Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Steastrunk, Jr., as follows:
Our thought for today is from Micah 2:7b: "Do not my words do good to him whose ways are upright?"
Let us pray. Merciful God, help us live worthy lives in service to the people of South Carolina. Give us guidance for everything we do and take the opportunity You put before us as we strive to do the best we can. May we take each day You give us to work for good. Bless our Nation, President, State, Governor and leaders. Protect our defenders of freedom as they protect us. We ask in the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. KIRSH moved that when the House adjourns, it adjourn in memory of William "Bill" Armstrong of Clover, which was agreed to.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4448 (Word version) -- Reps. Hiott, Rice, Owens, Skelton and Toole: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME ZONES OF THIS STATE, SO AS TO REVISE THE BOUNDARIES OF GAME ZONES 1 AND 2; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO REVISE THE OPEN SEASON IN GAME ZONE 1 AND THE EQUIPMENT WHICH MAY BE USED DURING CERTAIN PERIODS; TO AMEND SECTION 50-11-430, AS AMENDED, RELATING TO BEAR HUNTING IN GAME ZONE 1, SO AS TO REVISE THE OPEN SEASON FOR TAKING BEAR, THE EQUIPMENT WHICH MAY BE USED DURING CERTAIN PERIODS, AND THE PROCEDURES WHICH MUST BE FOLLOWED WHEN A BEAR IS TAKEN, AND TO FURTHER PROVIDE FOR CERTAIN LAWFUL AND UNLAWFUL ACTIVITIES IN REGARD TO BEAR HUNTING.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 4572 (Word version) -- Reps. Witherspoon, Frye, Rhoad and Loftis: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVISION OF THE STATE INTO GAME ZONES, SO AS TO REVISE AND REDUCE THE NUMBER OF THESE GAME ZONES; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO HUNTING SEASON FOR SMALL GAME, SO AS TO FURTHER PROVIDE FOR THESE SEASONS BASED ON THE REVISED GAME ZONES AS PROVIDED FOR ABOVE; TO AMEND SECTION 50-11-150, AS AMENDED, RELATING TO BAG LIMITS, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE OPEN SEASONS BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-335, AS AMENDED, RELATING TO BAG LIMITS ON ANTLERED DEER, SO AS TO FURTHER PROVIDE FOR THESE BAG LIMITS FOR DEER BASED ON THE REVISED GAME ZONES; TO AMEND SECTION 50-11-350, AS AMENDED, RELATING TO PENALTIES FOR ILLEGALLY TAKING, POSSESSING, OR KILLING DEER IN CERTAIN GAME ZONES, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES; TO AMEND SECTION 50-11-520, AS AMENDED, RELATING TO SPECIAL STUDIES OF GAME ZONES STOCKED WITH WILD TURKEY, SO AS TO REVISE REFERENCES TO PARTICULAR GAME ZONES AND FURTHER TO PROVIDE FOR THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS; TO AMEND SECTION 50-11-708, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN GAME ZONE 6, SO AS TO REVISE THESE PROVISIONS, MAKE THEM APPLICABLE TO ALL GAME ZONES, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTIONS 50-11-90, 50-11-555, 50-11-560, 50-11-700, 50-11-703, 50-11-704, 50-11-705, 50-11-706, AND 50-13-360 ALL RELATING TO VARIOUS WILDLIFE AND FISH AND GAME PROVISIONS.
Ordered for consideration tomorrow.
Rep. WITHERSPOON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 4660 (Word version) -- Reps. Witherspoon, Loftis, Frye, Clemmons, Barfield, Ceips, Clark, Edge, Hardwick, Harrison and Ott: A BILL TO AMEND SECTION 48-39-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO COASTAL TIDELANDS AND WETLANDS, SO AS TO DEFINE THE TERM "POOL".
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4678 (Word version) -- Reps. G. M. Smith, Weeks and Coates: A BILL TO AMEND SECTION 20-7-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS VOLUNTARILY LEFT AT A HOSPITAL BY A PARENT OR AT THE DIRECTION OF A PARENT AND PROVIDING IMMUNITY TO SUCH PACT OR PERSON UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT AN INFANT MAY ALSO BE LEFT AT A LAW ENFORCEMENT AGENCY OR A CHURCH OR SYNAGOGUE, TO DEFINE HOSPITALS, LAW ENFORCEMENT AGENCIES, AND CHURCHES AND SYNAGOGUES AS "SAFE HAVENS", TO PROVIDE THAT SUCH IMMUNITY ATTACHES WHEN AN INFANT IS LEFT AT A SAFE HAVEN, AND TO PROVIDE THAT A LAW ENFORCEMENT AGENCY, CHURCH, OR SYNAGOGUE MUST TRANSPORT AN INFANT TO A HOSPITAL WHEN THE INFANT IS LEFT AT THE LAW ENFORCEMENT AGENCY, CHURCH, OR SYNAGOGUE.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3109 (Word version) -- Reps. M. A. Pitts, E. H. Pitts, Taylor, Mahaffey and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-160 SO AS TO PROVIDE THAT A SCHOOL BUS DRIVER SHALL HAVE A PHYSICAL PERFORMED BY A PHYSICIAN OR NURSE PRACTITIONER BEFORE THE TESTING REQUIRED TO OPERATE A SCHOOL BUS AND PROVIDE FOR THE REPORTING OF THE RESULTS OF THE EXAMINATION.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4460 (Word version) -- Reps. R. Brown, Moody-Lawrence, Anderson, Cobb-Hunter, Rivers, Mitchell, J. H. Neal, Mack, Scott, J. Brown, Clyburn, Govan, Hodges, Hosey, Howard, Jefferson, Jennings, Kennedy, Parks and Whipper: A BILL TO AMEND SECTION 40-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LICENSURE AND REGULATION OF BARBERS, INCLUDING THE DEFINITION FOR "HAIR BRAIDING", SO AS TO PROVIDE THAT THIS TERM INCLUDES THE USE OF HAIR EXTENSIONS OR WEFTS.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4809 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-6-3535, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX CREDIT ALLOWED A TAXPAYER MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE IN THIS STATE, SO AS TO ADD TECHNICAL REFERENCES AND TO DEFINE "PARTNER" FOR PURPOSES OF THE APPLICATION OF THE CREDIT TO PASS-THROUGH ENTITIES.
Referred to Committee on Ways and Means
H. 4813 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-196 SO AS TO PROVIDE FOR A PENALTY FOR A RETAILER COLLECTING AN EXCESSIVE STATE OR LOCAL SALES TAX AND TO PROVIDE FOR MITIGATION OF THE PENALTY.
Referred to Committee on Ways and Means
H. 4820 (Word version) -- Reps. Martin and Leach: A BILL TO AMEND SECTION 56-5-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM SPEED LIMITS, SO AS TO PROVIDE THAT A COMMERCIAL MOTOR VEHICLE TRAVELING ALONG A HIGHWAY MUST NOT BE OPERATED AT A SPEED IN EXCESS OF FIVE MILES BELOW THE MAXIMUM POSTED SPEED FOR AN AUTOMOBILE.
Referred to Committee on Education and Public Works
S. 1116 (Word version) -- Senators McConnell, Lourie, Ford, Cleary, Knotts, Sheheen, Alexander and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, CHAPTER 3, TITLE 23 SO AS TO ESTABLISH THE SPECIAL INVESTIGATIONS UNIT WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO INVESTIGATE ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS AND VULNERABLE ADULT FATALITIES; TO AMEND SECTION 43-35-10, AS AMENDED, RELATING TO THE DEFINITION OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF FACILITIES TO INCLUDE RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED, WITH THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR LOCAL DISABILITIES BOARDS AND THE DEFINITION OF "INVESTIGATIVE ENTITY" TO INCLUDE THE SPECIAL INVESTIGATIONS UNIT IN THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTION 43-35-15, RELATING TO THE DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES IN CONNECTION WITH ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, SO AS TO PROVIDE THAT THE SPECIAL INVESTIGATIONS UNIT SHALL RECEIVE REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR LOCAL DISABILITIES BOARDS, TO CLARIFY THE INVESTIGATIVE RESPONSIBILITIES OF THE LONG TERM CARE OMBUDSMAN AND THE ADULT PROTECTIVE SERVICES PROGRAM AT THE DEPARTMENT OF SOCIAL SERVICES, AND TO FURTHER PROVIDE FOR THE INVESTIGATION OF THESE INCIDENTS; TO AMEND SECTION 43-35-20, RELATING TO ADDITIONAL POWERS OF INVESTIGATIVE ENTITIES, SO AS TO PROVIDE THAT THESE ENTITIES HAVE ACCESS TO FACILITIES AS PERMITTED BY LAW; TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS, SO AS TO FURTHER CLARIFY THESE REPORTING RESPONSIBILITIES AND TO REQUIRE INCIDENTS INVOLVING CRIMINAL INTENT TO BE REPORTED TO LAW ENFORCEMENT; TO AMEND SECTION 43-35-35, RELATING TO REPORTING VULNERABLE ADULT DEATHS BELIEVED TO HAVE RESULTED FROM ABUSE OR NEGLECT, SO AS TO PROVIDE THAT ALL DEATHS OF A VULNERABLE ADULT IN FACILITIES OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, OR A LOCAL DISABILITIES BOARD MUST BE REPORTED TO THE SPECIAL INVESTIGATIONS UNIT; TO AMEND SECTION 43-35-40, RELATING TO INVESTIGATIVE ENTITIES REPORTING INCIDENTS INVOLVING CRIMINAL INTENT TO LAW ENFORCEMENT, SO AS TO FURTHER CLARIFY THIS REPORTING REQUIREMENT; TO AMEND SECTION 43-35-65, RELATING TO NOTICES REQUIRED TO BE PLACED IN FACILITIES CONCERNING DUTIES OF FACILITY PERSONNEL, SO AS TO REQUIRE THESE NOTICES TO CONTAIN E-MAIL ADDRESSES AND FAX NUMBERS OF THE LONG TERM CARE OMBUDSMAN PROGRAM, THE SPECIAL INVESTIGATIONS UNIT, AND LAW ENFORCEMENT; TO AMEND SECTION 43-35-80, RELATING TO ACTIONS OF THE ATTORNEY GENERAL AGAINST A PERSON OR FACILITY FOR FAILING TO EXERCISE REASONABLE CARE IN OPERATING A FACILITY FOR VULNERABLE ADULTS, SO AS TO PROVIDE THAT REFERRALS FOR SUCH ACTIONS MAY ALSO BE MADE BY THE SPECIAL INVESTIGATIONS UNIT; TO ADD ARTICLE 5 TO CHAPTER 35, TITLE 43 SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE SPECIAL INVESTIGATIONS UNIT IN THE INVESTIGATION OF VULNERABLE ADULT FATALITIES AND TO ESTABLISH THE VULNERABLE ADULT FATALITIES REVIEW COMMITTEE AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO ADD SECTION 17-5-555 SO AS TO REQUIRE THE CORONER OR MEDICAL EXAMINER TO REPORT THE DEATH OF A VULNERABLE ADULT TO THE SPECIAL INVESTIGATIONS UNIT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-7-2910, AS AMENDED, RELATING TO CRIMINAL RECORDS CHECKS FOR DIRECT CAREGIVERS, SO AS TO REQUIRE THESE RECORDS CHECKS ON DIRECT CAREGIVERS IN RESIDENTIAL PROGRAMS OPERATED BY, OR CONTRACTED WITH, THE DEPARTMENT OF MENTAL HEALTH, THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, AND LOCAL DISABILITIES BOARDS.
Referred to Committee on Judiciary
S. 1232 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3040, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The following was introduced:
H. 4814 (Word version) -- Reps. E. H. Pitts, Haley, Ballentine, Bingham, Clark, Frye, Huggins, McLeod, Ott, Toole, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Bannister, Barfield, Battle, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Funderburk, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Owens, Parks, Perry, Phillips, Pinson, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO HONOR SOUTH CAROLINA NATIVE AND FALLEN HERO MARINE LIEUTENANT ALMAR FITZGERALD OF LEXINGTON COUNTY FOR HIS UNDENIABLE COURAGE, LEADERSHIP, AND SACRIFICE WHICH HE ADMIRABLY EXEMPLIFIED WHILE PROUDLY SERVING HIS COUNTRY AND FIGHTING FOR THE FREEDOM OF THE IRAQI PEOPLE IN OPERATION IRAQI FREEDOM.
The Resolution was adopted.
The following was introduced:
H. 4815 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE PEE DEE INDIAN TRIBE ON RECEIVING THE HIGHEST HONOR OF BEING GRANTED RECOGNITION AS A "TRIBE" BY THE BOARD OF THE SOUTH CAROLINA COMMISSION ON MINORITY AFFAIRS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4816 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA UPON THE PASSING OF MAX SHELDON DUBOSE OF BISHOPVILLE, AND TO OFFER HIS FAMILY AND MANY FRIENDS THEIR DEEPEST SYMPATHY.
The Resolution was adopted.
The following was taken up for immediate consideration:
H. 4817 (Word version) -- Reps. Harrell, Altman, Breeland, R. Brown, Chellis, Dantzler, Hagood, Limehouse, Mack, Merrill, Miller, Scarborough, Whipper and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE WEST ASHLEY HIGH SCHOOL VOLLEYBALL TEAM ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, and school officials of the West Ashley High School Volleyball Team on a date and at a time to be determined by the Speaker.
The Resolution was adopted.
The following was introduced:
H. 4818 (Word version) -- Reps. Harrell, Altman, Breeland, R. Brown, Chellis, Dantzler, Hagood, Limehouse, Mack, Merrill, Miller, Scarborough, Whipper and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE WEST ASHLEY HIGH SCHOOL VOLLEYBALL TEAM OF CHARLESTON COUNTY ON ITS IMPRESSIVE STATE AAAA VOLLEYBALL CHAMPIONSHIP TITLE, AND TO HONOR ITS PLAYERS AND THEIR COACH, CHRISTY JICKLING, ON AN EXTRAORDINARY SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4819 (Word version) -- Reps. J. E. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEMORATE THOSE INVOLVED IN THE LANDMARK SOUTH CAROLINA CASE, BRIGGS V. ELLIOTT, FOR THEIR COURAGE AND COMMITMENT TO JUSTICE IN CHALLENGING THE CONSTITUTIONALITY OF "SEPARATE BUT EQUAL" EDUCATION AND TO RECOGNIZE THEM FOR THEIR HEROIC CONTRIBUTIONS TO EDUCATIONAL EQUALITY AND OPPORTUNITY FOR ALL SOUTH CAROLINIANS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4821 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 139 IN HORRY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 701 IN THE TOWN OF LORIS TO ITS INTERSECTION WITH CANE BRANCH ROAD IN THE CITY OF CONWAY THE "AUSTIN M. ENZOR MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "AUSTIN M. ENZOR MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. SCOTT, with unanimous consent, the following was taken up for immediate consideration:
H. 4822 (Word version) -- Reps. Scott, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE FACULTY, STAFF, STUDENTS, PARENTS, AND ADMINISTRATORS OF BLYTHEWOOD MIDDLE SCHOOL IN RICHLAND DISTRICT TWO AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO COMMEND THEM ON RECEIVING THE 2006 CAROLINA FIRST PALMETTO'S FINEST SCHOOLS AWARD.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the faculty, staff, students, parents, and administrators of Blythewood Middle School in Richland District Two at a date and time to be determined by the Speaker to commend them on receiving the 2006 Carolina First Palmetto's Finest Schools Award.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1237 (Word version) -- Senators Jackson, Moore, Malloy, Ford, Anderson, Ryberg and Pinckney: A CONCURRENT RESOLUTION TO HONOR THE RICH HISTORY OF SILVER BLUFF BAPTIST CHURCH AT SILVER BLUFF IN AIKEN COUNTY, THE OLDEST BLACK CHURCH IN AMERICA, AND TO RECOGNIZE THE GREAT WORKS OF THE CHURCH AND ITS LEADERS OVER THE PAST TWO HUNDRED FIFTY YEARS IN SPREADING THE WORD OF GOD AND SERVING AS THE SPIRITUAL ESSENCE OF BLACK HISTORY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1247 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO CONGRATULATE THE LOWER RICHLAND DIAMONDS GIRLS BASKETBALL TEAM FOR WINNING THE CLASS AAAA STATE BASKETBALL CHAMPIONSHIP ON FRIDAY, MARCH 3, 2006, AT THE COLONIAL CENTER IN COLUMBIA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Clark Clemmons Clyburn Cobb-Hunter Cooper Dantzler Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell J. H. Neal J. M. Neal Ott Owens Parks Perry Phillips E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Walker Weeks Whipper White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, March 15.
Marty Coates Creighton Coleman Bill Cotty Ralph Davenport Dwight Loftis Denny Neilson Bessie Moody-Lawrence G. Murrell Smith William Bowers Lewis E. Pinson Karl Allen Thad Viers Ralph Norman James E. Smith G. R. Smith Jerry Govan Fletcher Smith Converse Chellis Todd Rutherford
The SPEAKER granted Rep. CHELLIS a temporary leave of absence.
Announcement was made that Dr. Jennifer Root of Columbia is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4427 (Word version)
Date: ADD:
03/15/06 MAHAFFEY
Bill Number: H. 3907 (Word version)
Date: ADD:
03/15/06 MAHAFFEY
Bill Number: H. 4737 (Word version)
Date: ADD:
03/15/06 J. BROWN
Bill Number: H. 4737 (Word version)
Date: ADD:
03/15/06 HUGGINS
Bill Number: H. 4737 (Word version)
Date: ADD:
03/15/06 R. BROWN
Bill Number: H. 4351 (Word version)
Date: ADD:
03/15/06 HERBKERSMAN
Bill Number: H. 4790 (Word version)
Date: ADD:
03/15/06 BALLENTINE
Bill Number: H. 4768 (Word version)
Date: ADD:
03/15/06 SINCLAIR
Bill Number: H. 4768 (Word version)
Date: ADD:
03/15/06 BRADY
Bill Number: H. 4768 (Word version)
Date: ADD:
03/15/06 BATTLE
Bill Number: H. 4768 (Word version)
Date: ADD:
03/15/06 MCGEE
Bill Number: H. 4768 (Word version)
Date: ADD:
03/15/06 BALLENTINE
Bill Number: H. 4660 (Word version)
Date: REMOVE:
03/15/06 AGNEW
The following Bill and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 4783 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 2006 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF DILLON COUNTY FAVOR HAVING THE THREE SCHOOL DISTRICTS OF THE COUNTY GOVERNED BY A SINGLE BOARD OF TRUSTEES, WITH UNLIMITED FISCAL AUTONOMY, COMPOSED OF NINE MEMBERS, SEVEN ELECTED IN NONPARTISAN ELECTIONS FROM THE SAME SINGLE MEMBER ELECTION DISTRICTS AS ARE MEMBERS OF COUNTY COUNCIL AND TWO ELECTED FROM THE COUNTY AT LARGE.
