Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
We read in Leviticus that:
"The Lord said to Moses, 'Command the Israelites to bring you clear oil of pressed olives for the light so that the lamps may be kept burning continually'." (Leviticus 24:1-2)
On this National Day of Prayer, friends, please bow with me:
O God, keeping oil lamps burning is not our concern, as it was for Moses and the people of old. But our charge here in this Senate, Lord, is to keep the lights of hope, of well-being, and of promise-for-the-future burning brightly throughout South Carolina for all of our people.
Dear Lord, guide these Senators as they seek to do just that, promoting the best in educational and employment opportunities for everyone here in our State. And keep the flame of hope burning boldly for our service women and men everywhere, as well as for all those other women and men in positions of leadership throughout South Carolina. In Your loving name we pray, Lord.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Reappointment, Newberry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Ronald C. Halfacre, 1810 Harper Street, Newberry, S.C. 29108
Reappointment, Newberry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Arthur L. Jayroe, Jr., P. O. Box 95, 421 Pomaria Street, Little Mountain, S.C. 29075
Reappointment, Newberry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Gordon B. Johnson, 1916 Harrington Street, Newberry, S.C. 29108
Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
James E. Doster, Jr., P. O. Box 416, Hemingway, S.C. 29554
Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Delores Franklin Williams, 4804 Nesmith Road, Nesmith, S.C. 29580
Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2005, and to expire June 30, 2009
At-Large - Chairman:
Paul "Bo" C. Aughtry III, 412 Crescent Ave., Greenville, S.C. 29605 VICE Edwin Cooper
Referred to the Committee on Medical Affairs.
Reappointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2007, and to expire June 30, 2014
1st Congressional District:
Edwin H. Cooper III, 1319 Cove Ave., Sullivans Island, S.C. 29482
Referred to the Committee on Medical Affairs.
Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2005, and to expire June 30, 2009
4th Congressional District:
Michael David Mitchell, Orthopaedic Associates, 1330 Boiling Springs Rd., Suite 1600, Spartanburg, S.C. 29303 VICE Paul Aughtry
Referred to the Committee on Medical Affairs.
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
With regret, I am hereby vetoing and returning without my approval S. 451 (Word version), R-29.
I say this because I have grown to have a great deal of respect and admiration for Senator Courson, who was very deliberate in his work in putting this bill together.
This legislation would allow Clemson University and the University of South Carolina to raise the debt ceiling from $60 million to $200 million for athletic facilities.
Both universities are to be commended in their efforts to better prepare our young people for a brighter future. Their athletic programs are also an important part of college and the extracurricular activities for their students. To this end, we have previously signed legislation for both schools that would increase the bonding capacity for athletic facilities.
However, I believe at some point we have to stop and look closely at the likely long-term effects of this type of legislation, and this veto represents this stopping point for our administration. Specifically, I am concerned that this type of legislation may ultimately lead to increasing both the tuition burden for students and the debt across the State they will one day inherit.
First, since taking office, I have advocated for a more coordinated higher education system so that we can better utilize the money in our education system - and therefore make it more affordable. Our concern has been timely given a recent rating of state higher education systems ranked South Carolina as an "F" regarding our state's affordability. Having a post-secondary program will serve little purpose if our children cannot afford to participate.
Since 1990, South Carolina's in-state tuition at public schools has increased 244 percent. Last year, the Higher Education Pricing Index increased only 3.5 percent, while the average tuition for public four-year universities increased 12 percent - making us the highest among all Southeastern states for in-state tuition. South Carolina also spends the second-highest amount on higher education as a percent of our budget among Southeastern states. Nationwide, only six states dedicate a greater percentage of their budget to higher education than South Carolina. Yet, South Carolina's in-state tuition is double that of Florida, Georgia, and North Carolina - three states that dedicate a smaller portion of their budgets to higher education. There are affordability problems for our students, and we believe it is important to be cautious of any changes that could, in any way, add to this problem.
This piece of legislation is tied to tuition cost, in this way - academic fees have been increased to cover the cost of athletic bonds. Though I understand this is not the current intent of either administration, it must be recognized that the University of South Carolina already depends on their students to help pay for the debt of athletic facilities by charging each student $34 per semester. Given this bill would increase debt levels several fold - I am concerned if there were disruptions to the anticipated athletic revenue stream this could precipitate several fold increases in these student fees. Many would argue these fees are de facto tuition payments given that student attendance is not possible without these student fees.
Second, we believe our State is headed in the wrong direction regarding our amount of outstanding debt. In recent years, this problem has only gotten worse:
State retiree benefits are under funded and amount to an $18 billion liability.
From 1997 to 2005, South Carolina's state tax supported debt increased 142 percent, from $1.16 billion to around $2.81 billion, making South Carolina's debt expansion the 14th fastest in the nation.
South Carolina has more state debt per person than any other Southeastern state at $3,100 - which is 72 percent greater than the Southeastern average.
Clemson University and the University of South Carolina already have $42 million and $107 million respectively in outstanding debt tied to tuition.
Given the substantial nature of these existing promises it is our contention that we ought to address these financial liabilities first - before creating new ones. Past borrowing practices have created significant debts that will ultimately be borne by today's students. At some point, we have to take a hard look at where we draw the line in total indebtedness, and this bill is timely in the way it has forced our administration to take another look at the total debts of this State.
For these reasons, I am vetoing S. 451, R-29, and returning it without my approval.
Sincerely,
/s/ Mark Sanford
cc: The Honorable John E. Courson
(R29, S451 (Word version)) -- Senators Courson, Setzler, Leatherman and Alexander: AN ACT TO AMEND SECTION 59-119-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS; AND TO AMEND SECTION 9 OF ACT 518 OF 1980, AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS.
The veto of the Governor was taken up for immediate consideration.
Senator COURSON moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Drummond Elliott Fair Ford Grooms Hawkins Hayes Hutto Jackson Land Leatherman Leventis Lourie Malloy Martin Matthews McGill Moore Patterson Peeler Pinckney Rankin Reese Ritchie Setzler Vaughn Verdin Williams
Bryant Campsen Knotts McConnell
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 3, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.39, H. 3964 by a vote of 91 to 0:
(R. 39, H. 3964 (Word version)) -- Reps. Duncan, Loftis, G.R. Smith, Hinson, Crawford, Lowe, Bedingfield, Barfield, Chellis, Clemmons, Delleney, Hardwick, Hiott, Merrill, Scarborough, Witherspoon, Rice and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-250 SO AS TO PROVIDE THAT A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT MAY CARRY A CONCEALABLE WEAPON ON HIS PERSON WHILE ON THE PREMISES OR PROPERTY OF A PUBLIC EDUCATIONAL INSTITUTION; AND TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO DELETE THE RESTRICTIONS PLACED UPON CARRYING A CONCEALABLE WEAPON INTO A SCHOOL OR COLLEGE EVENT.
Very respectfully,
Speaker of the House
Received as information.
(R39, H3694 (Word version)) -- Reps. White, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, Whitmire, Williams, Witherspoon and Young: A JOINT RESOLUTION TO NAME THE NEW SOUTH CAROLINA VETERANS CEMETERY IN ANDERSON COUNTY THE M. J. "DOLLY" COOPER VETERANS CEMETERY.
The veto of the Governor was taken up for immediate consideration.
Senator ALEXANDER spoke on the veto.
Senator ALEXANDER moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Pinckney Rankin Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator RANKIN rose for an Expression of Personal Interest.
S. 730 (Word version) -- Senator Martin: A SENATE RESOLUTION CELEBRATING THE 100TH BIRTHDAY OF THE UNITED STATES ARMY RESERVE, HONORING THE COMMITMENT, DEDICATION, AND SERVICE TO AMERICA, AND WISHING FOR ITS CONTINUED SUPPORT TO OUR SOLDIERS.
On motion of Senator MARTIN, with unanimous consent, the names of Senators ANDERSON, BRYANT, CAMPSEN, CLEARY, COURSON, CROMER, DRUMMOND, ELLIOTT, GROOMS, HAWKINS, HAYES, LAND, LEVENTIS, MALLOY, McGILL, PATTERSON, RANKIN, RYBERG, SCOTT, SETZLER, SHEHEEN, THOMAS, VAUGHN, VERDIN and WILLIAMS as co-sponsors of S. 730.
Senator LEATHERMAN introduced Dr. Coleman Floyd of Florence, S.C., Doctor of the Day.
The following were introduced:
S. 736 (Word version) -- Senator Grooms: A SENATE RESOLUTION TO RECOGNIZE MRS. THELMA CELESTIA GROOMS SHULER, "MS. THELMA", OF HOLLY HILL ON THE REMARKABLE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER CONTINUED GOOD HEALTH AND MUCH HAPPINESS IN THE YEARS TO COME.