H. 4785 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DENIAL, REVOCATION AND SUSPENSION OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2984, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4787 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4471 (Word version) -- Reps. Clemmons, Barfield, Vick, Martin, Cotty, Witherspoon, Hardwick, Harrison, Altman, Bales, Edge, Hagood, Hayes, Jennings, Leach, Limehouse, Loftis, M. A. Pitts, Rice, Sinclair, J. E. Smith, Viers and White: A BILL TO AMEND SECTIONS 22-3-10 AND 22-3-30, BOTH AS AMENDED AND BOTH RELATING TO JURISDICTION OF THE MAGISTRATE'S COURT, BOTH SO AS TO PROVIDE THAT IN A COMMERCIAL LEASE RELATIONSHIP THE MAGISTRATE SHALL RETAIN JURISDICTION OVER AN EJECTMENT ACTION AND CORRESPONDING COMPULSORY COUNTERCLAIMS, REGARDLESS OF THE AMOUNT OF THE COUNTERCLAIM; TO AMEND SECTION 27-33-40, RELATING TO CONCURRENT JURISDICTION OF CIRCUIT COURT JUDGES AND MAGISTRATES, SO AS TO PROVIDE THAT IN A COMMERCIAL LEASE RELATIONSHIP THE MAGISTRATE SHALL SEVER AND TRANSFER TO CIRCUIT COURT CLAIMS OR PERMISSIVE COUNTERCLAIMS FILED IN MAGISTRATE'S COURT IN CONNECTION WITH AN EJECTMENT ACTION IF THOSE CLAIMS EXCEED THE JURISDICTIONAL AMOUNT, WHILE RETAINING JURISDICTION OVER THE EJECTMENT ACTION AND COMPULSORY COUNTERCLAIMS; AND TO AMEND SECTION 27-37-60, RELATING TO THE TRIAL OF A CONTESTED EJECTMENT ACTION RESULTING FROM A COMMERCIAL LEASE ARRANGEMENT, SO AS TO REQUIRE THAT THE ACTION BE HEARD, WITH PRIORITY, AT THE NEXT TERM OF COURT AND THAT THE TENANT TENDER RENT DUE AND ACCRUING AS OF AND DURING THE PENDENCY OF THE ACTION.
The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4784 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO TRANSPORTATION OF UNMANUFACTURED FOREST PRODUCTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2972, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
H. 4786 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DISPLAYING THE FLAG, DESIGNATED AS REGULATION DOCUMENT NUMBER 2996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Senate amendments to the following Bill were taken up for consideration:
H. 3796 (Word version) -- Reps. Cato, Huggins and Ballentine: A BILL TO AMEND CHAPTER 60, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40 UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF REAL ESTATE APPRAISERS, INCLUDING AMONG OTHER THINGS, REVISIONS OF THE CLASSROOM OR COURSE HOURS REQUIRED TO QUALIFY FOR THE DESIGNATED LEVELS OF APPRAISAL PERMITS, LICENSURE, AND CERTIFICATION.
Rep. CATO made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Concurrent Resolution was taken up:
S. 1179 (Word version) -- Senators Grooms, Campsen, Cleary, Richardson and Alexander: A CONCURRENT RESOLUTION TO URGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO OPPOSE THE SALE OF LAND IN THE FRANCIS MARION AND SUMTER NATIONAL FORESTS.
Whereas, the sale of more than 300,000 acres of national forest land, an amount of land roughly equal to the size of the Francis Marion National Forest, has been proposed; and
Whereas, in South Carolina, the proposed sale of land includes selling 4,665 acres in 45 tracts in the Francis Marion National Forest and Sumter National Forest; and
Whereas, conservationists contend that the sale of this forested property sets a bad precedent for the federal government selling such properties in the future; and
Whereas, the Francis Marion National Forest is a 250,000 acre ecological treasure home to some of the most important habitat remaining in South Carolina due to its extensive longleaf pine and savannah habitat on which animals, birds, and plants depend for their existence; and
Whereas, the Francis Marion National Forest is already under threat from development with a proposed road through the heart of the forest and suburban development threatening to encroach upon the forest; and
Whereas, selling this national forest land will open South Carolina up to more uncontrolled growth, sending a negative message that could undermine local attempts to restrain suburban sprawl adjacent to the Francis Marion National Forest and diminish the ongoing efforts of the United States Forest Service, which has been restoring this land since Hurricane Hugo devastated the area in 1989; and
Whereas, after centuries of logging, farming, and development, the State has very few areas left where stands of native forest can grow, and the Francis Marion and the Sumter National Forests are home to some of the these few remaining native forests, an irreplaceable resource that must be protected. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly, by this resolution, urge the South Carolina congressional delegation to oppose the sale of land in the Francis Marion and Sumter National Forests.
Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. BRANHAM.
The following Joint Resolution was taken up:
H. 4502 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Young, Bingham, Bailey, Loftis, Perry, Haskins, Witherspoon, Cato, Vaughn, Altman, Sandifer, G.R. Smith, Walker, Jefferson, Ott, Mack, Vick, Clemmons, Bales, Clark, Simrill, Viers, Duncan, M.A. Pitts, Rice, Mahaffey, Hinson and Davenport: A JOINT RESOLUTION PROPOSING AMENDMENTS TO ARTICLE I, SECTIONS 13 AND 17, AND ARTICLE XIV, SECTION 5 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, TO CONSOLIDATE IN ARTICLE I, SECTION 13 PROVISIONS FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY PUBLIC BODIES OF THIS STATE BY AMENDING ARTICLE I, SECTION 17, RELATING TO TREASON AND THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, BY DELETING THE SECOND AND THIRD UNDESIGNATED PARAGRAPHS RELATING TO THE EXERCISE OF THE POWERS OF EMINENT DOMAIN BY OR WITHIN SUMTER AND CHEROKEE COUNTIES, AND BY AMENDING ARTICLE XIV TO DELETE SECTION 5 OF THAT ARTICLE, RELATING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY OR WITHIN SPARTANBURG, YORK, FLORENCE, GREENVILLE, CHARLESTON, RICHLAND, AND LAURENS COUNTIES; TO PROVIDE FURTHER THAT PRIVATE PROPERTY MUST NOT BE TAKEN IF AT THE TIME OF THE CONDEMNATION THE PUBLIC BODY CONDEMNING THE PROPERTY INTENDS TO CONVEY ANY INTEREST IN THE REAL PROPERTY TO ANOTHER PRIVATE PARTY WITH SPECIFIED EXCEPTIONS, AND TO PROVIDE FOR JUST COMPENSATION FOR THE OWNER OF REAL PROPERTY IF A LAND USE LAW REDUCES ITS FAIR MARKET VALUE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. A. It is proposed that Section 13, Article I of the Constitution of this State be amended as follows:
"Section 13. (1) Except as otherwise provided in this Constitution, private property shall must not be taken for private use without the consent of the owner, nor for public use without just compensation being first made therefore for it.
(2) Private property must not be taken if, at any time, the public body condemning the property, or its designee, intends to convey fee title or lesser interest to all or a portion of the real property, to another private party unless the owner consents. This paragraph does not apply to:
(a) the condemnation of improved or unimproved property that constitutes a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors;
(b) the granting of a nonpossessory interest in the property for the purpose of financing the acquisition of the property;
(c) property necessary for transportation or utility facilities or transmission systems; or
(d) conveyance by a public body of an interest lesser than fee title to a privately-owned business for the provision of retail services designed primarily to serve the patrons of the facility in a public facility.
B. It is proposed that Section 17, Article I of the Constitution of this State be amended to read:
"Section 17. Treason against the State shall consist alone in levying war or in giving aid and comfort to enemies against the State. No person shall be held guilty of treason, except upon testimony of at least two witnesses to the same overt act, or upon confession in open court. Provided, however, that the General Assembly may provide by law that any incorporated municipality in Sumter County or any housing or redevelopment authority now or hereafter established in the county may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse and the sale or disposition of such areas to private enterprise for private uses, or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. Provided, further, that just compensation be paid for all property and property rights so taken, including relocation costs. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, gas pipelines or railroad main line trackage or other similar public utilities, the compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage in addition to any other compensation to which it may be entitled by law. Provided, that the municipalities of Cherokee County may pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. When land is condemned and reuse is for private purposes, and there is located thereon any main underground subway system, interstate toll lines, transmission lines, transformer vaults or railroad trackage, the compensation to any public utility or railroad shall include, in addition to any other compensation to which it may be entitled by law, the reasonable expense incurred in relocating such system, lines, vaults or trackage as may be affected by such taking. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, further, that when land is purchased or condemned, or when right-of-way is vacated, and such land or right-of-way is reused for private purposes, and the relocation or rearrangement of any main underground subway system, telephone line, transmission line, transformer vault or railroad trackage is required because of such reuse, the public utility or railroad shall be compensated, but the total compensation to any public utility or railroad, in addition to any other compensation to which it may be entitled by law, for such relocation or rearrangement shall not exceed the reasonable expense incurred in relocating or rearranging the system, lines, vaults or trackage affected by such taking. "
C. It is proposed that Section 5, Article XIV of the Constitution of this State be amended to read:
"Section 5. Slum clearance and redevelopment; acquisition of air rights and subsurface rights. Provided, the General Assembly may provide by law that any incorporated municipality in Spartanburg County, or any housing or redevelopment authority now existing or hereafter established to function in Spartanburg County, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Spartanburg County or to such authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, that the municipalities of York County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Spartanburg County, any incorporated municipality, political subdivision or authority in Spartanburg County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the municipalities of Florence County may, pursuant to statutory law, now existing or hereafter enacted, and acting through their municipal councils or through any housing or redevelopment authority, now or hereafter established, undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to that end may exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Provided, further, that just compensation be paid for all property and property rights so taken. In cases of condemnation of land, where reuse is for private purposes, on which is located main underground subway systems, interstate toll lines, transmission lines, transformer vaults, or railroad main line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Provided, further, that in cases of condemnation of land, where reuse is for private purposes, the condemnee shall be given the first opportunity to purchase the land when it is sold by the condemnor for such reuse. Provided, that the General Assembly may provide by law that any incorporated municipality in Greenville County, or any housing or redevelopment authority now existing or hereafter established to function in Greenville County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Greenville County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Greenville County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Notwithstanding the provisions of Article I, Section 17, restricting the exercise of the power of eminent domain to the acquisition of property for public use, Greenville County, any incorporated municipality, political subdivision or authority in Greenville County may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interests in the space below the surface of the ground or the surface of streets, roads or rights-of-way including access, support and other appurtenant rights required for the utilization thereof. Provided, that the General Assembly may provide by law that any incorporated municipality in Charleston County, or any housing or redevelopment authority now existing or hereafter established to function in Charleston County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Charleston County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the Charleston County Council, as to property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, that the General Assembly may provide by law that any incorporated municipality in Richland County, or any housing or redevelopment authority now existing or hereafter established to function in Richland County, may undertake and carry out slum clearance and redevelopment work in areas public or private (including streets and rights-of-way) designated by such municipality or authority and may prepare such areas for reuse, and may sell, lease, mortgage or otherwise dispose of such areas (including air rights over or subsurface rights under such areas, streets, roads or rights-of-way) to private enterprise for private use or to public bodies for public use and to that end the General Assembly may delegate to such incorporated municipalities in Richland County or to such authority the right to exercise the power of eminent domain as to any property to effectuate the plan of slum clearance and redevelopment. Provided, however, that before any such acquisition occurs under the power of eminent domain, a plan of redevelopment including such property shall be approved, after public hearing thereon, by the governing body of the municipality, as to property within the corporate limits of such municipality, or by the County Council for Richland County, as to the property not within the corporate limits of any municipality, or by such other body as the General Assembly may designate. Provided, the General Assembly may provide by law that any incorporated municipality in Laurens County, or any housing or redevelopment authority now existing or hereafter established to function in the county, may undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses and to that end the General Assembly may delegate to such incorporated municipalities in Laurens County or to such authorities the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment, including the acquisition of air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate and may dispose of air rights and subsurface rights regardless of how or for what purpose acquired, for private or public use by lease, mortgage, sale or otherwise. Air rights shall mean estates, rights and interests in the space above the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. Subsurface rights shall mean estates, rights and interest in the space below the surface of the ground or the surface of streets, roads or rights-of-way, including access, support and other appurtenant rights required for the utilization thereof. In cases of condemnation of land on which are located underground subway systems, interstate toll lines, transmission lines, transformer vaults or railroad line trackage, the total compensation to the public utility or railroad shall be the reasonable expense incurred in relocation of the systems, lines, vaults or trackage. Reserved."
SECTION 2. The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article I, Sections 13, and 17, and Article XIV, Section 5 of the Constitution of this State be amended so as to provide for the consolidation into Article I, Section 13, provisions regarding the exercise of the power of eminent domain by public bodies of this State by deleting two paragraphs of Article I, Section 17, and all of Article XIV, Section 5, pertaining to the exercise of the power of eminent domain by or within Sumter, Cherokee, Spartanburg, York, Florence, Greenville, Charleston, Richland, and Laurens Counties by certain public bodies, further providing that private property must not be taken if, at the time of the condemnation, the public body condemning the property intends to convey any interest in all or a portion of the real property to another private party, unless the owner consents or unless (a) the property to be condemned constitutes a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors; (b) the public body grants only a nonpossessory interest in the property to finance the acquisition of the property; (c) the property is necessary for transportation or utility facilities or transmission systems; (d) or the public body conveys interests lesser than fee title to a privately owned business for the provision of retail services designed primarily to serve the patrons of the facility in a public facility.
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18133MM06), which was adopted:
Amend the joint resolution, as and if amended, SECTION 2 as found on pages eight and nine, by deleting SECTION 2 in its entirety and inserting:
/ SECTION 2. The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article I, Sections 13, and 17, and Article XIV, Section 5, of the Constitution of this State be amended so as to provide for the consolidation into Article I, Section 13, provisions regarding the exercise of the power of eminent domain by public bodies of this State by deleting two paragraphs of Article I, Section 17, and all of Article XIV, Section 5, pertaining to the exercise of the power of eminent domain by or within Sumter, Cherokee, Spartanburg, York, Florence, Greenville, Charleston, Richland, and Laurens Counties by certain public bodies, further providing that private property must not be taken if, at the time of the condemnation, the public body condemning the property intends to convey any interest in all or a portion of the real property to another private party, unless the owner consents or unless (a) the property to be condemned constitutes a danger to the safety and health of the community by reason of lack of ventilation, light, and sanitary facilities, dilapidation, deleterious land use, or any combination of these factors; (b) the public body grants only a nonpossessory interest in the property to finance the acquisition of the property; (c) the property is necessary for transportation or utility facilities or transmission systems; (d) or the public body conveys interests lesser than fee title to a privately owned business for the provision of retail services designed primarily to serve the patrons of the facility in a public facility; and further providing that the private owner of real property is entitled to just compensation if a land use law reduces the fair market value of the land.
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. HARRISON spoke in favor of the amendment.
The amendment was then adopted.
Rep. SCARBOROUGH proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\6737CM06), which was adopted:
Amend the joint resolution, as and if amended, Section 13(3) as contained in SECTION 1 by deleting after the period on line 25, page 2:
/ (3) In addition to a right of compensation provided in this section, if the use or division of private real property is reduced by the enactment or enforcement of a land use law after the date of acquisition by the owner of the property in a manner that reduces the fair market value of the property, except a law to protect the public's health and safety, the owner is entitled to just compensation, and is not required to first submit a land use application to remove, modify, vary, or otherwise alter the application of the land use law to the owner's property as a prerequisite to demanding or receiving just compensation pursuant to this section." /
Amend the joint resolution further, SECTION 2, page 9 by deleting after /facility in a public facility / on line 15:
/ ; and further providing that the private owner of real property is entitled to just compensation if a land use law reduces the fair market value of the land /
Renumber sections to conform.
Amend title to conform.
Rep. SCARBOROUGH explained the amendment.
Rep. EDGE spoke against the amendment.
The SPEAKER granted Rep. RHOAD a temporary leave of absence.
Rep. EDGE continued speaking.
Rep. COTTY spoke in favor of the amendment.
Rep. COLEMAN spoke in favor of the amendment.
The SPEAKER granted Rep. ANDERSON a leave of absence for the remainder of the day to attend two funerals.
Rep. RIVERS spoke in favor of the amendment.
Rep. SKELTON spoke in favor of the amendment.
Rep. LIMEHOUSE spoke in favor of the amendment.
Rep. EMORY spoke in favor of the amendment.
Rep. HOSEY spoke in favor of the amendment.
Rep. SKELTON spoke in favor of the amendment.
Rep. HARRISON spoke against the amendment.
Rep. EDGE moved to table the amendment.
Rep. SCARBOROUGH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Barfield Cato Ceips Clemmons Clyburn Coates Cobb-Hunter Dantzler Delleney Duncan Edge Frye Haley Hamilton Hardwick Harrell Harrison Haskins Hayes M. Hines Hinson Howard Jefferson Loftis Lucas Mack Mahaffey Martin McGee Merrill Moody-Lawrence J. H. Neal Ott Owens Parks Perry E. H. Pitts M. A. Pitts Rhoad Rice Sandifer F. N. Smith G. M. Smith Stewart Talley Tripp Umphlett Viers Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Anthony Ballentine Bannister Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Chalk Clark Coleman Cooper Cotty Davenport Emory Funderburk Govan Hagood Harvin Herbkersman J. Hines Hiott Hodges Hosey Huggins Jennings Kennedy Kirsh Leach Limehouse Littlejohn McCraw McLeod Miller Mitchell J. M. Neal Neilson Norman Phillips Pinson Rivers Scarborough Scott Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith Taylor Thompson Toole Townsend Vaughn Vick Weeks Whipper Whitmire
So, the House refused to table the amendment.