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The Senate Resolution was adopted.
S. 737 (Word version) -- Senators Short, Hayes, Gregory, Lourie, Peeler and Sheheen: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE OLDE ENGLISH DISTRICT TOURISM COMMISSION FOR TWENTY-FIVE YEARS OF PROMOTING TOURISM AND HISTORY IN CHESTER, CHESTERFIELD, FAIRFIELD, KERSHAW, LANCASTER, UNION, AND YORK COUNTIES AND FOR HELPING TO MAKE TOURISM THE NUMBER ONE INDUSTRY IN THE STATE.
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The Senate Resolution was adopted.
H. 3358 (Word version) -- Reps. Kirsh and Cotty: A BILL TO REPEAL SECTION 8-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICE HOURS OF STATE AGENCIES; AND TO REPEAL SECTION 11-5-30 RELATING TO THE OFFICE HOURS OF THE STATE TREASURER.
Read the first time and referred to the Committee on Finance.
H. 3457 (Word version) -- Reps. Mack, Breeland, R. Brown, Hosey, Limehouse and Stavrinakis: A BILL TO AMEND SECTION 61-4-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO REQUIRE NOTIFICATION TO THE LICENSEE AND AN INDEPENDENT INVESTIGATION BY THE DEPARTMENT OF REVENUE BEFORE A LICENSEE'S PERMIT MAY BE REVOKED OR SUSPENDED.
Read the first time and referred to the Committee on Judiciary.
H. 3572 (Word version) -- Reps. Hagood, Rutherford, Bales, Barfield, Branham, G. Brown, Cato, Ceips, Chalk, Coleman, Edge, Gullick, Hardwick, Hayes, Jefferson, Jennings, Limehouse, Littlejohn, Mack, McLeod, Ott, Pinson, Sandifer, Scott, W. D. Smith, Spires, Talley, White, Hart, Whipper and Cotty: A BILL TO AMEND CHAPTER 22, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRETRIAL INTERVENTION PROGRAM BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 3 SO AS TO CREATE THE "TRAFFIC DIVERSION PROGRAM ACT", TO PROVIDE THAT EACH SOLICITOR HAS THE AUTHORITY TO ESTABLISH A PROGRAM FOR PERSONS WHO COMMIT TRAFFIC-RELATED OFFENSES PUNISHABLE BY A FINE OR LOSS OF POINTS, TO PROVIDE THAT THE SOLICITOR IS AUTHORIZED TO CONTRACT FOR SERVICES WITH THE APPROPRIATE MUNICIPALITY OR COUNTY, AND TO PROVIDE PROCEDURES FOR THE OPERATION OF A TRAFFIC DIVERSION PROGRAM AND REQUIREMENTS FOR PERSONS DESIRING TO ENTER A PROGRAM.
Read the first time and referred to the Committee on Judiciary.
H. 3960 (Word version) -- Reps. Viers, Barfield, Clemmons, Edge, Hardwick, Hayes, Witherspoon, Miller, Govan and Anderson: A JOINT RESOLUTION THE DEPARTMENT OF TRANSPORTATION IS DIRECTED TO CHANGE ALL HIGHWAY DIRECTIONAL SIGNS IN THE HIGHWAY RIGHTS-OF-WAY UNDER ITS JURISDICTION IN HORRY COUNTY FROM "WACCAMAW POTTERY", WHICH IS NOW CLOSED, TO "HARD ROCK PARK".
Read the first time and referred to the Committee on Transportation.
H. 3977 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND SECTION 44-2-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERB FUND, SO AS TO DELETE THE REQUIREMENT THAT THE UNDERGROUND STORAGE TANK REGISTRATION AND ANNUAL RENEWAL FEE BE ONE HUNDRED DOLLARS; AND TO AMEND SECTION 44-2-60, RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS AND CERTAIN FEES, SO AS TO PROVIDE THE AMOUNT OF REGISTRATION AND LATE FEE REVENUE USED FOR ADMINISTRATION MAY NOT EXCEED THE TOTAL AMOUNT COLLECTED FROM SUCH FEES ANNUALLY, AMONG OTHER THINGS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4030 (Word version) -- Reps. McLeod, Leach, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MAY, 2007, AS "MENTAL HEALTH MONTH" IN SOUTH CAROLINA AND TO RAISE AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND THE NEED FOR APPROPRIATE AND ACCESSIBLE SERVICES FOR ALL PEOPLE WITH MENTAL ILLNESS.
The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
H. 4034 (Word version) -- Reps. Scott, Alexander, Govan, Hosey, Brantley, Agnew, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Sellers, Shoopman, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION APPLAUDING SOUTH CAROLINA STATE UNIVERSITY, OF ORANGEBURG COUNTY, ON ITS GRACIOUS AND IMPECCABLE UNDERTAKING AS HOST OF THE FIRST NATIONAL DEBATE OF 2008 DEMOCRATIC PARTY CANDIDATES FOR PRESIDENT OF THE UNITED STATES, AND EXPRESSING THE GRATITUDE OF THE STATE'S CITIZENS FOR THE UNIVERSITY'S ROLE IN SPOTLIGHTING FOR ALL THE WORLD TO SEE ALL THAT IS SO SPECIAL ABOUT SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4035 (Word version) -- Reps. Shoopman, Leach, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Simrill, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE REMARKABLE ACHIEVEMENT OF AMANDA SOMERS, DARLENE POPE, AND LANCE OWENS OF SPORTS SPINE & INDUSTRIAL (SSI) FOR BEING AWARDED BY THE SMALL BUSINESS ADMINISTRATION WITH THE 2007 SOUTH CAROLINA SMALL BUSINESS PERSONS OF THE YEAR.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Education submitted a favorable with amendment report on:
H. 3476 (Word version) -- Reps. Walker, Harrell, Cato, Barfield, Battle, Jennings, Kennedy, Miller and Mulvaney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 25, TITLE 59, TO ENACT THE "TEACHER RECRUITMENT AND RETENTION IMPROVEMENT ACT" SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY HIRE INDIVIDUALS WHO ARE CERTIFIED BY THE AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE (ABCTE) PURSUANT TO CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Columbia, S.C., May 3, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 518 (Word version) -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO CHILDCARE FACILITIES AND CHILDCARE PROVIDERS AND THAT CHILDCARE FACILITIES MUST INCLUDE THIS VIDEO PRESENTATION IN THE TRAINING OF THE FACILITY'S CAREGIVERS, TO PROVIDE THAT THE DEPARTMENT MUST MAKE THE VIDEO AVAILABLE TO ANY INTERESTED PERSON AT COST, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH A PROTOCOL FOR HEALTH CARE PROVIDERS TO EDUCATE PARENTS OR PRIMARY CAREGIVERS ABOUT THE DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN, AND TO PROVIDE THAT THE DEPARTMENT SHALL REQUEST PEDIATRIC HEALTH CARE PROVIDERS TO REVIEW THESE DANGERS WITH PARENTS OR CAREGIVERS ASSOCIATED WITH SHAKING INFANTS AT WELL-BABY VISITS.
asks for a Committee of Conference, and has appointed Reps. Hayes, Bowen and Hart to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
S. 518 (Word version) -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE MATERNITY PATIENT, FATHER, OR PRIMARY CAREGIVER VIEW THE VIDEO, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL REVIEW ALL SUBMITTED VIDEOS AND SHALL APPROVE ACCEPTABLE VIDEOS, TO PROVIDE THAT THE VIDEO PRESENTATION MUST BE MADE AVAILABLE TO CHILDCARE FACILITIES AND CHILDCARE PROVIDERS AND THAT CHILDCARE FACILITIES MUST INCLUDE THIS VIDEO PRESENTATION IN THE TRAINING OF THE FACILITY'S CAREGIVERS, TO PROVIDE THAT THE DEPARTMENT MUST MAKE THE VIDEO AVAILABLE TO ANY INTERESTED PERSON AT COST, TO PROVIDE THAT THE DEPARTMENT SHALL ESTABLISH A PROTOCOL FOR HEALTH CARE PROVIDERS TO EDUCATE PARENTS OR PRIMARY CAREGIVERS ABOUT THE DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN, AND TO PROVIDE THAT THE DEPARTMENT SHALL REQUEST PEDIATRIC HEALTH CARE PROVIDERS TO REVIEW THESE DANGERS WITH PARENTS OR CAREGIVERS ASSOCIATED WITH SHAKING INFANTS AT WELL-BABY VISITS.