The amendment was then adopted.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Agnew Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown R. Brown Cato Ceips Chalk Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Rivers
So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up:
H. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Mack, Vick, Hardwick, Clemmons, Bales, Neilson, Mahaffey, Clark, Simrill, Viers, Duncan, Thompson, G. M. Smith, Lucas, M. A. Pitts, Rice, Hinson and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL PROPERTY; TO AMEND SECTION 4-9-30, RELATING TO A COUNTY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA BY A COUNTY; TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA AND TO PROVIDE REQUIRED PROCEDURES BEFORE THE EXERCISE; TO AMEND SECTION 28-2-30, RELATING TO DEFINITIONS FOR PURPOSES OF EXERCISING EMINENT DOMAIN, SO AS TO DEFINE "BLIGHTED", "JUST COMPENSATION", AND "PUBLIC USE"; TO AMEND SECTIONS 28-3-20 AND 28-3-30, BOTH RELATING TO STATE AUTHORITIES WITH EMINENT DOMAIN POWER, SO AS TO SPECIFY PUBLIC ENTITIES OTHER THAN COUNTIES AND MUNICIPALITIES INCLUDING CERTAIN INSTITUTIONS OF HIGHER LEARNING, THE STATE PORTS AUTHORITY, AND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 31-7-30, AS AMENDED, RELATING TO TIF FOR COUNTIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 6-33-25, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; TO AMEND SECTION 6-33-30, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 31-6-25, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; AND TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO REDEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED" AREAS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18140MM06):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:
"Section 4-9-32. (A) Before exercising the powers granted in Section 4-9-30(15), a county governing body shall:
(1) perform a cost-benefit analysis and produce a written report based on the analysis which, at a minimum, must:
(a) establish criteria for the objective to be accomplished as a result of the proposed taking;
(b) include a fiscal impact statement that addresses whether the value of the proposed taking to the public is greater than the amount of just compensation owed to the property owner as a result of the proposed taking; and
(c) identify alternatives to achieving the stated objective other than through a taking of the property pursuant to the powers of eminent domain;
(2) convene a meeting between the county official or officials with the decision-making authority regarding the proposed taking and the stakeholders in the proposed taking including, but not
limited, to any person or entity with current or future property rights in the property at issue, to review and discuss the proposed taking and to review and discuss the cost-benefit analysis report prepared pursuant to item (1) of this subsection;
(3) produce a final written report that is subject to disclosure to the public pursuant to Chapter 4 of Title 30, the Freedom of Information Act, and that confirms compliance with items (1) and (2) of this subsection.
(B) Unless the fiscal impact statement included in the cost-benefit analysis report pursuant to item (1) of subsection (A) concludes that the value of the proposed taking to the public is greater than the amount of just compensation owed to the property owner as a result of the proposed taking, the county may not exercise the authority granted in Section 4-9-30(15)."
SECTION 2. Article 1, Chapter 2, Title 28 of the 1976 Code is amended by adding:
"Section 28-2-65. (A) If the real property, or a portion of it, condemned pursuant to the procedure prescribed in this chapter is not used for the public purpose or use for which it was condemned within ten years from the effective date of its condemnation, the former owner, his successors or assigns, have the right of first refusal to reacquire the subject real property upon payment of the amount of the original condemnation award or its current appraised value, whichever is less.
(B) The ten-year period required by this section must be tolled for the period of time during which condemnation is contested or the declared use is delayed for regulatory, permitting, litigation, or other legal proceedings.
Section 28-2-67. (A) Except as otherwise provided by law as to blighted areas, the condemnor of real property pursuant to this chapter may not sell, lease, exchange, transfer, or otherwise convey the property or a portion of it to a private or public person or entity unless the former owner of the property, his successors or assigns, have the right of first refusal to reacquire the subject property upon payment of the amount of the original condemnation award or its current appraised value, whichever is less, unless otherwise required by federal law or regulation, or unless a failure to receive the current appraised value would result in a loss of federal funding for a project.
(B) This section does not apply when condemned property is sold, leased, exchanged, transferred, or otherwise conveyed by one public body to another public body who has eminent domain authority for the same public purpose or use."
SECTION 3. Chapter 3 of Title 28 of the 1976 Code is amended by adding:
"Section 28-3-25. (A) A state body not specifically enumerated in Section 28-3-20 and all special purpose districts must apply to and receive written approval from the South Carolina Budget and Control Board before exercising the power of eminent domain.
(B) A county of this State and any agency or political subdivision of a county must apply to and receive written approval from its county council before exercising the power of eminent domain.
(C) A municipality of this State and any agency or political subdivision of a municipality must apply to and receive written approval from its town or city council before exercising the power of eminent domain."
SECTION 4.A. Title 28 of the 1976 Code is amended by adding:
Section 28-4-10. This chapter may be cited as the 'Just Compensation for Land Use Restrictions Act'.
Section 28-4-20. As used in this chapter:
(1) 'Family member' includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, or grandchild of the owner of the property, an estate of any family member, or a legal entity owned by any one or combination of these family members or the owner of the property.
(2) 'Land use regulation' means:
(a) a statute or administrative rule or regulation regulating the use of land or an interest in land;
(b) a local government ordinance, comprehensive plan, zoning ordinance, land division ordinance, and transportation ordinance;
(c) metropolitan service district regional framework plan, functional plan, planning goals and objectives; and
(d) a statute and administrative rule regulating farming and forest practices.
(3) 'Owner' means the present owner of the property or an interest in the property.
(4) 'Public entity' means the State, a city, a county, or a political subdivision or an agency of them.
Section 28-4-30. (A) If a public entity enacts or enforces a land use regulation that restricts the use of private real property or an interest in it and has the effect of reducing the fair market value of the property or the interest in it, the owner of the property must be paid just compensation.
(B) For purposes of this chapter, just compensation is equal to the reduction in the fair market value of the affected property interest resulting from enactment or enforcement of the land use regulation as of the date the owner makes written demand for compensation pursuant to this chapter.
(C) This section does not apply to a land use regulation:
(1) restricting or prohibiting an activity recognized as a public nuisance by law;
(2) restricting or prohibiting an activity for the protection of public health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, and pollution control regulations;
(3) to the extent the land use regulation is required to comply with federal law;
(4) restricting or prohibiting the use of a property for the purpose of selling pornography or performing nude dancing. This item is not intended to affect or alter rights provided by the constitution of this State or the United States;
(5) enacted before the date of acquisition of the property by the owner;
(6) regulating hunting, fishing, trapping, releasing of animals, and protecting fish and wildlife and their habitats;
(7) governing the establishment and maintenance of private driveways pursuant to Sections 57-5-1080, 57-5-1090, 57-5-1100, or 57-5-1110 of the 1976 Code of Laws;
(8) that are adopted as part of an unincorporated area's initial adoption of land use regulations; or
(9) enacted pursuant to the operation or protection of a military institution or facility.
(d) This section applies only to properties that are the direct subjects of condemnation, ordinance, zoning, regulation, or designation actions. A provision of this chapter must not be applied to properties that are in close proximity to properties that are subject to this act unless the properties are also the direct subjects of condemnation, ordinance, zoning, regulation, or designation actions. This provision does not affect remedies that may be available at common law regarding inverse condemnation actions.
Section 28-4-40. (A) Just compensation pursuant to Section 28-4-30 is due the owner of the property if the land use regulation continues to be enforced against the property one hundred eighty days after the owner of the property makes written demand for compensation pursuant to this section to the public entity enacting or enforcing the land use regulation.
(B) For claims arising from land use regulations enacted after the effective date of this chapter, written demand for compensation pursuant to subsection (A) must be made within two years of the enactment of the land use regulation, or the date the owner of the property submits a land use application in which the land use regulation is an approval criterion, whichever is later.
Section 28-4-50. (A) If a land use regulation continues to apply to the subject property more than one hundred eighty days after the present owner of the property makes written demand for compensation pursuant to this chapter, the present owner of the property or an interest in it has a cause of action for compensation in the circuit court in which the real property is located.
(B) A public entity may adopt or apply procedures for the processing of claims pursuant to this chapter, except that these procedures may not act as a prerequisite to the filing of a compensation claim pursuant to subsection (A) of this section, and the failure of an owner of property to file an application for a land use permit with the local government may not serve as grounds for dismissal, abatement, or delay of a compensation claim pursuant to subsection (A).
Section 28-4-60. Notwithstanding another state statute or the availability of funds pursuant to Section 28-4-70, instead of payment of just compensation pursuant to this chapter, the public entity responsible for enacting the land use regulation may modify, remove, create a variance, or not apply the land use regulation or land use regulations to allow the owner to use the property for a use permitted at the time the owner acquired the property.
Section 28-4-70. Claims made pursuant to this chapter must be paid from funds specifically allocated by the General Assembly or the appropriate public entity for payment of claims pursuant to this chapter. Notwithstanding the availability of funds, a public entity may use available funds to pay claims or to modify, remove, or not apply a land use regulation or land use regulations pursuant to Section 28-4-60. If a claim is not paid within two years from the date on which it accrues, the owner must be allowed to use the property as permitted at the time the owner acquired the property.
Section 28-4-80. The remedy created by this act is in addition to any other remedy provided by the state or federal law, and is not intended to modify or replace any other remedy.
Section 28-4-90. (A) An owner is entitled to reasonable attorney's fees, expenses, costs, and other disbursements if a court awards compensation pursuant to this chapter as a result of the enactment or enforcement of a land use regulation against that owner's real property.
(b) An owner may seek recovery of his fees, expenses, costs, and other disbursements.
(C) If an owner seeks compensation based on the enactment or enforcement of more than one land use regulation and prevails with respect to some land use regulations but not others, the court shall award fees, expenses, costs, and other disbursements.
B. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
C. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. If portion or portions of this act are declared invalid by a court of competent jurisdiction, the remaining portions of this act shall remain in full force and effect. This chapter must be solely prospective in nature and a provision of this chapter must not be applied retroactively."
SECTION 5. Section 4-9-30(15) of the 1976 Code is amended to read:
"(15) in accordance with and subject to the requirements and conditions in Section 4-9-32, to undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such the areas for reuse, and the sale or other disposition of such the areas to private enterprise for private uses or to public bodies for public uses and, to that end, the General Assembly delegates to any county the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Any A county may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition or real estate, including eminent domain, and may dispose of air rights and subsurface rights, regardless of how or for what purpose acquired, for public use by lease, mortgage, sale, or otherwise. Air rights shall mean means estates, rights, and interests in the space above the surface of the ground or the surface of streets, roads, or rights-of-way including access, support, and other appurtenant rights required for the utilization thereof;"
SECTION 6. Section 5-7-50 of the 1976 Code is amended to read:
"Section 5-7-50. Any (A)(1) A municipality desiring to become the owner of any land or to acquire any easement or right-of-way therein in it for any an authorized corporate or public purpose shall have the right to may condemn such the land or right-of-way or easement, subject to the general law of this State, within and without the corporate limits in the county in which it is situated and in any adjoining county or counties. This authority shall does not apply to any property devoted to public use; provided, however, except that, the property of corporations not for profit organized under pursuant to the provisions of Chapter 35 of Title 33, shall is not be subject to condemnation unless the municipality in which their the corporation's service area is located intends to make comparable water service available in such the service area and such the condemnation is for that purpose. After any such the condemnation, the municipality shall assume all obligations of the corporation related to the property and the facilities thereon on it which were condemned.
(2) Provided, however, In accordance with and subject to the requirements and conditions of subsections (B) and (C) of this section, that any an incorporated municipality, or any a housing or redevelopment authority now existing or hereafter established to function, later may undertake and carry out slum clearance and redevelopment work in areas which that are predominately slum or blighted, the preparation of such the areas for reuse, and the sale or other disposition of such the areas to private enterprise or to public bodies for public uses and, to that end, the General Assembly delegates to any incorporated municipality, or such like authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Any incorporated municipality, political subdivision, or authority may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights, regardless of who for whom or for what purpose acquired, for private or public use by lease, mortgage, sale, or otherwise. Air rights shall mean means estates, rights, and interests in the space above the surface of the ground or the surface of streets, roads, or rights-of-ways rights of way including access, support, and other appurtenant rights required for the utilization thereof of them. Subsurface rights shall mean means estates, rights, and interests in the space below the surface of the ground or the surface of streets, roads, or rights-of-way including access, support, and other appurtenant rights required for the utilization thereof of them.
(B) Before exercising the powers granted in paragraph (A)(2) of this section, the municipality, political subdivision, or authority shall:
(1) perform a cost-benefit analysis and produce a written report based on the analysis which, at a minimum, must:
(a) establish criteria for the objective to be accomplished as a result of the proposed taking;
(b) include a fiscal impact statement that addresses whether the value of the proposed taking to the public is greater than the amount of just compensation owed to the property owner as a result of the proposed taking; and
(c) identify alternatives to achieving the stated objective other than through a taking of the property pursuant to the powers of eminent domain;
(2) convene a meeting between the governmental official or officials with the decision-making authority regarding the proposed taking and the stakeholders in the proposed taking including, but not limited to, any person or entity with current or future property rights in the property at issue, to review and discuss the proposed taking and to review and discuss the cost-benefit analysis report prepared pursuant to subsection (B)(1);
(3) produce a final written report that is subject to disclosure to the public pursuant to Chapter 4 of Title 30, the Freedom of Information Act, and that confirms compliance with items (1) and (2) of this subsection.
(C) Unless the fiscal impact statement included in the cost-benefit analysis report pursuant to this section concludes that the value of the proposed taking to the public is greater than the amount of just compensation owed to the property owner as a result of the proposed taking, the municipality, political subdivision or authority may not exercise the authority granted in subsection (A)(2) of this section."
SECTION 7. Section 28-2-30 of the 1976 Code is amended by inserting after items (2), (11), and (20), respectively:
"(2A) 'Blighted', when used in any section of the Code to describe real property or an area for eminent domain purposes, means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals, or welfare; except that an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the appropriate planning commission that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, a property owner or person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners.
(11A) 'Just compensation' means the value of the property taken and the damages, if any, to the property not taken so that:
(a) a full and complete equivalent for the loss sustained is realized by the owner whose property has been taken or damaged; and
(b) the property owner is in as good a pecuniary position as if his property were not taken.
The computation of just compensation must include a reduction for any benefits derived by the landowner as a result of the proposed project including, but not limited to, the value of property or rights relinquished or reverting to the landowner.
(20) 'Public use' means a fixed, definite, and enforceable right of use by the public that requires possession, occupation, and enjoyment of the property by the public-at-large or by a public body, which includes an entity granted condemnation powers pursuant to Title 58 or Title 33. A use of property that creates a benefit to the public that is merely incidental, indirect, pretextual, or speculative does not constitute a public use. A mere public purpose or public benefit including, but not limited to, the purpose or benefit of economic development, does not constitute the requisite public use for property to be condemned by eminent domain."
SECTION 8. Sections 28-3-20 and 28-3-30 of the 1976 Code are amended to read:
"Section 28-3-20. All state authorities, commissions, boards, or governing bodies established by the State of South Carolina, (hereinafter referred to as "state authority") which have been, or may be created in the future, to develop waterways of the State for use in intrastate, interstate, and foreign commerce; to construct, maintain, and operate powerhouses, dams, canals, locks, and reservoirs; to produce, transmit, sell, and distribute electric power; to reclaim and drain swampy and flooded lands; to improve health conditions of the State; and to reforest watersheds, and for which purposes the acquisition of property is necessary, have the right of eminent domain. Except as otherwise provided in Sections 4-9-30 and 5-7-50, the only public entities that have the right of eminent domain are:
(1) the South Carolina Department of Transportation;
(2) the South Carolina Public Service Authority; and
(3) the Department of Commerce, Division of State Development.
Section 28-3-30. (A) This section applies when the power of eminent domain is exercised only to develop waterways of the State for use in intrastate, interstate, and foreign commerce; to construct, maintain, and operate powerhouses, dams, canals, locks, and reservoirs; to produce, transmit, sell, and distribute electric power; to reclaim and drain swampy and flooded lands; to improve health conditions of the State; and to reforest watersheds, and for which purposes the acquisition of property is necessary.
(B) Any A public body exercising the power of eminent domain for purposes set forth in Section 28-3-20 shall, in subsection (A), in the area determined by the maximum high-water mark resulting from its activity and a line not exceeding one hundred lineal feet beyond such that high-water mark, shall arrange to permit the previous owner of the one hundred foot strip, and his heirs and assigns, to pass over and across the strip which may be that is acquired under pursuant to this section, and any and all lands of the state authority which that are not actually covered with water at convenient places for purposes of ingress and egress to the reservoirs of the state authority, which. This right must be exercised so that it shall does not interfere with any dams, dikes, structures, and buildings of the state authority or the application and use of the state authority of proper health and sanitation measures, and the strip and all of the lands acquired by the authority may be controlled by the authority for health and sanitation measures to the extent of exclusion of the public from the strip and lands at all times as may be necessary. The public bodies may also also may acquire by condemnation all water and flowage rights in land in the vicinity of the projects specified in Section 28-3-20 subsection (A) which it may determine to be determines necessary, useful, or convenient, or which might may be damaged by reason of the construction or operation of the projects, and on those lands the public bodies may establish health control measures as may be are necessary."
SECTION 9. Section 31-7-30(1) of the 1976 Code was amended by Act 109 of 2005 and is further amended to read:
"(1) "Blighted area" means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of a county where:
if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; presence of or potential environmental hazard; lack of ventilation, light, storm drainage, or sanitary facilities; inadequate utilities; inadequate transportation infrastructure; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning, are detrimental to the public safety, health, morals, or welfare; or 'Agricultural real property' has the same definition as is provided in Section 12-43-230.
(1A) 'Blighted' means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals or welfare; except that an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the planning commission that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, the property owner or a person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners."
SECTION 10. Section 6-33-30(1) of the 1976 Code is amended to read:
"(1) "Blighted area" means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of a county where:
(a) if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light, or sanitary facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning, are detrimental to the public safety, health, morals, or welfare; or
(b) if vacant, the sound growth is impaired by:
(i) a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; or
(ii) the area immediately prior to becoming vacant qualified as a blighted area. Any area within a redevelopment plan established by Chapter 10 of Title 31 is deemed to be a blighted area. Agricultural real property has the same definition as in Section 12-43-230.
(1A) 'Blighted' means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals or welfare; except that an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the planning commission that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, the property owner or a person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners."
SECTION 11. Section 31-6-30(1) and (1.5), as last amended by Act 109 of 2005, is further amended to read:
"(1) "Blighted area" means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of the municipality where:
(a) if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; lack of necessary transportation infrastructure; presence of or potential environmental hazards; lack of water or wastewater services; inadequate electric, natural gas or other energy services; lack of modern communications infrastructure; lack of ventilation, light, sanitary or storm drainage facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning; and static or declining land values are detrimental to the public safety, health, morals, or welfare or;
(b) if vacant, the sound growth is impaired by:
(i) a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; overcrowding of structures and community facilities in neighboring areas adjacent to the vacant land; lack of necessary transportation infrastructure; presence of or potential environmental hazard; lack of water, or wastewater; lack of storm drainage facilities; inadequate electric and natural gas energy services; and lack of modern communications infrastructure; or
(ii) the area immediately prior to becoming vacant qualified as a blighted area. Any area within a redevelopment plan established by Chapter 10 of Title 31 is deemed to be a blighted area. 'Blighted' means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals or welfare; except than an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the planning commission that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, the property owner or a person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners.
(1.5) "Agricultural area" means any unimproved or vacant area formerly developed and used primarily for agricultural purposes within the boundaries of a redevelopment project area located within the territorial limits of the municipality where redevelopment and sound growth is impaired by a combination of three or more of the following factors: obsolete platting of the land; diversity of ownership of the land; tax and special assessment delinquencies on the land; deterioration of structures or site improvements in neighboring areas adjacent to the land; overcrowding of structures and community facilities in neighboring areas adjacent to the land; lack of necessary transportation infrastructure; presence of or potential environmental hazards; lack of water or wastewater; lack of storm drainage facilities; inadequate electric, natural gas or other energy services; lack of modern communications infrastructure; lack of community planning; agricultural foreclosures; and static or declining land values. 'Agricultural property' has the same definition as is provided in Section 12-43-230."
Section 12. Chapter 2 of Title 28 is amended by adding:
"Section 28-2-35. Notwithstanding another provision of law to the contrary, a public body's acquisition of private property through the exercise of eminent domain or condemnation must comply with the following requirements:
(A) A public body has the burden of proving in any proceeding related to a condemnation, by clear and convincing evidence, each of the following:
(1) a proposed condemnation is for a public use;
(2) the entity will own, operate, and retain control over the condemned property, except as may be permitted by Article I, Section 13 of the South Carolina Constitution; and
(3) the property that is the subject of the condemnation provides a necessary and direct benefit to the public at large. A benefit to the public that is merely incidental, indirect, pretextual, or speculative is not a public use.
(B) All statutes relating to or involving eminent domain or condemnation must be strictly construed against the condemnor."
Section 13. Section 59-53-52(13) of the 1976 Code is amended to read:
(13) Exercise the right of eminent domain in the geographical area served by each respective institution;
(Reserved)
Section 14. Section 59-53-420(14) of the 1976 Code is amended to read:
(14) To exercise the power of eminent domain in the manner provided by the general laws of this State for procedure by any county, municipality or authority organized under the laws of this State, by the Department of Transportation, by railroad corporations or in any manner provided by law, as the council may, in its discretion, elect, including the procedure provided by Chapter 5, Title 28 (Sections 28-5-10 to 28-5-390).
(Reseved)
Section 15. Sections 28-2-360, 28-2-370, 54-3-130, 59-101-605, 59-117-70, and 59-123-90 are hereby repealed.
SECTION 16. Except as otherwise provided herein, all provisions of this act take effect upon approval by the Governor and, except as provided in SECTION 4, apply to an exercise of eminent domain pending on that date or arising on or after that date, and to any legal action not yet finally adjudicated by a trial court. The provisions of SECTION 2 apply to property obtained on or after January 1, 1900, by a public body pursuant to condemnation proceedings or threat of condemnation proceedings. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. MCLEOD moved to divide the question, which was agreed to.
SECTION 4A. Title 28 of the 1976 Code is amended by adding:
Section 28-4-10. This chapter may be cited as the 'Just Compensation for Land Use Restrictions Act'.
Section 28-4-20. As used in this chapter:
(1) 'Family member' includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, or grandchild of the owner of the property, an estate of any family member, or a legal entity owned by any one or combination of these family members or the owner of the property.
(2) 'Land use regulation' means:
(a) a statute or administrative rule or regulation regulating the use of land or an interest in land;
(b) a local government ordinance, comprehensive plan, zoning ordinance, land division ordinance, and transportation ordinance;
(c) metropolitan service district regional framework plan, functional plan, planning goals and objectives; and
(d) a statute and administrative rule regulating farming and forest practices.
(3) 'Owner' means the present owner of the property or an interest in the property.
(4) 'Public entity' means the State, a city, a county, or a political subdivision or an agency of them.
Section 28-4-30. (A) If a public entity enacts or enforces a land use regulation that restricts the use of private real property or an interest in it and has the effect of reducing the fair market value of the property or the interest in it, the owner of the property must be paid just compensation.
(B) For purposes of this chapter, just compensation is equal the reduction in the fair market value of the affected property interest resulting from enactment or enforcement of the land use regulation as of the date the owner makes written demand for compensation pursuant to this chapter.
(C) This section does not apply to a land use regulation:
(1) restricting or prohibiting an activity recognized as a public nuisance by law;
(2) restricting or prohibiting an activity for the protection of public health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, and pollution control regulations;
(3) to the extent the land use regulation is required to comply with federal law;
(4) restricting or prohibiting the use of a property for the purpose of selling pornography or performing nude dancing. This item is not intended to affect or alter rights provided by the constitution of this State or the United States;
(5) enacted before the date of acquisition of the property by the owner;
(6) regulating hunting, fishing, trapping, releasing of animals, and protecting fish and wildlife and their habitats;
(7) governing the establishment and maintenance of private driveways pursuant to Sections 57-5-1080, 57-5-1090, 57-5-1100, or 57-5-1110 of the 1976 Code of Laws;
(8) that are adopted as part of an unincorporated area's initial adoption of land use regulations; or
(9) enacted pursuant to the operation or protection of a military institution or facility.
(d) This section applies only to properties that are the direct subjects of condemnation, ordinance, zoning, regulation, or designation actions. A provision of this chapter must not be applied to properties that are in close proximity to properties that are subject to this act unless the properties are also the direct subjects of condemnation, ordinance, zoning, regulation, or designation actions. This provision does not affect remedies that may be available at common law regarding inverse condemnation actions.
Section 28-4-40. (A) Just compensation pursuant to Section 28-4-30 is due the owner of the property if the land use regulation continues to be enforced against the property one hundred eighty days after the owner of the property makes written demand for compensation pursuant to this section to the public entity enacting or enforcing the land use regulation.
(B) For claims arising from land use regulations enacted after the effective date of this chapter, written demand for compensation pursuant to subsection (A) must be made within two years of the enactment of the land use regulation, or the date the owner of the property submits a land use application in which the land use regulation is an approval criterion, whichever is later.
Section 28-4-50. (A) If a land use regulation continues to apply to the subject property more than one hundred eighty days after the present owner of the property makes written demand for compensation pursuant to this chapter, the present owner of the property or an interest in it has a cause of action for compensation in the circuit court in which the real property is located.
(B) A public entity may adopt or apply procedures for the processing of claims pursuant to this chapter, except that these procedures may not act as a prerequisite to the filing of a compensation claim pursuant to subsection (A) of this section, and the failure of an owner of property to file an application for a land use permit with the local government may not serve as grounds for dismissal, abatement, or delay of a compensation claim pursuant to subsection (A).
Section 28-4-60. Notwithstanding another state statute or the availability of funds pursuant to Section 28-4-70, instead of payment of just compensation pursuant to this chapter, the public entity responsible for enacting the land use regulation may modify, remove, create a variance, or not apply the land use regulation or land use regulations to allow the owner to use the property for a use permitted at the time the owner acquired the property.
Section 28-4-70. Claims made pursuant to this chapter must be paid from funds specifically allocated by the General Assembly or the appropriate public entity for payment of claims pursuant to this chapter. Notwithstanding the availability of funds, a public entity may use available funds to pay claims or to modify, remove, or not apply a land use regulation or land use regulations pursuant to Section 28-4-60. If a claim is not paid within two years from the date on which it accrues, the owner must be allowed to use the property as permitted at the time the owner acquired the property.
Section 28-4-80. The remedy created by this act is in addition to any other remedy provided by the state or federal law, and is not intended to modify or replace any other remedy.
Section 28-4-90. (A) An owner is entitled to reasonable attorney's fees, expenses, costs, and other disbursements if a court awards compensation pursuant to this chapter as a result of the enactment or enforcement of a land use regulation against that owner's real property.
(b) An owner may seek recovery of his fees, expenses, costs, and other disbursements.
(C) If an owner seeks compensation based on the enactment or enforcement of more than one land use regulation and prevails with respect to some land use regulations but not others, the court shall award fees, expenses, costs, and other disbursements.
B. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
C. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. If portion or portions of this act are declared invalid by a court of competent jurisdiction, the remaining portions of this act shall remain in full force and effect. This chapter must be solely prospective in nature and a provision of this chapter must not be applied retroactively."
Rep. SCARBOROUGH moved to table the question.
Rep. HARRISON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Ballentine Bannister Bingham Bowers Brady G. Brown R. Brown Coleman Cotty Emory Funderburk Govan Hagood Harvin Herbkersman J. Hines Hodges Huggins Jennings Kennedy Kirsh Limehouse McCraw McLeod Miller J. M. Neal Norman Phillips Rivers Scarborough Scott Simrill Sinclair Skelton G. R. Smith J. E. Smith Toole Townsend Vick Weeks Whipper
Those who voted in the negative are:
Allen Bailey Bales Barfield Battle Branham Breeland J. Brown Cato Ceips Chalk Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Duncan Edge Frye Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Hinson Hosey Howard Jefferson Leach Littlejohn Loftis Lucas Mack Mahaffey Martin McGee Merrill Mitchell Moody-Lawrence J. H. Neal Neilson Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer D. C. Smith F. N. Smith G. M. Smith J. R. Smith Stewart Talley Taylor Thompson Tripp Umphlett Vaughn Viers Walker White Whitmire Witherspoon Young
So, the House refused to table the question.
Rep. HARRISON explained the question.
Rep. HAGOOD spoke against the question.
Rep. RIVERS spoke against the question.
Rep. SCARBOROUGH spoke against the question.
Rep. COLEMAN spoke against the question.
Rep. J. H. NEAL spoke in favor of the question.
Rep. J. H. NEAL spoke in favor of the question.
Rep. J. E. SMITH spoke against the question.
Rep. RHOAD moved that the House recede until 2:30 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of Question 1.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Question 1:
H. 4503 (Word version) -- Reps. Edge, Harrison, Harrell, Merrill, Bingham, Young, Loftis, Perry, Haskins, Witherspoon, Bailey, Cato, Vaughn, Altman, Sandifer, G. R. Smith, Walker, Jefferson, Mack, Vick, Hardwick, Clemmons, Bales, Neilson, Mahaffey, Clark, Simrill, Viers, Duncan, Thompson, G. M. Smith, Lucas, M. A. Pitts, Rice, Hinson and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REFORM CERTAIN EMINENT DOMAIN PROCEDURES BY ADDING SECTION 4-9-32 SO AS TO PROVIDE FOR PROCEDURES REQUIRED OF A COUNTY BEFORE IT MAY EXERCISE EMINENT DOMAIN; BY ADDING SECTIONS 28-2-65 AND 28-2-67 SO AS TO PROVIDE THAT THE OWNER OF CONDEMNED PROPERTY HAS THE RIGHT OF FIRST REFUSAL TO REDEEM HIS PROPERTY IF THE CONDEMNING ENTITY DOES NOT USE THE PROPERTY FOR THE INTENDED PUBLIC USE OR IT CONTEMPLATES A SALE TO ANOTHER PARTY; BY ADDING SECTION 28-3-25 SO AS TO REQUIRE WRITTEN APPROVAL BEFORE CERTAIN PUBLIC BODIES MAY EXERCISE EMINENT DOMAIN; BY ADDING CHAPTER 4 TO TITLE 28 SO AS TO ENACT THE "JUST COMPENSATION FOR LAND USE RESTRICTIONS ACT" PROVIDING A PROCESS FOR CALCULATING AND OBTAINING JUST COMPENSATION WHEN A LAND USE REGULATION AFFECTS A LAND'S VALUE; BY ADDING SECTION 31-7-26 SO AS TO PROVIDE THAT THE TAX INCREMENT FINANCING ACT (TIF) FOR COUNTIES DOES NOT APPLY TO AGRICULTURAL REAL PROPERTY; TO AMEND SECTION 4-9-30, RELATING TO A COUNTY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA BY A COUNTY; TO AMEND SECTION 5-7-50, RELATING TO A MUNICIPALITY'S AUTHORITY TO EXERCISE EMINENT DOMAIN, SO AS TO LIMIT THE EXERCISE OF EMINENT DOMAIN FOR SLUM CLEARANCE AND REDEVELOPMENT OF A BLIGHTED AREA AND TO PROVIDE REQUIRED PROCEDURES BEFORE THE EXERCISE; TO AMEND SECTION 28-2-30, RELATING TO DEFINITIONS FOR PURPOSES OF EXERCISING EMINENT DOMAIN, SO AS TO DEFINE "BLIGHTED", "JUST COMPENSATION", AND "PUBLIC USE"; TO AMEND SECTIONS 28-3-20 AND 28-3-30, BOTH RELATING TO STATE AUTHORITIES WITH EMINENT DOMAIN POWER, SO AS TO SPECIFY PUBLIC ENTITIES OTHER THAN COUNTIES AND MUNICIPALITIES INCLUDING CERTAIN INSTITUTIONS OF HIGHER LEARNING, THE STATE PORTS AUTHORITY, AND THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 31-7-30, AS AMENDED, RELATING TO TIF FOR COUNTIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 6-33-25, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; TO AMEND SECTION 6-33-30, RELATING TO TIF FOR MUNICIPALITIES, SO AS TO DEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED"; BY ADDING SECTION 31-6-25, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO EXCLUDE AGRICULTURAL PROPERTY FROM ITS PROVISIONS; AND TO AMEND SECTION 31-6-30, AS AMENDED, RELATING TO TIF FOR REDEVELOPMENT PROJECTS, SO AS TO REDEFINE "AGRICULTURAL REAL PROPERTY" AND "BLIGHTED" AREAS.
SECTION 4A. Title 28 of the 1976 Code is amended by adding:
Section 28-4-10. This chapter may be cited as the 'Just Compensation for Land Use Restrictions Act'.
Section 28-4-20. As used in this chapter:
(1) 'Family member' includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, or grandchild of the owner of the property, an estate of any family member, or a legal entity owned by any one or combination of these family members or the owner of the property.
(2) 'Land use regulation' means:
(a) a statute or administrative rule or regulation regulating the use of land or an interest in land;
(b) a local government ordinance, comprehensive plan, zoning ordinance, land division ordinance, and transportation ordinance;
(c) metropolitan service district regional framework plan, functional plan, planning goals and objectives; and
(d) a statute and administrative rule regulating farming and forest practices.
(3) 'Owner' means the present owner of the property or an interest in the property.
(4) 'Public entity' means the State, a city, a county, or a political subdivision or an agency of them.
Section 28-4-30. (A) If a public entity enacts or enforces a land use regulation that restricts the use of private real property or an interest in it and has the effect of reducing the fair market value of the property or the interest in it, the owner of the property must be paid just compensation.
(B) For purposes of this chapter, just compensation is equal the reduction in the fair market value of the affected property interest resulting from enactment or enforcement of the land use regulation as of the date the owner makes written demand for compensation pursuant to this chapter.
(C) This section does not apply to a land use regulation:
(1) restricting or prohibiting an activity recognized as a public nuisance by law;
(2) restricting or prohibiting an activity for the protection of public health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, and pollution control regulations;
(3) to the extent the land use regulation is required to comply with federal law;
(4) restricting or prohibiting the use of a property for the purpose of selling pornography or performing nude dancing. This item is not intended to affect or alter rights provided by the constitution of this State or the United States;
(5) enacted before the date of acquisition of the property by the owner;
(6) regulating hunting, fishing, trapping, releasing of animals, and protecting fish and wildlife and their habitats;
(7) governing the establishment and maintenance of private driveways pursuant to Sections 57-5-1080, 57-5-1090, 57-5-1100, or 57-5-1110 of the 1976 Code of Laws;
(8) that are adopted as part of an unincorporated area's initial adoption of land use regulations; or
(9) enacted pursuant to the operation or protection of a military institution or facility.
(d) This section applies only to properties that are the direct subjects of condemnation, ordinance, zoning, regulation, or designation actions. A provision of this chapter must not be applied to properties that are in close proximity to properties that are subject to this act unless the properties are also the direct subjects of condemnation, ordinance, zoning, regulation, or designation actions. This provision does not affect remedies that may be available at common law regarding inverse condemnation actions.
Section 28-4-40. (A) Just compensation pursuant to Section 28-4-30 is due the owner of the property if the land use regulation continues to be enforced against the property one hundred eighty days after the owner of the property makes written demand for compensation pursuant to this section to the public entity enacting or enforcing the land use regulation.
(B) For claims arising from land use regulations enacted after the effective date of this chapter, written demand for compensation pursuant to subsection (A) must be made within two years of the enactment of the land use regulation, or the date the owner of the property submits a land use application in which the land use regulation is an approval criterion, whichever is later.
Section 28-4-50. (A) If a land use regulation continues to apply to the subject property more than one hundred eighty days after the present owner of the property makes written demand for compensation pursuant to this chapter, the present owner of the property or an interest in it has a cause of action for compensation in the circuit court in which the real property is located.
(B) A public entity may adopt or apply procedures for the processing of claims pursuant to this chapter, except that these procedures may not act as a prerequisite to the filing of a compensation claim pursuant to subsection (A) of this section, and the failure of an owner of property to file an application for a land use permit with the local government may not serve as grounds for dismissal, abatement, or delay of a compensation claim pursuant to subsection (A).
Section 28-4-60. Notwithstanding another state statute or the availability of funds pursuant to Section 28-4-70, instead of payment of just compensation pursuant to this chapter, the public entity responsible for enacting the land use regulation may modify, remove, create a variance, or not apply the land use regulation or land use regulations to allow the owner to use the property for a use permitted at the time the owner acquired the property.
Section 28-4-70. Claims made pursuant to this chapter must be paid from funds specifically allocated by the General Assembly or the appropriate public entity for payment of claims pursuant to this chapter. Notwithstanding the availability of funds, a public entity may use available funds to pay claims or to modify, remove, or not apply a land use regulation or land use regulations pursuant to Section 28-4-60. If a claim is not paid within two years from the date on which it accrues, the owner must be allowed to use the property as permitted at the time the owner acquired the property.
Section 28-4-80. The remedy created by this act is in addition to any other remedy provided by the state or federal law, and is not intended to modify or replace any other remedy.
Section 28-4-90. (A) An owner is entitled to reasonable attorney's fees, expenses, costs, and other disbursements if a court awards compensation pursuant to this chapter as a result of the enactment or enforcement of a land use regulation against that owner's real property.
(b) An owner may seek recovery of his fees, expenses, costs, and other disbursements.
(C) If an owner seeks compensation based on the enactment or enforcement of more than one land use regulation and prevails with respect to some land use regulations but not others, the court shall award fees, expenses, costs, and other disbursements.
B. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
C. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. If portion or portions of this act are declared invalid by a court of competent jurisdiction, the remaining portions of this act shall remain in full force and effect. This chapter must be solely prospective in nature and a provision of this chapter must not be applied retroactively."
Rep. J. E. SMITH spoke against the question.
Rep. PERRY spoke in favor of the question.
The question was adopted.
/ SECTION 1. Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:
"Section 4-9-32. (A) Before exercising the powers granted in Section 4-9-30(15), a county governing body shall:
(1) perform a cost-benefit analysis and produce a written report based on the analysis which, at a minimum, must:
(a) establish criteria for the objective be accomplished as a result of the proposedd taking;
(b) include a fiscal impact statement that addresses whether the value of the proposed taking to the public is greater than the amount of just compensation owed to the property owner as a result of the proposed taking; and
(c) identify alternatives to achieving the stated objective other than through a taking of the property pursuant to the powers of eminent domain;
(2) convene a meeting between the county official or officials with the decision-making authority regarding the proposed taking and the stakeholders in the proposed taking including, but not limited, to any person or entity with current or future property rights in the property at issue, to review and discuss the proposed taking and to review and discuss the cost-benefit analysis report prepared pursuant to item (1) of this subsection;
(3) produce a final written report that is subject to disclosure to the public pursuant to Chapter 4 of Title 30, the Freedom of Information Act, and that confirms compliance with items (1) and (2) of this subsection.
(B) Unless the fiscal impact statement included in the cost-benefit analysis report pursuant to item (1) of subsection (A) concludes that the value of the proposed taking to the public is greater than the amount of just compensation owed to the property owner as a result of the proposed taking, the county may not exercise the authority granted in Section 4-9-30(15)."
SECTION 2. Article 1, Chapter 2, Title 28 of the 1976 Code is amended by adding:
"Section 28-2-65. (A) If the real property, or a portion of it, condemned pursuant to the procedure prescribed in this chapter is not used for the public purpose or use for which it was condemned within ten years from the effective date of its condemnation, the former owner, his successors or assigns, have the right of first refusal to reacquire the subject real property upon payment of the amount of the original condemnation award or its current appraised value, whichever is less.
(B) The ten-year period required by this section must be tolled for the period of time during which condemnation is contested or the declared use is delayed for regulatory, permitting, litigation, or other legal proceedings.
Section 28-2-67. (A) Except as otherwise provided by law as to blighted areas, the condemnor of real property pursuant to this chapter may not sell, lease, exchange, transfer, or otherwise convey the property or a portion of it to a private or public person or entity unless the former owner of the property, his successors or assigns, have the right of first refusal to reacquire the subject property upon payment of the amount of the original condemnation award or its current appraised value, whichever is less, unless otherwise required by federal law or regulation, or unless a failure to receive the current appraised value would result in a loss of federal funding for a project.
(B) This section does not apply when condemned property is sold, leased, exchanged, transferred, or otherwise conveyed by one public body to another public body who has eminent domain authority for the same public purpose or use."
SECTION 3. Chapter 3 of Title 28 of the 1976 Code is amended by adding:
"Section 28-3-25. (A) A state body not specifically enumerated in section 28-3-20 and all special purpose districts must apply to and receive written approval from the South Carolina Budget and Control Board before exercising the power of eminent domain.
(B) A county of this State and any agency or political subdivision of a county must apply to and receive written approval from its county council before exercising the power of eminent domain.
(C) A municipality of this State and any agency or political subdivision of a municipality must apply to and receive written approval from its town or city council before exercising the power of eminent domain."
SECTION 5. Section 4-9-30(15) of the 1976 Code is amended to read:
"(15) in accordance with and subject to the requirements and conditions in Section 4-9-32, to undertake and carry out slum clearance and redevelopment work in areas which are predominantly slum or blighted, the preparation of such the areas for reuse, and the sale or other disposition of such the areas to private enterprise for private uses or to public bodies for public uses and, to that end, the General Assembly delegates to any county the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Any A county may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition or real estate, including eminent domain, and may dispose of air rights and subsurface rights, regardless of how or for what purpose acquired, for public use by lease, mortgage, sale, or otherwise. Air rights shall mean means estates, rights, and interests in the space above the surface of the ground or the surface of streets, roads, or rights-of-way including access, support, and other appurtenant rights required for the utilization thereof;"
SECTION 6. Section 5-7-50 of the 1976 Code is amended to read:
"Section 5-7-50. Any (A)(1) A municipality desiring to become the owner of any land or to acquire any easement or right-of-way therein in it for any an authorized corporate or public purpose shall have the right to may condemn such the land or right-of-way or easement, subject to the general law of this State, within and without the corporate limits in the county in which it is situated and in any adjoining county or counties. This authority shall does not apply to any property devoted to public use; provided, however, except that, the property of corporations not for profit organized under pursuant to the provisions of Chapter 35 of Title 33, shall is not be subject to condemnation unless the municipality in which their the corporation's service area is located intends to make comparable water service available in such the service area and such the condemnation is for that purpose. After any such the condemnation, the municipality shall assume all obligations of the corporation related to the property and the facilities thereon on it which were condemned.
(2) Provided, however, In accordance with and subject to the requirements and conditions of subsections (B) and (C) of this section, that any an incorporated municipality, or any a housing or redevelopment authority now existing or hereafter established to function, later may undertake and carry out slum clearance and redevelopment work in areas which that are predominately slum or blighted, the preparation of such the areas for reuse, and the sale or other disposition of such the areas to private enterprise or to public bodies for public uses and, to that end, the General Assembly delegates to any incorporated municipality, or such like authorities, the right to exercise the power of eminent domain as to any property essential to the plan of slum clearance and redevelopment. Any incorporated municipality, political subdivision, or authority may acquire air rights or subsurface rights, both as hereinafter defined, by any means permitted by law for acquisition of real estate, including eminent domain, and may dispose of air rights and subsurface rights, regardless of who for whom or for what purpose acquired, for private or public use by lease, mortgage, sale, or otherwise. Air rights shall mean means estates, rights, and interests in the space above the surface of the ground or the surface of streets, roads, or rights-of-ways rights of way including access, support, and other appurtenant rights required for the utilization thereof of them. Subsurface rights shall mean means estates, rights, and interests in the space below the surface of the ground or the surface of streets, roads, or rights-of-way including access, support, and other appurtenant rights required for the utilization thereof of them.
(B) Before exercising the powers granted in paragraph (A)(2) of this section, the municipality, political subdivision, or authority shall:
(1) perform a cost-benefit analysis and produce a written report based on the analysis which, at a minimum, must:
(a) establish criteria for the objective to be accomplished as a result of the proposed taking;
(b) include a fiscal impact statement that addresses whether the value of the proposed taking to the public is greater than the amount of just compensation owed to the property owner as a result of the proposed taking; and
(c) identify alternatives to achieving the stated objective other than through a taking of the property pursuant to the powers of eminent domain;
(2) convene a meeting between the governmental official or officials with the decision-making authority regarding the proposed taking and the stakeholders in the proposed taking including, but not limited to, any person or entity with current or future property rights in the property at issue, to review and discuss the proposed taking and to review and discuss the cost-benefit analysis report prepared pursuant to subsection (B)(1);
(3) produce a final written report that is subject to disclosure to the public pursuant to Chapter 4 of Title 30, the Freedom of Information Act, and that confirms compliance with items (1) and (2) of this subsection.
(C) Unless the fiscal impact statement included in the cost-benefit analysis report pursuant to this section concludes that the value of the proposed taking to the public is greater than the amount of just compensation owed to the property owner as a result of the proposed taking, the municipality, political subdivision or authority may not exercise the authority granted in subsection (A)(2) of this section."
SECTION 7. Section 28-2-30 of the 1976 Code is amended by inserting after items (2), (11), and (20), respectively:
"(2A) 'Blighted', when used in any section of the Code to describe real property or an area for eminent domain purposes, means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals, or welfare; except that an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the appropriate planning commission that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, a property owner or person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners.
(11A) 'Just compensation' means the value of the property taken and the damages, if any, to the property not taken so that:
(a) a full and complete equivalent for the loss sustained is realized by the owner whose property has been taken or damaged; and
(b) the property owner is in as good a pecuniary position as if his property were not taken.
The computation of just compensation must include a reduction for any benefits derived by the landowner as a result of the proposed project including, but not limited to, the value of property or rights relinquished or reverting to the landowner.
(20) 'Public use' means a fixed, definite, and enforceable right of use by the public that requires possession, occupation, and enjoyment of the property by the public-at-large or by a public body, which includes an entity granted condemnation powers pursuant to Title 58 or Title 33. A use of property that creates a benefit to the public that is merely incidental, indirect, pretextual, or speculative does not constitute a public use. A mere public purpose or public benefit including, but not limited to, the purpose or benefit of economic development, does not constitute the requisite public use for property to be condemned by eminent domain."
SECTION 8. Sections 28-3-20 and 28-3-30 of the 1976 Code are amended to read:
"Section 28-3-20. All state authorities, commissions, boards, or governing bodies established by the State of South Carolina, (hereinafter referred to as "state authority") which have been, or may be created in the future, to develop waterways of the State for use in intrastate, interstate, and foreign commerce; to construct, maintain, and operate powerhouses, dams, canals, locks, and reservoirs; to produce, transmit, sell, and distribute electric power; to reclaim and drain swampy and flooded lands; to improve health conditions of the State; and to reforest watersheds, and for which purposes the acquisition of property is necessary, have the right of eminent domain. Except as otherwise provided in Sections 4-9-30 and 5-7-50, the only public entities that have the right of eminent domain are:
(1) the South Carolina Department of Transportation;
(2) the South Carolina Public Service Authority; and
(3) the Department of Commerce, Division of State Development.
Section 28-3-30. (A) This section applies when the power of eminent domain is exercised only to develop waterways of the State for use in intrastate, interstate, and foreign commerce; to construct, maintain, and operate powerhouses, dams, canals, locks, and reservoirs; to produce, transmit, sell, and distribute electric power; to reclaim and drain swampy and flooded lands; to improve health conditions of the State; and to reforest watersheds, and for which purposes the acquisition of property is necessary.
(B) Any A public body exercising the power of eminent domain for purposes set forth in Section 28-3-20 shall, in subsection (A), in the area determined by the maximum high-water mark resulting from its activity and a line not exceeding one hundred lineal feet beyond such that high-water mark, shall arrange to permit the previous owner of the one hundred foot strip, and his heirs and assigns, to pass over and across the strip which may be that is acquired under pursuant to this section, and any and all lands of the state authority which that are not actually covered with water at convenient places for purposes of ingress and egress to the reservoirs of the state authority, which. This right must be exercised so that it shall does not interfere with any dams, dikes, structures, and buildings of the state authority or the application and use of the state authority of proper health and sanitation measures, and the strip and all of the lands acquired by the authority may be controlled by the authority for health and sanitation measures to the extent of exclusion of the public from the strip and lands at all times as may be necessary. The public bodies may also also may acquire by condemnation all water and flowage rights in land in the vicinity of the projects specified in Section 28-3-20 subsection (A) which it may determine to be determines necessary, useful, or convenient, or which might may be damaged by reason of the construction or operation of the projects, and on those lands the public bodies may establish health control measures as may be are necessary."
SECTION 9. Section 31-7-30(1) of the 1976 Code was amended by Act 109 of 2005 and is further amended to read:
"(1) "Blighted area" means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of a county where:
if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; presence of or potential environmental hazard; lack of ventilation, light, storm drainage, or sanitary facilities; inadequate utilities; inadequate transportation infrastructure; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning, are detrimental to the public safety, health, morals, or welfare; or 'Agricultural real property' has the same definition as is provided in Section 12-43-230.
(1A) 'Blighted' means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals or welfare; except that an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the planning commission that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, the property owner or a person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners."
SECTION 10. Section 6-33-30(1) of the 1976 Code is amended to read:
"(1) "Blighted area" means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of a county where:
(a) if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light, or sanitary facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning, are detrimental to the public safety, health, morals, or welfare; or
(b) if vacant, the sound growth is impaired by:
(i) a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; or
(ii) the area immediately prior to becoming vacant qualified as a blighted area. Any area within a redevelopment plan established by Chapter 10 of Title 31 is deemed to be a blighted area. Agricultural real property has the same definition as in Section 12-43-230.
(1A) 'Blighted' means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals or welfare; except that an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the planning commission that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, the property owner or a person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners."
SECTION 11. Section 31-6-30(1) and (1.5), as last amended by Act 109 of 2005, is further amended to read:
"(1) "Blighted area" means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of the municipality where:
(a) if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; lack of necessary transportation infrastructure; presence of or potential environmental hazards; lack of water or wastewater services; inadequate electric, natural gas or other energy services; lack of modern communications infrastructure; lack of ventilation, light, sanitary or storm drainage facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning; and static or declining land values are detrimental to the public safety, health, morals, or welfare or;
(b) if vacant, the sound growth is impaired by:
(i) a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; overcrowding of structures and community facilities in neighboring areas adjacent to the vacant land; lack of necessary transportation infrastructure; presence of or potential environmental hazard; lack of water, or wastewater; lack of storm drainage facilities; inadequate electric and natural gas energy services; and lack of modern communications infrastructure; or
(ii) the area immediately prior to becoming vacant qualified as a blighted area. Any area within a redevelopment plan established by Chapter 10 of Title 31 is deemed to be a blighted area. 'Blighted' means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals or welfare; except that an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the planning commission that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, the property owner or a person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners.
(1.5) "Agricultural area" means any unimproved or vacant area formerly developed and used primarily for agricultural purposes within the boundaries of a redevelopment project area located within the territorial limits of the municipality where redevelopment and sound growth is impaired by a combination of three or more of the following factors: obsolete platting of the land; diversity of ownership of the land; tax and special assessment delinquencies on the land; deterioration of structures or site improvements in neighboring areas adjacent to the land; overcrowding of structures and community facilities in neighboring areas adjacent to the land; lack of necessary transportation infrastructure; presence of or potential environmental hazards; lack of water or wastewater; lack of storm drainage facilities; inadequate electric, natural gas or other energy services; lack of modern communications infrastructure; lack of community planning; agricultural foreclosures; and static or declining land values. 'Agricultural property' has the same definition as is provided in Section 12-43-230."
Section 12. Chapter 2 of Title 28 is amended by adding:
"Section 28-2-35. Notwithstanding another provision of law to the contrary, a public body's acquisition of private property through the exercise of eminent domain or condemnation must comply with the following requirements:
(A) A public body has the burden of proving in any proceeding related to a condemnation, by clear and convincing evidence, each of the following:
(1) a proposed condemnation is for a public use;
(2) the entity will own, operate, and retain control over the condemned property, except as may be permitted by Article I, Section 13 of the South Carolina Constitution; and
(3) the property that is the subject of the condemnation provides a necessary and direct benefit to the public at large. A benefit to the public that is merely incidental, indirect, pretextual, or speculative is not a public use.
(B) All statutes relating to or involving eminent domain or condemnation must be strictly construed against the condemnor."
Section 13. Section 59-53-52(13) of the 1976 Code is amended to read:
(13) Exercise the right of eminent domain in the geographical area served by each respective institution;
(Reserved)
Section 14. Section 59-53-420(14) of the 1976 Code is amended to read:
(14) To exercise the power of eminent domain in the manner provided by the general laws of this State for procedure by any county, municipality or authority organized under the laws of this State, by the Department of Transportation, by railroad corporations or in any manner provided by law, as the council may, in its discretion, elect, including the procedure provided by Chapter 5, Title 28 (Sections 28-5-10 to 28-5-390).
(Reserved)
Section 15. Sections 28-2-360, 28-2-370, 54-3-130, 59-101-605, 59-117-70, and 59-123-90 are hereby repealed.
SECTION 16. Except as otherwise provided herein, all provisions of this act take effect upon approval by the Governor and, except as provided in SECTION 4, apply to an exercise of eminent domain pending on that date or arising on or after that date, and to any legal action not yet finally adjudicated by a trial court. The provisions of SECTION 2 apply to property obtained on or after January 1, 1900, by a public body pursuant to condemnation proceedings or threat of condemnation proceedings. /
Renumber sections to conform.
Amend title to conform.
The question was adopted.
Rep. HARRISON proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\18155MM06), which was adopted:
Amend the bill, as and if amended, Section 28-3-20 as contained in SECTION 8, by deleting Section 28-3-20 in its entirety and inserting:
/ "Section 28-3-20. All state authorities, commissions, boards, or governing bodies established by the State of South Carolina, (hereinafter referred to as "state authority") which have been, or may be created in the future, to develop waterways of the State for use in intrastate, interstate, and foreign commerce; to construct, maintain, and operate powerhouses, dams, canals, locks, and reservoirs; to produce, transmit, sell, and distribute electric power; to reclaim and drain swampy and flooded lands; to improve health conditions of the State; and to reforest watersheds, and for which purposes the acquisition of property is necessary, have the right of eminent domain.
(A) Except as otherwise provided in Sections 4-9-30 and 5-7-50, the only public entities that may exercise directly the right of eminent domain without approval of the State Budget and Control Board are:
(1) the South Carolina Department of Transportation;
(2) the South Carolina Public Service Authority; and
(3) the Department of Commerce, Division of State Development.
(B) Notwithstanding another provision of law, this statute is intended to be the exclusive procedure governing which public entities may exercise the right of eminent domain without approval of the State Budget and Control Board or a county, town, or city council. /
Amend the bill further, by deleting SECTIONS 13 and 14 in their entireties.
Amend the bill further, SECTION 15, by deleting the SECTION in its entirety and inserting:
/ SECTION 15. Sections 28-2-360 and 28-2-370 are hereby repealed. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 3 (Doc Name COUNCIL\AGM\18153MM06), which was adopted:
Amend the bill, as and if amended, Section 28-3-20(3) as contained in SECTION 8, by deleting the following from item (3), which was adopted:
/ , Division of State Development /.