Whereupon, Senators RYBERG, HUTTO and CLEARY were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 731 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION HONORING GEORGE DUCWORTH UPON THE OCCASION OF HIS RETIREMENT FROM THE WIL LOU GRAY OPPORTUNITY SCHOOL BOARD OF TRUSTEES, THANKING HIM FOR DECADES OF CIVIL SERVICE, AND WISHING HIM MUCH SUCCESS AND GOOD FORTUNE IN THE FUTURE.
Returned with concurrence.
Received as information.
S. 436 (Word version) -- Senators Alexander and Peeler: A CONCURRENT RESOLUTION TO URGE THE MEMBERS OF THE SOUTH CAROLINA DELEGATION TO THE UNITED STATES CONGRESS AND MEMBERS OF SOUTH CAROLINA STATE GOVERNMENT TO WORK TOGETHER TO TIMELY REAUTHORIZE THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM TO ASSURE FEDERAL FUNDING FOR THE SOUTH CAROLINA STATE CHILDREN'S HEALTH INSURANCE PROGRAM TO BE EXPENDED IN THE MANNER DETERMINED BY THIS STATE SUBJECT TO FEDERAL REQUIREMENTS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3466 (Word version) -- Reps. Umphlett, Hinson, E.H. Pitts, Haley, Ballentine, Huggins, Vick, Agnew, Anderson, Battle, Bingham, R. Brown, Cato, Ceips, Chellis, Cobb-Hunter, Dantzler, Duncan, Funderburk, Hagood, Harvin, Herbkersman, Jefferson, Jennings, Knight, Limehouse, Lowe, Mahaffey, Merrill, Miller, Ott, Owens, Parks, Pinson, M.A. Pitts, Sandifer, Scarborough, Scott, Sellers, Simrill, Spires, Stavrinakis, Taylor, White, Whitmire, Williams, Toole, Bowen, Gullick, Hodges and Crawford: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, WATER RESOURCES, AND DRAINAGE, BY ADDING CHAPTER 30 SO AS TO ENACT THE "PUBLIC WATERS NUISANCE ABATEMENT ACT" WHICH PERMITS THE DEPARTMENT OF NATURAL RESOURCES TO REMOVE OR REQUIRE THE REMOVAL OF CERTAIN STRUCTURES FROM THE PUBLIC WATERS OF THIS STATE UNDER SPECIFIED CONDITIONS, TO PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR AUTHORITY OF THE ATTORNEY GENERAL AND A MUNICIPALITY OR COUNTY TO DECLARE THESE STRUCTURES NUISANCES AND REQUIRE THEIR REMOVAL, AND TO PROVIDE, FURTHER, FOR A CIVIL ACTION BY A PRIVATE CITIZEN.
The following Bills and Joint Resolution, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 657 (Word version) -- Senators Peeler, Alexander, Lourie, Setzler, Matthews, Hayes, Land, Pinckney, Courson, Fair, McGill and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES.
On motion of Senator SETZLER, with unanimous consent, S. 657 was ordered to receive a third reading on Friday, May 4, 2007.
H. 3310 (Word version) -- Reps. M.A. Pitts, Duncan, Gambrell, Herbkersman, Sandifer, Whipper, White, Bedingfield, Weeks, Owens, Rice, Vick and Scarborough: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO ALLOW A PERSON TO CARRY A HANDGUN ON HIS PERSON IN A VEHICLE IF HE HAS A VALID CONCEALED WEAPON PERMIT.
On motion of Senator HUTTO, with unanimous consent, H. 3310 was ordered to receive a third reading on Friday, May 4, 2007.
S. 729 (Word version) -- Senator Cleary: A JOINT RESOLUTION TO PLACE IN MURRELLS INLET AT LEAST EIGHT BUOYS THAT ESTABLISH A NO WAKE ZONE WITHIN FIFTY FEET OF A DOCK.
On motion of Senator CLEARY, with unanimous consent, S. 729 was ordered to receive a third reading on Friday, May 4, 2007.