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 5 (Doc Name COUNCIL\NBD\12176MM06), which was adopted:
Amend the bill, as and if amended, Section 28-2-30(2A) as contained in SECTION 7, pages 4503-9 and 4503-10, by deleting line 43 on page 4503-9 and lines 1 through 4 on page 4503-10 and inserting:
/blighted area./
Amend the bill further, Section 31-7-30(1A) as contained in SECTION 9, page 4503-12, lines 11 through 32, by deleting lines 28 through 32 and inserting:
/a blighted area. If the power of eminent domain is exercised pursuant to this chapter to acquire blighted property as defined in this subsection, the property owner or a person having an interest in the property may be represented by counsel of his own selection and, if he prevails, is entitled to his reasonable attorney's fees, expenses, costs, and other disbursements."/
Amend the bill further, Section 6-33-30(1) as contained in SECTION 10, page 4503-13, lines 15 through 36, by deleting lines 32 through 36 and inserting:
/a blighted area. If the power of eminent domain is exercised pursuant to this chapter to acquire blighted property as defined in this subsection, the property owner or a person having an interest in the property may be represented by counsel of his own selection and, if he prevails, is entitled to his reasonable attorney's fees, expenses, costs, and other disbursements."/
Amend the bill further, Section 31-6-30(1) as contained in SECTION 11, pages 4503-14 and 4503-15, lines 39 through 43 and 1 through 7, by deleting lines 3 through 7 on page 4503-15 and inserting:
/power of eminent domain is exercised pursuant to this chapter to acquire blighted property as defined in this subsection, the property owner or a person having an interest in the property may be represented by counsel of his own selection and, if he prevails, is entitled to his reasonable attorney's fees, expenses, costs, and other disbursements./
Amend the bill further, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 28-2-510 of the 1976 Code is amended by adding at the end:
"(D) If the power of eminent domain is exercised pursuant to this chapter to acquire blighted property as defined in Section 28-2-30(2A), the property owner or a person having an interest in the property may be represented by counsel of his own selection and, if he prevails, is entitled to recover his costs and litigation expenses pursuant to this section."/
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 6 (Doc Name COUNCIL\AGM\18183MM06), which was adopted:
Amend the bill, as and if amended, Section 28-2-67(B) as found in SECTION 2, by deleting subsection (B) in its entirety and inserting:
/ (B) This section does not apply when condemned property is sold, leased, exchanged, transferred or otherwise conveyed by one condemnor to another condemnor who has eminent domain authority for the same public purpose or use. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. SCARBOROUGH proposed the following Amendment No. 7 (Doc Name COUNCIL\SWB\6736CM06), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 4 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. SCARBOROUGH explained the amendment.
Rep. HAGOOD spoke in favor of the amendment.
Rep. EDGE spoke against the amendment.
Rep. MCLEOD spoke in favor of the amendment.
Rep. SCARBOROUGH spoke in favor of the amendment.
Rep. HARDWICK spoke in favor of the amendment.
Rep. COATES spoke against the amendment.
Rep. DUNCAN spoke against the amendment.
Rep. EDGE moved to table the amendment.
Rep. HAGOOD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Barfield Battle Bingham Breeland J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Duncan Edge Frye Govan Haley Hamilton Hardwick Harrell Harrison Harvin Hayes J. Hines Hinson Hodges Howard Huggins Jefferson Leach Loftis Lucas Mack Mahaffey Martin McCraw McGee Merrill Mitchell Moody-Lawrence J. H. Neal Neilson Ott Owens Parks Perry E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scott Simrill Sinclair D. C. Smith F. N. Smith G. M. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Ballentine Bannister Bowers Brady Branham G. Brown R. Brown Coleman Cotty Emory Funderburk Hagood Herbkersman Hiott Hosey Jennings Kirsh Limehouse McLeod Miller J. M. Neal Norman Pinson Rivers Rutherford Scarborough Skelton G. R. Smith J. E. Smith Vick Weeks Whipper
So, the amendment was tabled.
Rep. J. E. SMITH proposed the following Amendment No. 10 (Doc Name COUNCIL\AGM\18162MM06), which was adopted:
Amend the bill, as and if amended, Section 28-4-30(C) as found in SECTION 4.A., by adding an appropriately numbered item at the end of subsection (C) to read:
/ (___) restricting or prohibiting an activity for the protection of a church or other religious institution. /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bannister Barfield Battle Breeland Cato Ceips Chalk Chellis Clark Clemmons Coates Cooper Cotty Dantzler Duncan Edge Frye Haley Hardwick Harrell Harrison Hinson Hiott Howard Loftis Mack Mahaffey McCraw McGee Merrill Norman Owens Perry E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Simrill Skelton D. C. Smith F. N. Smith G. R. Smith W. D. Smith Stewart Taylor Toole Townsend Umphlett Vaughn Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Allen Bales Ballentine Bingham Bowers Branham G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Davenport Delleney Emory Funderburk Govan Hagood Hamilton Harvin Haskins Hayes J. Hines Hodges Hosey Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Lucas Martin McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Pinson Rivers Rutherford Scarborough Scott Sinclair G. M. Smith J. E. Smith J. R. Smith Talley Thompson Vick Weeks Whipper Whitmire
So, the House refused to table the amendment.
The amendment was then adopted by a division vote of 60 to 45.
Rep. J. E. SMITH proposed the following Amendment No. 14 (Doc Name COUNCIL\AGM\18166MM06), which was tabled:
Amend the bill, as and if amended, Section 28-4-30(C) as found in SECTION 4.A., by adding an appropriately numbered item at the end of subsection (C) to read:
/ (___) restricting or prohibiting an activity for the protection of historic districts. /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. EDGE spoke against the amendment.
Rep. MERRILL spoke against the amendment.
Rep. HARRISON spoke against the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Bannister Barfield Battle Bingham Breeland J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Duncan Edge Frye Govan Haley Hamilton Hardwick Harrell Harrison Haskins Hayes J. Hines Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kirsh Leach Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee Merrill Mitchell Moody-Lawrence J. H. Neal Norman Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Walker Weeks White Witherspoon Young
Those who voted in the negative are:
Agnew Bowers R. Brown Coleman Emory Funderburk Hagood Limehouse McLeod Miller Neilson Rivers Rutherford Scarborough J. E. Smith Whipper
So, the amendment was tabled.
Rep. J. E. SMITH proposed the following Amendment No. 20 (Doc Name COUNCIL\AGM\18172MM06), which was tabled:
Amend the bill, as and if amended, Section 28-4-30(C) as found in SECTION 4.A., by adding an appropriately numbered item at the end of subsection (C) to read:
/ (___) restricting or prohibiting an activity affecting hog farms. /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. WITHERSPOON moved to table the amendment.
Rep. LUCAS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Barfield Battle Bingham Bowers Brady Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Dantzler Davenport Delleney Duncan Edge Frye Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Hinson Hiott Hodges Huggins Kirsh Leach Littlejohn Loftis Mahaffey Martin McCraw McGee Merrill Miller Mitchell Moody-Lawrence Norman Ott Owens Perry E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Toole Townsend Umphlett Vaughn Vick Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Ballentine Bannister Breeland J. Brown R. Brown Cotty Emory Hagood Harvin Herbkersman J. Hines Hosey Howard Jefferson Jennings Limehouse Lucas Mack McLeod J. H. Neal Parks Rivers Rutherford Scarborough Scott J. E. Smith Thompson Whipper
So, the amendment was tabled.
Reps. CATO, EDGE, SANDIFER, UMPHLETT and WITHERSPOON proposed the following Amendment No. 27 (Doc Name COUNCIL\AGM\18228MM06), which was adopted:
Amend the bill, as and if amended, Section 28-2-30(20) as found in SECTION 7, by deleting item (20) in its entirety and inserting:
/ (20) 'Public use' means a fixed, definite, and enforceable right of use by the public that requires possession, occupation, and enjoyment of the property by the public-at-large or by a public body. 'Public Use' includes uses by entities granted condemnation powers pursuant to Title 58 or Title 33. A use of property that creates a benefit to the public that is merely incidental, indirect, pretextual, or speculative does not constitute a public use. A mere public purpose or public benefit including, but not limited to, the purpose or benefit of economic development, does not constitute the requisite public use for property to be condemned by eminent domain." /
Amend the bill further, Section 28-2-35 found in SECTION 12 by adding a new subsection to read:
/ (C) The provisions of this section do not apply to entities granted condemnation powers pursuant to Title 33 or Title 58." /
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. RHOAD spoke in favor of the amendment.
Rep. COLEMAN spoke in favor of the amendment.
Rep. MERRILL spoke against the amendment.
Rep. EMORY spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. RUTHERFORD spoke against the amendment.
Rep. MERRILL moved to table the amendment.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bingham Ceips Hagood Haley Hardwick Harrell Limehouse Littlejohn Merrill Rutherford Scarborough Vaughn Whipper
Those who voted in the negative are:
Agnew Allen Bailey Bales Ballentine Bannister Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hamilton Harrison Harvin Hayes J. Hines Hinson Hiott Hodges Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts Rhoad Rice Rivers Sandifer Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vick Walker Weeks White Whitmire Witherspoon Young
So, the House refused to table the amendment.
The amendment was then adopted.
I had two funerals to attend today. Had I been present in the Chamber, I would have voted to adopt Rep. Cato's Amendment No. 27 to H. 4503.
Rep. Carl Anderson
Reps. HAGOOD and SCARBOROUGH proposed the following Amendment No. 28 (Doc Name COUNCIL\AGM\18238MM06), which was tabled:
Amend the bill, as and if amended, Section 28-4-30(C) as found in SECTION 4A, by adding an appropriately numbered item at the end to read:
/ (__) preserving or conserving historical, cultural, or natural resources./
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained the amendment.
Rep. HARRISON spoke against the amendment.
Rep. HARRISON moved to table the amendment.
Rep. HAGOOD demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 75 to 10.
Rep. J. E. SMITH proposed the following Amendment No. 29 (Doc Name COUNCIL\MS\1777AHB06), which was adopted:
Amend the bill, as and if amended, by deleting Section 28-4-50(B), page 4503-5, beginning on line 28, and inserting appropriately lettered subsections to read:
/ ( ) As a condition precedent to commencing an action for compensation, a property owner must submit a notice of claim and demand for pre-litigation mediation. The mediation must be conducted in accordance with South Carolina Circuit Court Alternative Dispute Resolution Rules and this section.
( ) The property owner or his representative, and any other person claiming an ownership interest in the property or his representative, must be notified and have the opportunity to attend the mediation. The governmental entity must be represented by at least one person for purposes of mediation.
( ) Within five working days of a successful mediation, the mediator must provide the parties with a signed copy of the written mediation agreement.
( ) Before the terms of a mediation settlement may take effect, the mediation settlement must be approved by the local legislative governing body in public session.
( ) Any land use or other change agreed to in mediation which affects existing law is effective only as to the real property which is the subject of the mediation, and a settlement agreement sets no precedent as to other parcels of real property.
( ) If mediation is not successful or if the mediated settlement is not approved by the local legislative governing body, a property owner must commence an action for compensation in the circuit court within thirty days of:
(1) the report of an impasse as provided in the South Carolina Circuit Court Alternative Dispute Resolution Rules; or
(2) the failure to approve the settlement by the local governing body. /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HARRISON spoke in favor of the amendment.
The amendment was then adopted.
Rep. J. E. SMITH proposed the following Amendment No. 30 (Doc Name COUNCIL\MS\7176AHB06), which was rejected:
Amend the bill, as and if amended, Section 28-4-30(C), page 4503-4, immediately after line 42, by adding an appropriately numbered item to read:
/ ( ) enacted prior to the effective date of this act. /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HARRISON spoke upon the amendment.
The amendment was then rejected.
Rep. J. E. SMITH proposed the following Amendment No. 32 (Doc Name COUNCIL\AGM\18235MM06), which was adopted:
Amend the bill, as and if amended, Section 28-2-30(2A) as found in SECTION 7, pages 4503-9 and 4503-10, by deleting item (2A) in its entirety and inserting:
/ "(2A) 'Blighted', when used in any section of the Code to describe real property or an area for eminent domain purposes, means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals, or welfare; except that an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the appropriate local governing body that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, a property owner or person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners pursuant to Section 28-2-510. /
Amend the bill further, by Section 31-7-30(1A) as found in SECTION 9, page 4503-12, by deleting item (1A) in its entirety and inserting:
/ (1A) 'Blighted' means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals, or welfare; except that an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the local governing body that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, the property owner or a person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners pursuant to Section 28-2-510." /
Amend the bill further, by Section 6-33-30(1A) as found in SECTION 10, page 4503-13, by deleting item (1A) in its entirety and inserting:
/ (1A) 'Blighted' means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals or welfare; except that an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the local governing body that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, the property owner or a person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners pursuant to Section 28-2-510." /
Amend the bill further, by Section 31-6-30(1) as found in SECTION 11, pages 4503-13, 4503-14, and 4503-15, by deleting item (1) in its entirety and inserting:
/ "(1) "Blighted area" means any improved or vacant area within the boundaries of a redevelopment project area located within the territorial limits of the municipality where:
(a) if improved, industrial, commercial, and residential buildings or improvements, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacancies; overcrowding of structures and community facilities; lack of necessary transportation infrastructure; presence of or potential environmental hazards; lack of water or wastewater services; inadequate electric, natural gas or other energy services; lack of modern communications infrastructure; lack of ventilation, light, sanitary or storm drainage facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; lack of community planning; and static or declining land values are detrimental to the public safety, health, morals, or welfare or;
(b) if vacant, the sound growth is impaired by:
(i) a combination of two or more of the following factors: obsolete platting of the vacant land; diversity of ownership of such land; tax and special assessment delinquencies on such land; deterioration of structures or site improvements in neighboring areas adjacent to the vacant land; overcrowding of structures and community facilities in neighboring areas adjacent to the vacant land; lack of necessary transportation infrastructure; presence of or potential environmental hazard; lack of water, or wastewater; lack of storm drainage facilities; inadequate electric and natural gas energy services; and lack of modern communications infrastructure; or
(ii) the area immediately prior to becoming vacant qualified as a blighted area. Any area within a redevelopment plan established by Chapter 10 of Title 31 is deemed to be a blighted area. 'Blighted' means an area or property in which there is a predominance of buildings or improvements, or which is predominantly residential in character, and which, by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; unsanitary or unsafe conditions; the existence of conditions that endanger life or property by fire and other causes; or any combination of these factors, substantially impairs the sound growth of the community; is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; and is detrimental to the public health, safety, morals, or welfare; except that an area must not be considered a blighted area or subject to the power of eminent domain, within the meaning of this chapter, unless it is determined by the local governing body that at least two-thirds of the number of buildings within the area are of the character described in this item and substantially contribute to the conditions making the area a blighted area. If the power of eminent domain is exercised pursuant to this chapter, the property owner or a person having an interest in the property may be represented by counsel of his own selection and his reasonable attorney's fees fixed by the court, taxed as a part of the costs, and paid by the petitioners pursuant to Section 28-2-510. /
Renumber sections to conform.
Amend title to conform.
Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.
Rep. EDGE proposed the following Amendment No. 36 (Doc Name COUNCIL\AGM\18236MM06), which was tabled:
Amend the bill, as and if amended, SECTION 4C as found on pages 4503-6 and 4503-7, by deleting SECTION 4C in its entirety and inserting:
/ C. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. If portion or portions of this act are declared invalid by a court of competent jurisdiction, the remaining portions of this act shall remain in full force and effect. If a public entity enforces a land use regulation enacted after 1994 which restricts the use of private real property or an interest in it and has the effect of reducing the fair market value of the property or an interest in it, the owner of the property must be paid just compensation for the loss in value." /
Renumber sections to conform.
Amend title to conform.
Rep. EDGE explained the amendment.
Rep. J. H. NEAL spoke in favor of the amendment.
Rep. RIVERS spoke against the amendment.
Rep. NORMAN spoke against the amendment.
Rep. HAGOOD spoke against the amendment.
Rep. J. H. NEAL spoke against the amendment.
Rep. J. H. NEAL moved to table the amendment, which was agreed to.
Rep. CEIPS proposed the following Amendment No. 38 (Doc Name COUNCIL\AGM\18240MM06), which was adopted:
Amend the bill, as and if amended, Section 28-4-30(C) as found in SECTION 4A, by adding an appropriately numbered item at the end to read:
/ (__) restricting or prohibiting an activity for the protection of a property that is listed in the National Register of Historic Places. /
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. CLEMMONS proposed the following Amendment No. 39 (Doc Name COUNCIL\MS\7180MM06), which was tabled:
Amend the bill, as and if amended, SECTION 12, by deleting SECTION 12 in its entirety and inserting:
/ SECTION 12. Chapter 2 of Title 28 is amended by adding:
"Section 28-2-35. (A) An action challenging a condemnor's right to condemn must be commenced in separate proceedings filed in the Court of Common Pleas in the county in which the property or a portion of it is located. The action must be commenced within thirty days after service of the Condemnation Notice upon the landowner. All proceedings under the Condemnation Notice are stayed automatically until the disposition of the action, unless the landowner and the condemnor consent otherwise. An issue involving the condemnor's right to condemn may not be heard in the trial upon the issue of just compensation.
(B) Notwithstanding another provision of law to the contrary, a public body's acquisition of private property through the exercise of eminent domain or condemnation must comply with, and a public body has the burden of proving by clear and convincing evidence, each of the following:
(1) a proposed condemnation is for a public use;
(2) the entity will own, operate, and retain control over the condemned property, except as may be permitted by Article I, Section 13 of the South Carolina Constitution; and
(3) the property that is the subject of the condemnation provides a necessary and direct benefit to the public at large. A benefit to the public that is merely incidental, indirect, pretextual, or speculative is not a public use." /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
Rep. COLEMAN spoke against the amendment.
Rep. COLEMAN moved to table the amendment.
Rep. CLEMMONS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 53 to 18.
Rep. CLEMMONS proposed the following Amendment No. 40 (Doc Name COUNCIL\AGM\18242MM06), which was adopted:
Amend the bill, as and if amended, Section 28-2-65(A) as found in SECTION 2, by adding at the end after / less / the words / unless otherwise required by federal law or regulation or unless a failure to receive the current appraised value would result in a loss of federal funding for a project / .
Amend the bill further, Section 28-2-65 as found in SECTION 2 by adding an appropriately lettered subsection to read:
/ (___) This section does not apply to property acquired to protect a future transportation corridor from development. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Ballentine Bannister Barfield Battle Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Govan Haley Hamilton Hardwick Harrell Harrison Harvin Haskins Hayes Herbkersman J. Hines Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Littlejohn Lucas Mack Mahaffey Martin McCraw McGee Merrill Miller Mitchell Moody-Lawrence J. H. Neal Neilson Norman Ott Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Emory Funderburk McLeod Rivers Rutherford J. E. Smith Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber during the vote on H. 4503. Had I been present, I would have voted in favor of the Bill.
Rep. J. M. Neal
I voted against H. 4503 because it fails to adequately protect the citizens of our State from development that would be inconsistent with the interests of a particular community. I did, however, support the portion of the Bill that attempted to tighten down the rules regarding the use of Eminent Domain power. In the end, the cons of the Bill outweighed the pros and so I voted against the Bill.
Rep. James E. Smith, Jr.