S. 463 (Word version) -- Senators Leatherman, Alexander, Verdin, Short, Setzler, Vaughn and Elliott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 16, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BENEFITS AND FUNDING OF PUBLIC EMPLOYEE PENSION PLANS IN THIS STATE AND THE INVESTMENTS ALLOWED FOR FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENT SYSTEMS, SO AS TO PROVIDE THAT THE FUNDS OF ANY TRUST FUND ESTABLISHED BY LAW FOR THE FUNDING OF POST-EMPLOYMENT BENEFITS FOR STATE EMPLOYEES AND PUBLIC SCHOOL TEACHERS MAY BE INVESTED AND REINVESTED IN EQUITY SECURITIES SUBJECT TO THE SAME LIMITATIONS ON SUCH INVESTMENTS APPLICABLE FOR THE FUNDS OF THE VARIOUS STATE-OPERATED RETIREMENTS SYSTEMS.
The Senate proceeded to a consideration of the Joint Resolution, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0463.002), which was adopted:
Amend the resolution, as and if amended, page 2, after line 21, by adding the following appropriately numbered SECTIONS to read:
/ SECTION ____. It is proposed that Section 16, Article X of the Constitution of this State be amended by adding an additional paragraph at the end to read:
"Notwithstanding the provisions of Section 11 of this article, the funds of any political subdivision of this State that have been set aside for the funding of post-employment benefits for the political subdivision's employees may be invested or reinvested in equity securities of the type permitted for investment by the various state operated retirement systems, as provided for by the General Assembly."
SECTION ____. The proposed amendment 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 Section 16, Article X of the Constitution of this State relating to benefits and funding of public employee pension plans in this State and the investments allowed for funds of the various state-operated retirement systems be amended so as to provide that the funds of any political subdivision of this State that have been set aside for the funding of post-employment benefits for the political subdivision's employees may be invested or reinvested in equity securities of the type permitted for investment by the various state operated retirement systems, as provided for by the General Assembly?
No []
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.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Resolution was read the second time, passed and ordered to a third reading.
H. 3456 (Word version) -- Reps. M.A. Pitts, Pinson and Parks: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT, BY ADDING CHAPTER 20 ENACTING THE "ABANDONED MANUFACTURED HOME REMOVAL ACT" SO AS TO PROVIDE A PROCEDURE FOR DEMOLITION AND DISPOSAL OF ABANDONED MANUFACTURED HOMES AND PROVIDE THE APPROPRIATE NOTICE AND OTHER PROCEDURES NECESSARY FOR THIS ACT; AND TO AMEND SECTION 12-49-85, AS AMENDED, RELATING TO UNCOLLECTIBLE REAL AND PERSONAL PROPERTY TAXES, SO AS TO ALLOW THE COUNTY AUDITOR TO WAIVE AND REMOVE FROM THE TAX DUPLICATE CURRENT AND DELINQUENT PROPERTY TAXES, ASSESSMENTS, COSTS, AND FEES FROM A MANUFACTURED HOME DEMOLISHED AND DISPOSED OF PURSUANT TO THE ABANDONED MANUFACTURED HOME REMOVAL ACT.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Judiciary Committee proposed the following amendment (JUD3456.004), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-150 SO AS TO AUTHORIZE A LOCAL OFFICIAL OR LANDOWNER TO SEEK TO REMOVE AND SELL OR REMOVE AND DESTROY A DERELICT MOBILE HOME BY APPLYING TO THE MAGISTRATES COURT AND TO ALLOW A LOCAL GOVERNING BODY TO IMPOSE A FEE TO DEFRAY THE COST OF LOCATION, IDENTIFICATION, AND INSPECTION OF DERELICT MOBILE HOMES; TO AMEND SECTION 12-49-85, RELATING TO UNCOLLECTIBLE REAL AND PERSONAL PROPERTY TAXES, SO AS TO ALLOW THE COUNTY AUDITOR TO WAIVE AND REMOVE FROM THE TAX DUPLICATE CURRENT AND DELINQUENT PROPERTY TAXES, ASSESSMENTS, COSTS, AND FEES FROM A MANUFACTURED HOME DEMOLISHED AND DISPOSED OF PURSUANT TO SECTION 6-1-150; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-29-1145, SO AS TO CLARIFY THAT IF A LOCAL PLANNING AGENCY HAS NOTICE OF A RESTRICTIVE COVENANT ON A TRACT OR PARCEL OF LAND, THE LOCAL PLANNING AGENCY MUST NOT ISSUE A PERMIT FOR ACTIVITY THAT IS CONTRARY TO, CONFLICTS WITH, OR IS PROHIBITED BY THE RESTRICTIVE COVENANT UNLESS THE LOCAL PLANNING AGENCY RECEIVES CONFIRMATION FROM THE APPLICANT THAT THE RESTRICTIVE COVENANT HAS BEEN WAIVED FOR THE TRACT OR PARCEL OF LAND EITHER BY ACTION OF THE OTHER PROPERTY HOLDERS SUBJECT TO THE RESTRICTIVE COVENANT OR BY COURT ORDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-150. (A) For purposes of this section:
(1) 'Derelict mobile home' means a mobile home:
(a) that is:
(i) not connected to electricity or not connected to a source of safe potable water supply sufficient for normal residential needs, or both;
(ii) not connected to a Department of Environmental Control approved waste water disposal system; or
(iii) unoccupied for a period of at least thirty days and for which there is clear and convincing evidence that the occupant does not intend to return on a temporary or permanent basis; and
(b) that is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a hazard to the health or safety of the occupants, the persons using the mobile home, or the public.
(2) 'Landowner' means the owner of real property on which a derelict mobile home is located.
(3) 'Local governing body' means the governing body of a county or municipality.
(4) 'Local official' means the office or agency that is responsible for inspecting or zoning property in a county or a municipality.
(5) 'Mobile home' means a structure, not including a modular home, designed for temporary or permanent habitation and constructed to permit its transport on wheels, temporarily or permanently attached to its frame, from its place of construction or sale to a location where it is intended to be a housing unit or a storage unit. For purposes of this section only, 'mobile home' includes both mobile and manufactured homes.
(B)(1) If a landowner seeks to have a mobile home removed from his property and sold, the landowner may apply to a magistrate and follow the procedures in Section 29-15-10. The landowner does not have to have the mobile home determined to be a derelict mobile home in order to have it removed from his property and sold following the procedures of Section 29-15-10.
(2) If a landowner seeks to have a mobile home determined to be derelict so it may be removed from the landowner's property and destroyed, the landowner must:
(a) apply to the local official to have the mobile home inspected;
(b) receive written confirmation from the local official that the mobile home has been inspected and meets the requirements for removal and disposal and provided in this section;
(c) file the required pleadings with the magistrate to seek to have the mobile home removed from the property and destroyed, and follow the procedures in Section 29-15-10 to notify the owner of the mobile home and any lienholders that the local official has determined the mobile home is a derelict mobile home and that the matter is the subject of a proceeding in the magistrates court; and
(d) post a notice on each door of the mobile home for thirty consecutive days reading substantially as follows:
This mobile home is the subject of a proceeding in the magistrates court to determine if it will be removed from this property. For further information, please contact: (name and telephone number of landowner seeking removal) or (name and telephone number of magistrates court where action is pending).
(Date of Notice)'
(3) If, in a court proceeding with the proper notice, the magistrate determines that the mobile home is derelict, as provided in this section, and orders the derelict mobile home to be removed and destroyed, the landowner must remove and dispose of the derelict mobile home and send proof of the removal and disposal to the county auditor as provided in Section 12-49-85(D).
(C)(1) If a local official determines that a derelict mobile home has value for which it may be sold, the local official may apply to a magistrate and follow the procedures in Section 29-15-10 to notify the owner of the mobile home and any lienholders that the local official has determined the mobile home is a derelict mobile home and has filed the required pleadings with the magistrate to seek to have the mobile home removed from the property and sold.
(2) If a local official seeks to remove and destroy a derelict mobile home, the local official must follow the procedures in Section 29-15-10 to notify the owner of the mobile home and any lienholders that the local official has determined the mobile home is a derelict mobile home and has filed the required pleadings with the magistrate to seek to have the mobile home removed from the property and destroyed.
(3) In addition to the notice requirements in the magistrates court, in order to (a) remove and sell, or (b) remove and destroy a derelict mobile home, a local official must post a notice on each door of the mobile home for thirty consecutive days reading substantially as follows:
This mobile home is the subject of a proceeding in the magistrates court to determine if it will be removed from this property. For further information, please contact: (name and telephone number of local government office seeking removal) or (name and telephone number of magistrates court where action is pending).
(Date of Notice)'
(4) In a court proceeding with the proper notice, a magistrate must determine whether a derelict mobile home may be either (a) removed and sold, or (b) removed and destroyed. In order for the mobile home to be removed and destroyed, it must meet the requirements of a derelict mobile home as defined in this section.
(5) If the magistrate determines that the mobile home is derelict and is to be removed and sold, the local official must follow the procedures in Section 29-15-10.