I voted in favor of H. 4502, the Resolution that provides for a constitutional amendment that will strengthen private property rights in South Carolina. While I wholeheartedly support the spirit of the companion Bill, H. 4503, as it strengthens private property rights by further restricting the practice of eminent domain, because of the inclusion of Section 4, regarding regulatory takings, I could not support the Bill. This section would pit the interests of one individual against the interests of an entire community. In most circumstances, zoning works to protect property values. When zoning issues come into question, local governments, the governments closest to the people, ought to have the opportunity to examine and act on a land use issue in the best interests of the community. Communities would have a difficult, if not impossible task of protecting what is valued most in its area, including its historical, cultural and natural resources. In addition, the Bill would impede public/private partnerships, negatively impacting economic development in South Carolina.
Rep. Laurie Slade Funderburk
Rep. Paul L. Agnew
Rep. Walton J. McLeod
Rep. TALLEY moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., March 15, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 137:
S. 137 (Word version) -- Senators Hayes and Elliott: A BILL TO AMEND SECTION 20-7-420 OF THE 1976 CODE, RELATING TO THE JURISDICTION OF THE FAMILY COURT, TO PROVIDE THAT THE FAMILY COURT MAY ORDER THAT CUSTODY OF A MINOR CHILD BE AWARDED TO THE CHILD'S DE FACTO CUSTODIAN UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 20-7-1540, TO DEFINE "DE FACTO CUSTODIAN" AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH CUSTODY OF A MINOR CHILD MAY BE AWARDED TO A DE FACTO CUSTODIAN.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 511 (Word version) -- Senator Richardson: A BILL TO AMEND SECTION 27-31-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF INSURANCE PROCEEDS TO RECONSTRUCT DAMAGED PROPERTY GOVERNED BY THE HORIZONTAL PROPERTY ACT, SO AS TO PROVIDE FOR REPAIR OR RECONSTRUCTION UPON A VOTE OF EIGHTY PERCENT OF THE CO-OWNERS, OR MORE, IF REQUIRED BY THE PROPERTY BYLAWS, AND TO PROVIDE, FURTHER, FOR DISTRIBUTION OF INSURANCE PROCEEDS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4532 (Word version) -- Reps. Coates, McGee and Townsend: A BILL TO AMEND SECTION 56-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE WHOLESALER AND DEALER LICENSES, SO AS TO INCREASE THE AMOUNT OF THE SURETY BOND AN APPLICANT FOR LICENSURE AS A WHOLESALER OR A DEALER MUST PROVIDE TO THE DEPARTMENT OF MOTOR VEHICLES AND TO INCREASE THE AGGREGATE LIABILITY OF THE SURETY FOR CLAIMS ON EACH BOND AND THE AMOUNT OF THE ACTUAL LOSS INCURRED.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1114 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-1-20 OF THE 1976 CODE, RELATING TO THE APPOINTMENT OF MEMBERS TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, TO PROVIDE THAT ONE MEMBER OF THE BOARD MUST BE A RESTRICTED OR SUPERVISED LENDER RECOMMENDED BY THE INDEPENDENT CONSUMER FINANCE ASSOCIATION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4427 (Word version) -- Reps. Cato, Harrell, Sandifer, Leach, Walker, Loftis, Bingham, Townsend, Simrill, Haley, Anthony, Littlejohn, Davenport, Clark, Taylor, Young, Vaughn, Witherspoon, Bailey, Barfield, Battle, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Duncan, Edge, Hamilton, Herbkersman, Hinson, Hiott, Huggins, Kirsh, McCraw, Norman, Owens, Perry, E. H. Pitts, Rice, Scarborough, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Tripp, White, Thompson, Mitchell, Bowers and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; BY ADDING SECTION 42-1-378 SO AS TO ELIMINATE CONCURRENT JURISDICTION BETWEEN THE SOUTH CAROLINA WORKERS' COMPENSATION ACT AND THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, OR ANY OF ITS EXTENSIONS, AND THE JONES ACT; BY ADDING SECTION 42-7-315 SO AS TO PROVIDE FOR THE ORDERLY DISSOLUTION OF THE SECOND INJURY FUND AND TO PROVIDE FOR SUBSEQUENT ACTIONS TO BE TAKEN BY THE BUDGET AND CONTROL BOARD RELATING TO THE WINDING DOWN OF OPERATIONS OF THE FUND; BY ADDING SECTION 42-15-85 SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS ON THE EMPLOYEE, AND TO PROVIDE HOW CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN, TO PROVIDE AN EXCEPTION, AND TO DEFINE "EXPERT WITNESS" FOR PURPOSES OF THIS SECTION; BY AMENDING SECTION 38-55-530, AS AMENDED, RELATING TO DEFINITIONS AS USED IN OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO FURTHER DEFINE "FALSE STATEMENT AND MISREPRESENTATION"; BY AMENDING SECTION 38-55-540, RELATING TO CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO PROVIDE REVISED CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS IN CONNECTION WITH AN INSURANCE TRANSACTION; BY AMENDING SECTION 38-55-560, RELATING TO THE INSURANCE FRAUD DIVISION BY THE OFFICE OF THE ATTORNEY GENERAL, SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT; BY AMENDING SECTION 42-1-160, AS AMENDED, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO FURTHER DEFINE THESE TERMS; BY AMENDING SECTION 42-1-360, RELATING TO EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO INCLUDE "PROFESSIONAL SPORTS TEAM PLAYER" IN THE EXEMPTION; BY AMENDING SECTION 42-3-20, RELATING TO THE MEMBERSHIP, TERMS OF OFFICE, VACANCIES, AND DUTIES OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO INCREASE THE COMMISSION'S MEMBERSHIP AND REVISE THE PROCEDURE FOR HEARING CONTESTED CASES; BY AMENDING SECTION 42-9-30, AS AMENDED, RELATING TO THE AMOUNT OF COMPENSATION AND THE PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR THE DEFINITION OF "PERMANENT MEDICAL IMPAIRMENT"; BY AMENDING SECTION 42-9-60, RELATING TO COMPENSATION THAT IS NOT ALLOWED WHEN INJURY OR DEATH IS CAUSED BY INTOXICATION OR WILFUL INTENTION OF EMPLOYEE, SO AS TO EXCLUDE FROM COVERAGE INJURIES CAUSED BY THE INFLUENCE OF ALCOHOL OR ILLEGAL DRUGS; BY AMENDING SECTION 42-9-360, AS AMENDED, RELATING TO THE ASSIGNMENTS OF COMPENSATION AND THE EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO MAKE CLAIMS FOR COMPENSATION NOT SUBJECT TO ASSIGNMENT; BY AMENDING SECTION 42-11-10, RELATING TO THE DEFINITION OF "OCCUPATIONAL DISEASE", SO AS TO FURTHER DEFINE THIS TERM; BY AMENDING SECTION 42-15-60, RELATING TO MEDICAL TREATMENT AND SUPPLIES BEING FURNISHED AND AN EMPLOYEE'S REFUSAL TO ACCEPT TREATMENT, SO AS TO PROVIDE FOR THE TERMINATION OF THE EMPLOYER'S OBLIGATION TO PROVIDE MEDICAL BENEFITS UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 42-15-80, RELATING TO PRIVILEGED INFORMATION COMMUNICATED AT EMPLOYEE EXAMINATIONS, SO AS TO PROVIDE THAT A PHYSICIAN, SURGEON, OR OTHER HEALTH CARE PROVIDER, WITHOUT THE PERMISSION OF THE EMPLOYEE, MAY DISCUSS AND COMMUNICATE AN EMPLOYEE'S MEDICAL HISTORY, DIAGNOSIS, CAUSATION, COURSE OF TREATMENT, PROGNOSIS, WORK RESTRICTIONS, AND IMPAIRMENTS WITH THE REPRESENTATIVE OF THE INSURANCE CARRIER, THE EMPLOYER, THE EMPLOYEE, THEIR ATTORNEY, THE REHABILITATION PROFESSIONAL, OR THE COMMISSION; BY AMENDING SECTION 42-15-90, RELATING TO FEES OF ATTORNEYS AND PHYSICIANS AND HOSPITAL CHARGES APPROVED BY THE COMMISSION, SO AS TO PROVIDE FOR THE ATTORNEY'S FEES FOR REPRESENTING AN EMPLOYEE BEFORE THE COMMISSION; BY AMENDING SECTION 42-15-95, AS AMENDED, RELATING TO WORKERS' COMPENSATION CLAIMS AND THE DISCLOSURE OF INFORMATION BY HEALTH CARE PROVIDERS, SO AS TO DEFINE "MEDICAL AND VOCATIONAL INFORMATION", TO PROVIDE THAT ALL MEDICAL AND VOCATIONAL INFORMATION INSTEAD OF ALL INFORMATION COMPILED BY A HEALTH CARE FACILITY OR PROVIDER BE PROVIDED WITHIN A CERTAIN TIME, AND TO PROVIDE THAT THE MANNER OF COMMUNICATION BETWEEN THE HEALTH CARE PROVIDER AND THE EMPLOYER IS NOT LIMITED IF THE INFORMATION IS RELATED TO A WORKERS' COMPENSATION CLAIM; AND BY AMENDING SECTION 42-17-90, RELATING TO THE REVIEW OF AN AWARD ON CHANGE OF A CONDITION, SO AS TO PROVIDE THAT IN OCCUPATIONAL DISEASE CASES, A REVIEW MUST NOT BE MADE AFTER TWELVE MONTHS FROM THE DATE OF THE LAST PAYMENT OF BENEFITS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4823 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO CONGRATULATE MS. JEAN BRIDGES OF LEXINGTON COUNTY ON WINNING THE JANE KENNEDY EXCELLENCE IN AGING AWARD, AND TO HONOR HER FOR THE POSITIVE IMPACT SHE HAS MADE ON THE SENIOR COMMUNITY OF WEST COLUMBIA AND SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 4824 (Word version) -- Rep. Viers: A CONCURRENT RESOLUTION REQUESTING THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA TO WORK TO ABOLISH THE DEATH TAX PERMANENTLY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4825 (Word version) -- Rep. Viers: A CONCURRENT RESOLUTION REQUESTING THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO REFORM THE UNITED STATES TAX CODE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4826 (Word version) -- Rep. Viers: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO RESTORE, PROTECT, AND ENHANCE INTELLECTUAL AND PHYSICAL PROPERTY RIGHTS IN PRESENT FEDERAL LAW, PENDING FEDERAL LEGISLATION, AND ALL TRADE AGREEMENTS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4827 (Word version) -- Rep. J. E. Smith: A CONCURRENT RESOLUTION TO ENCOURAGE PRIVATE HEALTH INSURANCE COMPANIES AND EMPLOYERS TO INCLUDE INSURANCE COVERAGE FOR THE SCREENING AND DETECTION OF COLORECTAL CANCER, AND TO ENCOURAGE ALL CITIZENS OF SOUTH CAROLINA TO BECOME BETTER EDUCATED ABOUT THE HEALTH BENEFITS AND HEALTH CARE COST BENEFITS OF EARLY CANCER DETECTION THROUGH COLORECTAL SCREENING.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4828 (Word version) -- Reps. Norman, Delleney, Kirsh, Lucas and Simrill: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE THE COMPORIUM GROUP OF ROCK HILL FOR ITS OUTSTANDING EFFORTS IN KEEPING THE WORKPLACE SAFE AND HEALTHY, AND TO CONGRATULATE THE COMPANY ON RECEIVING THE AMERICAN PSYCHOLOGICAL ASSOCIATION'S NATIONAL PSYCHOLOGICALLY HEALTHY WORKPLACE AWARD.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4829 (Word version) -- Reps. W. D. Smith, Cooper, Young and Merrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ENACTING THE INSURANCE SERVICES CONSOLIDATION AND EFFICIENCY ACT BY ADDING SECTION 1-11-150 SO AS TO ESTABLISH THE STATE ACCIDENT FUND WITHIN THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTIONS 42-7-10, 42-7-20, AND 42-7-30, ALL AS AMENDED, AND ALL RELATING TO THE ESTABLISHMENT, ADMINISTRATION, AND LEGAL REPRESENTATION OF THE STATE ACCIDENT FUND, SO AS TO CONFORM THOSE MATTERS TO ITS NEW STATUS UNDER THE STATE BUDGET AND CONTROL BOARD AND TO DELETE OBSOLETE PROVISIONS, TO DIRECT THE STATE BUDGET AND CONTROL BOARD TO COMPLETE A STUDY BEFORE JULY 1, 2007, TO DETERMINE IF THE BEST INTERESTS OF THE STATE ARE SERVED BY CONTRACTING OUT THE ADMINISTRATION OF THE STATE ACCIDENT FUND AND TO AUTHORIZE THAT PROCESS BY MEANS OF COMPETITIVE BIDDING IF THE STUDY REACHES THAT CONCLUSION, TO PROVIDE THAT THE TRANSFER OF THE STATE ACCIDENT FUND TO THE STATE BUDGET AND CONTROL BOARD TAKES EFFECT JULY 1, 2006, AND TO PROVIDE FOR THIS TRANSITION.
Referred to Committee on Ways and Means
H. 4830 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 16-15-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSEMINATING, PROCURING, OR PROMOTING OBSCENITY, SO AS TO ADD THE DISSEMINATION, PROCUREMENT, AND PROMOTION OF SEXUAL DEVICES TO THE DELINEATED OBSCENITY OFFENSES.
Referred to Committee on Judiciary
H. 4831 (Word version) -- Reps. Cobb-Hunter, Young and Simrill: A BILL TO AMEND SECTION 43-1-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DOMESTIC VIOLENCE COORDINATING COUNCILS AND THEIR PURPOSE, MEMBERSHIP, AND DUTIES, SO AS TO PROVIDE THAT THE CIRCUIT SOLICITOR, RATHER THAN THE DEPARTMENT OF SOCIAL SERVICES, SHALL FACILITATE THE DEVELOPMENT OF THESE COUNCILS IN EACH COUNTY OR JUDICIAL CIRCUIT, TO ADD A REPRESENTATIVE OF THE DEPARTMENT OF SOCIAL SERVICES TO THE RECOMMENDED PARTICIPANTS ON THE COUNCILS, AND TO PROVIDE THAT MEMBERS ON SUCH COUNCILS SHALL ESTABLISH MEMORANDA OF AGREEMENT AMONG AND BETWEEN THESE MEMBERS.
Referred to Committee on Judiciary
H. 4832 (Word version) -- Rep. Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-67 SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY MAY NOT FILE MORE THAN SIX BILLS DURING ANY REGULAR SESSION OF THE GENERAL ASSEMBLY INCLUDING ANY EXTENSIONS, SPECIAL, OR EXTRAORDINARY SESSIONS OCCURRING DURING THAT YEAR, AND TO PROVIDE EXCEPTIONS.
Rep. RICE asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SKELTON objected.
Referred to Committee on Judiciary
H. 4833 (Word version) -- Reps. Sinclair, Harrison, J. E. Smith, Norman, Talley, Edge, Ceips, McCraw and Rivers: A BILL TO AMEND SECTION 30-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT NO CHANCE MEETING MAY BE USED TO DISCUSS A MATTER WITHIN THE JURISDICTION OF A PUBLIC BODY.
Referred to Committee on Judiciary
H. 4834 (Word version) -- Reps. Sinclair, Harrison, J. E. Smith, Norman, Talley, Edge, Ceips, McCraw and Rivers: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES FOR COPYING THOSE RECORDS, SO AS TO PROVIDE THAT THE CHARGE MADE BY A PUBLIC BODY FOR COPIES OF PUBLIC RECORDS MAY NOT EXCEED CERTAIN SPECIFIED AMOUNTS.
Referred to Committee on Judiciary
H. 4835 (Word version) -- Reps. Sinclair, Harrison, J. E. Smith, Norman, Talley, Edge, Ceips, McCraw and Rivers: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT A REQUEST MUST BE ANSWERED WITHIN THREE DAYS OF RECEIPT, AND TO PROVIDE THAT WHEN A REQUEST IS GRANTED THE DOCUMENTS MUST BE MADE AVAILABLE IMMEDIATELY.
Referred to Committee on Judiciary
H. 4836 (Word version) -- Reps. Sinclair, Harrison, J. E. Smith, Norman, Talley, Edge, Ceips, McCraw and Rivers: A BILL TO AMEND SECTION 30-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC PURSUANT TO THE FREEDOM OF INFORMATION ACT, SO AS TO REQUIRE THAT A PUBLIC BODY HOLDING A MEETING CLOSED TO THE PUBLIC PREPARE AND ATTACH TO THE MINUTES OF THE MEETING AN AFFIDAVIT IDENTIFYING THE SPECIFIC PURPOSE OR PURPOSES OF THE CLOSED MEETING AND CERTIFYING THAT NO OTHER TOPICS WERE DISCUSSED NOR WAS ANY ACTION TAKEN IN THE CLOSED MEETING, AND TO AUTHORIZE THE PRESIDING OFFICIAL TO ADMINISTER OATHS FOR THE PURPOSE OF EXECUTING THE AFFIDAVIT REQUIRED; AND TO AMEND SECTION 30-4-90, AS AMENDED, RELATING TO THE MINUTES OF A MEETING HELD PURSUANT TO THE FREEDOM OF INFORMATION ACT, SO AS TO INCLUDE THE REQUIREMENT OF AN AFFIDAVIT PROVIDED PURSUANT TO THE PROVISIONS OF SECTION 30-4-70.
Referred to Committee on Judiciary
H. 4837 (Word version) -- Reps. Duncan, M. A. Pitts, Umphlett, Haley, Toole, Agnew, Bailey, Clyburn, Hardwick, Herbkersman, Hiott, Hosey, Huggins, Leach, Littlejohn, McGee, Merrill, Ott, Phillips, Simrill, Taylor and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-25 SO AS TO PROVIDE FOR THE LAWFUL STORAGE AND TRANSPORTATION OF FIREARMS IN A LOCKED VEHICLE LOCATED IN CERTAIN AREAS, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION, TO PROVIDE THAT CERTAIN PERSONS ARE NOT LIABLE IN A CIVIL ACTION FOR CERTAIN INCIDENTS THAT RESULT FROM THE USE OF A FIREARM THAT IS BEING LAWFULLY TRANSPORTED AND STORED IN A MOTOR VEHICLE PURSUANT TO THIS SECTION, TO PROVIDE THAT A PERSON WHO IS INJURED AS A RESULT OF CERTAIN POLICIES OR RULES PROHIBITED BY THIS SECTION MAY BRING A CIVIL ACTION UNDER CERTAIN CIRCUMSTANCES AND OBTAIN CERTAIN REMEDIES, TO PROVIDE A DEFINITION FOR THE TERM "MOTOR VEHICLE", AND TO ESTABLISH THE INTENT OF THIS PROVISION; AND BY ADDING SECTION 23-31-221 SO AS TO PROVIDE THAT NOTHING CONTAINED IN PROVISIONS THAT PROVIDE FOR THE ISSUANCE OF CONCEALED WEAPON FORM PERMITS PROHIBITS A PERSON WHO POSSESSES A PERMIT FROM PARKING A MOTOR VEHICLE IN CERTAIN AREAS WHEN THE PERSON IS LAWFULLY TRANSPORTING AND STORING A FIREARM IN THE MOTOR VEHICLE, AND TO PROVIDE PENALTIES FOR A VIOLATION OF THIS PROVISION.
Referred to Committee on Judiciary
H. 4838 (Word version) -- Reps. Cato, Duncan, Coleman, Martin, Altman, Anderson, Anthony, Breeland, G. Brown, R. Brown, Ceips, Clark, Cobb-Hunter, Emory, Haskins, J. Hines, M. Hines, Hiott, Hodges, Hosey, Howard, Mack, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, Ott, M. A. Pitts, Sinclair, F. N. Smith, G. M. Smith, Tripp, Umphlett, Vick, Weeks, Witherspoon and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 40 SO AS TO ENACT THE "DENTAL HYGIENE PRACTICE ACT" PROVIDING FOR THE LICENSURE AND REGULATION OF DENTAL HYGIENISTS BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION THROUGH THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD AND, AMONG OTHER THINGS, TO CREATE THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD AND TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO ESTABLISH THE SCOPE OF PRACTICE FOR DENTAL HYGIENISTS; TO ESTABLISH FEES AND QUALIFICATIONS FOR LICENSURE AND COLLABORATIVE DENTAL HYGIENE PRACTICE; TO ESTABLISH PROCEDURES FOR INVESTIGATING COMPLAINTS AND THE AUTHORITY OF THE BOARD TO CONDUCT HEARINGS; TO ESTABLISH ACTS THAT CONSTITUTE MISCONDUCT AND TO PROVIDE SANCTIONS AND PENALTIES THAT MAY BE IMPOSED FOR MISCONDUCT; TO AMEND SECTIONS 1-30-65 AND 40-1-40, BOTH RELATING TO PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE AUTHORITY OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, SO AS TO ADD THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD; TO AMEND SECTIONS 40-15-10, 40-15-20, AND 40-15-40, SECTIONS 40-15-85, 40-15-105, AND 40-15-110, ALL AS AMENDED, SECTIONS 40-15-120, 40-15-135, 40-15-140, 40-15-170, 40-15-177, 40-15-180, 40-15-190, 40-15-200, 40-15-212, 40-15-215, 40-15-300, AND 40-15-320, ALL RELATING TO LICENSURE AND REGULATION OF DENTAL HYGIENISTS UNDER THE AUSPICES OF THE STATE DENTAL BOARD, SO AS TO AMEND THESE PROVISIONS TO CONFORM WITH THE PROVISIONS OF CHAPTER 16, TITLE 40, AS ADDED BY THIS ACT; TO PROVIDE THAT CURRENT LICENSES OF DENTAL HYGIENISTS CONTINUE IN EFFECT UNTIL THE LICENSE EXPIRES, AT WHICH TIME THE LICENSE MUST BE ISSUED BY THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD AS PROVIDED FOR IN THIS ACT; AND TO PROVIDE THAT REGULATIONS OF THE STATE BOARD OF DENTISTRY THAT PERTAIN TO DENTAL HYGIENISTS AND DENTAL HYGIENE PRACTICE, NOT COVERED IN THIS ACT, REMAIN IN EFFECT UNTIL THE DENTAL HYGIENE ADVISORY/DISCIPLINARY BOARD PROMULGATES SUCH REGULATIONS; TO RENAME CHAPTER 15, TITLE 40 "DENTISTS AND DENTAL TECHNICIANS"; AND TO REPEAL SECTIONS 40-15-80, 40-15-82, AND 40-15-102, ALL RELATING TO THE LICENSURE AND REGULATION OF DENTAL HYGIENISTS UNDER THE AUSPICES OF THE STATE DENTAL BOARD.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4839 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING SECTION 12-4-780, RELATING TO ACCEPTANCE BY THE DEPARTMENT OF REVENUE OF PAYMENT OF TAXES BY CREDIT CARD, TO SECTION 12-4-395, SO AS TO CORRECTLY REFLECT IT AS A GENERAL POWER OF THE DEPARTMENT.
Referred to Committee on Ways and Means
H. 4840 (Word version) -- Reps. Harrell, Cooper, Merrill, Ott, Haley, Funderburk, J. R. Smith, Limehouse, Davenport, Bales, Sinclair, Leach, Branham, Kirsh, Bannister, Battle, R. Brown, Cato, Ceips, Clark, Hosey, Littlejohn, Martin, Miller, Neilson, M. A. Pitts, Rivers, D. C. Smith, G. R. Smith and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "INDUSTRY PARTNERS ACT" BY ADDING SECTION 13-17-88, PROVIDING FOR A TARGET PROGRAM OF EXCELLENCE WITHIN EACH OF THE THREE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AND TO FOCUS ON THE APPLICATION, DEVELOPMENT, AND COMMERCIALIZATION OF THE BASIC RESEARCH BEING UNDERTAKEN BY THE CENTERS, FOR FUNDING OF THE PROGRAMS WITH A VIEW TOWARD ATTRACTING INDUSTRY PARTNERS IN THEIR EFFORTS, FOR AN INDUSTRY PARTNERSHIP FUND OFFERING TAX CREDITS TO CONTRIBUTORS TOWARD THE EFFORTS, AND ADMINISTRATION AND IMPLEMENTATION BY THE SOUTH CAROLINA RESEARCH AUTHORITY; BY ADDING SECTION 12-6-3585 SO AS TO PROVIDE FOR THE PARAMETERS OF THE STATE INCOME TAX, INSURANCE PREMIUM TAX, OR LICENSE FEE CREDIT FOR CONTRIBUTIONS TO THE INDUSTRY PARTNERSHIP FUND; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO MEMBERS OF THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO ADD THE DIRECTOR OF THE SAVANNAH RIVER NATIONAL LABORATORY TO THE BOARD AND TO PROVIDE FOR AN EXECUTIVE COMMITTEE AND DIRECTOR; TO AMEND SECTION 13-17-83, RELATING TO THE OPERATION OF EXISTING RESEARCH PARKS SO AS TO ALLOW, BUT NOT REQUIRE, THE STATE RESEARCH DIVISION TO OPERATE THEM; AND TO AMEND SECTION 13-17-87, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS, SO AS TO AUTHORIZE THE SCRIC TO FINANCE QUALIFIED COMPANIES, AND TO CLARIFY MATTERS OF LOCATION OF CENTERS AND APPOINTMENT OF DIRECTORS.
Referred to Committee on Ways and Means
H. 4841 (Word version) -- Reps. McLeod, Jennings, Allen, Haskins, Rivers, Sinclair, G. M. Smith, J. E. Smith and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "JUDICIAL ENHANCEMENT ACT OF 2006", BY ADDING SECTION 14-17-380 SO AS TO DIRECT EACH COUNTY CLERK OF COURT TO REPORT CERTAIN INFORMATION TO COURT ADMINISTRATION REGARDING INDICTMENTS; BY ADDING ARTICLE 3 TO CHAPTER 27, TITLE 15 SO AS TO PROVIDE A PROCEDURE FOR THE ASSIGNMENT OF A SINGLE CIRCUIT COURT JUDGE TO COMPLEX CIVIL ACTIONS; BY ADDING SECTION 20-7-405 SO AS TO EMPOWER A FAMILY COURT JUDGE TO APPOINT A HEARING OFFICER TO HEAR MATTERS INSTITUTED IN THE FAMILY COURT; BY ADDING SECTION 20-7-425 SO AS TO PROVIDE FACTORS FOR THE FAMILY COURT TO CONSIDER WHEN DETERMINING ATTORNEY'S FEES; TO AMEND SECTION 8-21-1010, AS AMENDED, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE IN ALL CIVIL ACTIONS, FOR ISSUING A SUMMONS AND COPY FOR THE DEFENDANT, AND FOR FILING JUDGMENT WITH OR WITHOUT A HEARING FROM FORTY-FIVE DOLLARS TO ONE HUNDRED TWENTY DOLLARS; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO THE DIVISION OF THE STATE INTO JUDICIAL CIRCUITS, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 17-27-70, RELATING TO POST-CONVICTION RELIEF PROCEDURES, SO AS TO REVISE THE PROCEDURE FOR JUDICIAL REVIEW OF POST-CONVICTION RELIEF FILINGS TO INCLUDE THE ISSUANCE OF A CERTIFICATE OF PROBABLE CAUSE; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO FAMILY COURT JUDICIAL CIRCUITS, SO AS TO INCREASE BY ONE THE NUMBER OF JUDGES IN THE FIFTH, SEVENTH, AND SIXTEENTH CIRCUITS; TO AMEND SECTION 22-3-10, AS AMENDED, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES COURTS, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO FIFTEEN THOUSAND DOLLARS; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATES COURT, SO AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE THAT A CASE MAY BE TRANSFERRED TO MAGISTRATES COURT IF THE PENALTY FOR THE CRIME DOES NOT EXCEED ONE YEAR OR IS A CRIME CLASSIFIED AS A MISDEMEANOR; AND TO AMEND SECTION 24-13-150, RELATING TO SERVICE OF A SENTENCE BY A PERSON WHO COMMITS A "NO PAROLE OFFENSE", SO AS TO ALLOW THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO FURTHER REDUCE AN OFFENDER'S SENTENCE BELOW THE MANDATED EIGHTY-FIVE PERCENT REQUIREMENT DOWN TO SEVENTY-FIVE PERCENT UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary
H. 4842 (Word version) -- Reps. McLeod, Jennings, Allen, Haskins, Rivers, Sinclair, G. M. Smith, J. E. Smith and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "JUDICIAL CANDIDATES ELECTION ACT OF 2006", TO AMEND SECTION 2-19-70, RELATING TO PROCEDURES FOR THE ELECTION OF JUDICIAL CANDIDATES, SO AS TO PROVIDE THAT MEMBERS OF THE GENERAL ASSEMBLY ARE NOT INELIGIBLE TO BE ELECTED TO A JUDICIAL OFFICE ELECTED AT-LARGE; AND TO REPEAL SECTION 1-23-525, RELATING TO ADMINISTRATIVE LAW JUDGES.
Referred to Committee on Judiciary
H. 4843 (Word version) -- Rep. Viers: A BILL TO AMEND SECTION 57-3-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMING OF A HIGHWAY FACILITY BY AN ACT OR A RESOLUTION OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT A HIGHWAY FACILITY MAY NOT BE NAMED IN HONOR OF AN INDIVIDUAL WHO HAS BEEN SUSPENDED OR DISBARRED FROM THE PRACTICE OF LAW, AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST REMOVE THE NAME OF AN INDIVIDUAL FROM A HIGHWAY FACILITY IF THE INDIVIDUAL SUBSEQUENTLY IS SUSPENDED OR DISBARRED FROM THE PRACTICE OF LAW.
Referred to Committee on Education and Public Works
H. 4844 (Word version) -- Reps. Clyburn, Merrill, Limehouse, Hosey, Hodges, Whipper, Agnew, Breeland, R. Brown, J. Hines, Jefferson, Leach, Moody-Lawrence, J. H. Neal, J. E. Smith and Bannister: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3910 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A DRIVER OR OCCUPANT OF A MOTOR VEHICLE TO SMOKE A TOBACCO PRODUCT WHILE A CHILD OF PRESCHOOL AGE IS ALSO AN OCCUPANT OF THE MOTOR VEHICLE, AND TO PROVIDE A PENALTY.
Referred to Committee on Education and Public Works
H. 4845 (Word version) -- Reps. McCraw, Whipper, Moody-Lawrence, Hosey, Hodges, Anthony, Bales, Breeland, J. Brown, Clyburn, Coleman, Emory, Harvin, Hayes, J. Hines, Jefferson, McGee, McLeod, Miller, J. H. Neal, Neilson, Perry, Phillips, Rhoad, Rivers, Scott, F. N. Smith and J. R. Smith: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 99 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE A "PUBLIC EMPLOYEE" SPECIAL LICENSE PLATE AND TO PROVIDE FOR THE DISTRIBUTION OF A PORTION OF THE FEE COLLECTED FOR THIS SPECIAL LICENSE PLATE FOR THE ANNIE AGNEW SCHOLARSHIP PROGRAM OF THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION.
Referred to Committee on Education and Public Works
H. 4846 (Word version) -- Reps. Vaughn, Owens, Loftis, Walker, Mahaffey, Davenport, Leach, Bales, Cotty, Merrill, Bannister, Bingham, Cato, Chalk, Clemmons, Cooper, Hamilton, Hardwick, Hiott, Limehouse, Littlejohn, Martin, Neilson, M. A. Pitts, Rice, Simrill, D. C. Smith, G. R. Smith, Townsend and Witherspoon: A BILL TO AMEND CHAPTER 117, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-117-15 SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA MUST BE COMPOSED OF SIXTEEN MEMBERS TO BE ELECTED BY THE GENERAL ASSEMBLY FROM THE CONGRESSIONAL DISTRICTS OF THE STATE AND THE STATE AT LARGE, ONE MEMBER TO BE APPOINTED BY THE GOVERNOR AND TO NUMBER THE SEATS, PROVIDE THE TERMS, AND PROVIDE FOR VACANCIES; AND TO REPEAL SECTIONS 59-117-10, 59-117-20, AND 59-117-30, ALL RELATING TO THE UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES.
Referred to Committee on Education and Public Works
H. 4847 (Word version) -- Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon: A BILL TO AMEND SECTION 16-17-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELLING TICKETS TO AN ATHLETIC CONTEST, SPORTING, ENTERTAINMENT, OR AMUSEMENT EVENT FOR MORE THAN THE PRESCRIBED AMOUNT, SO AS TO PROVIDE AN EXCEPTION FOR THE SALE OR OFFER FOR SALE OF A TICKET WHEN AUTHORIZED BY AN OPERATOR OF THE EVENT OR THE VENUE.
Referred to Committee on Judiciary
H. 4848 (Word version) -- Reps. Scott, Govan, Moody-Lawrence, Clyburn, Whipper, Mitchell, Mack, Rutherford, Agnew, Allen, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Coates, Coleman, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Funderburk, Hagood, Hamilton, Hardwick, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Leach, Limehouse, Littlejohn, Loftis, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, M. A. Pitts, Rhoad, Rice, Rivers, Sandifer, Scarborough, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Talley, Taylor, Thompson, Townsend, Tripp, Vaughn, Vick, Walker, Weeks, Whitmire and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 127, TITLE 59 SO AS TO PROVIDE FOR AN ENDOWMENT FUND TO BE FUNDED FROM APPROPRIATIONS FROM THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT FOR THE PURPOSE OF PROVIDING MATCHING FUNDS TO SOUTH CAROLINA STATE UNIVERSITY TO CREATE AN ENDOWED PROFESSORSHIP.
Referred to Committee on Education and Public Works
Rep. LEACH moved that the House do now adjourn, which was agreed to.
Rep. HARRISON moved to reconsider the vote whereby H. 4502 (Word version), as amended, was given a second reading and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 4796 (Word version) -- Reps. Cobb-Hunter, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE BEAVER CREEK INDIANS ON RECEIVING THE HIGHEST HONOR OF BEING GRANTED RECOGNITION AS A "TRIBE" BY THE BOARD OF THE SOUTH CAROLINA COMMISSION ON MINORITY AFFAIRS.
H. 4797 (Word version) -- Reps. Cobb-Hunter, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SANTEE INDIAN ORGANIZATION ON RECEIVING THE HIGHEST HONOR OF BEING GRANTED RECOGNITION AS A "TRIBE" BY THE BOARD OF THE SOUTH CAROLINA COMMISSION ON MINORITY AFFAIRS.
H. 4799 (Word version) -- Reps. Branham, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE CHALOKLOWA CHICKASAW INDIAN PEOPLE ON RECEIVING THE DISTINGUISHED HONOR OF BEING GRANTED RECOGNITION AS A "GROUP" BY THE BOARD OF THE SOUTH CAROLINA COMMISSION ON MINORITY AFFAIRS.
H. 4807 (Word version) -- Reps. Ballentine, Leach, Hamilton, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND COMMEND MITSY BALLENTINE, THE BELOVED MOTHER OF OUR ESTEEMED COLLEAGUE, REPRESENTATIVE NATHAN BALLENTINE, FOR HER OUTSTANDING SERVICE FOR OVER THIRTY YEARS TO GREENVILLE TECHNICAL COLLEGE UPON HER RETIREMENT AND TO WISH HER THE BEST OF HEALTH AND MUCH HAPPINESS IN HER RETIREMENT AS SHE ENJOYS MORE TIME WITH HER ADORED GRANDCHILDREN SARAH, J. C., AND EMMA.
H. 4815 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE PEE DEE INDIAN TRIBE ON RECEIVING THE HIGHEST HONOR OF BEING GRANTED RECOGNITION AS A "TRIBE" BY THE BOARD OF THE SOUTH CAROLINA COMMISSION ON MINORITY AFFAIRS.
H. 4818 (Word version) -- Reps. Harrell, Altman, Breeland, R. Brown, Chellis, Dantzler, Hagood, Limehouse, Mack, Merrill, Miller, Scarborough, Whipper and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE WEST ASHLEY HIGH SCHOOL VOLLEYBALL TEAM OF CHARLESTON COUNTY ON ITS IMPRESSIVE STATE AAAA VOLLEYBALL CHAMPIONSHIP TITLE, AND TO HONOR ITS PLAYERS AND THEIR COACH, CHRISTY JICKLING, ON AN EXTRAORDINARY SEASON.
H. 4819 (Word version) -- Reps. J. E. Smith, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEMORATE THOSE INVOLVED IN THE LANDMARK SOUTH CAROLINA CASE, BRIGGS V. ELLIOTT, FOR THEIR COURAGE AND COMMITMENT TO JUSTICE IN CHALLENGING THE CONSTITUTIONALITY OF "SEPARATE BUT EQUAL" EDUCATION AND TO RECOGNIZE THEM FOR THEIR HEROIC CONTRIBUTIONS TO EDUCATIONAL EQUALITY AND OPPORTUNITY FOR ALL SOUTH CAROLINIANS.
At 6:17 p.m. the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of William "Bill" Armstrong of Clover, to meet at 10:00 a.m. tomorrow.
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