(6) If the magistrate determines that the mobile home is derelict and is to be removed and destroyed, the local official or the landowner must remove and dispose of the derelict mobile home and send proof of the removal and disposal to the county auditor as provided in Section 12-49-85(D).
(D)(1) All costs of removal and disposal are the responsibility of the owner of the derelict mobile home, and may be waived only by order of the magistrates court or if a local governing body has a program that covers removal and disposal costs.
(2) A lienholder of the derelict mobile home is not responsible for the costs of removal and disposal unless the lienholder or his agent effects a recovery of the mobile home under its lien and subsequently the lienholder or his agent knowingly abandons the mobile home on the property and allows the mobile home to become a derelict mobile home.
(3) If the landowner is the owner of the derelict mobile home and is unwilling or unable to pay the costs of removal and disposal, a lien for the costs of removal and disposal may be placed on the landowner's real property where the derelict mobile home was located.
(E) To defray the costs of location, identification, and inspection of derelict mobile homes, a local governing body may impose a registration fee of no more than twenty-five dollars to be paid when a manufactured home or mobile home is registered with the county or municipality. This fee may be in addition to all other fees and charges relating to a manufactured home or mobile home and may be required to be paid before electrical connection."
SECTION 2. Section 12-49-85 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding a new lettered subsection at the end to read:
"(D) Upon receipt of proof satisfactory to the county auditor that a derelict mobile home, as defined in Section 6-1-150, has been removed and disposed of in accordance with Section 6-1-150, the county auditor shall remove the derelict mobile home permanently from the duplicate list. Upon this removal, any unpaid taxes, uniform service charges, assessments, penalties, costs of collection, and any other amounts billed on the tax notice, which are due as a result of the value of the derelict mobile home, are waived. All costs of removal and disposal are the responsibility of the owner of the derelict mobile home, and may be waived only by order of the magistrates court or if a local governing body has a program that covers removal and disposal costs."
SECTION 3. Chapter 29, Title 6 of the 1976 Code is amended by adding:
"Section 6-29-1145. (A) In an application for a permit, the local planning agency must inquire if the tract or parcel of land is restricted by any recorded covenant that is contrary to, conflicts with, or prohibits the permitted activity.
(B) If a local planning agency has notice of a restrictive covenant on a tract or parcel of land, the local planning agency must not issue a permit for activity that is contrary to, conflicts with, or is prohibited by the restrictive covenant unless the local planning agency receives confirmation from the applicant that the restrictive covenant has been waived for the tract or parcel of land either by action of the other property holders subject to the restrictive covenant or by court order."
SECTION 4. This act takes effect upon approval by the Governor except that the provisions of Section 6-29-1145 apply to applications for permits filed on and after July 1, 2007./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3711 (Word version) -- Reps. Sandifer and Whitmire: A BILL TO AMEND CHAPTER 25, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REDESIGNATING THE CHAPTER KNOWN AS THE "JOINT MUNICIPAL WATER SYSTEMS ACT" AS THE "JOINT AUTHORITY WATER AND SEWER SYSTEMS ACT", SO AS TO PROVIDE FOR THE APPOINTMENT OF MEMBERS OF A JOINT AUTHORITY WATER AND SEWER SYSTEM COMMISSION, TO PROVIDE THAT A COMMISSION MAY CONSIST OF NO MORE THAN ELEVEN MEMBERS, TO PROVIDE THAT A CHANGE IN THE MEMBERSHIP OF A JOINT SYSTEM IS NOT FINAL UNTIL NOTICE OF THE CHANGE IS FILED WITH THE SECRETARY OF STATE, TO PROVIDE THAT A JOINT SYSTEM MAY ENTER A CONTRACT TO SELL WATER OR PROVIDE SEWER SERVICE, AMONG OTHER THINGS; AND TO MAKE CONFORMING AND TECHNICAL CHANGES THROUGHOUT THE CHAPTER.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD3711.003), which was adopted:
Amend the bill, as and if amended, page 3, by striking line 16 and inserting:
/ (f6) 'Municipality Authority' includes: /
Amend the bill further, as and if amended, page 8, by striking lines 32-34 and inserting:
/ members and no more than eleven members, a water or sewer authority in existence on this section's effective date is considered to be in compliance with this requirement. /
Amend the bill further, as and if amended, page 13, by striking line 15 and inserting:
/ authority in this State or any other another state owning a water /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
Senator ALEXANDER proposed the following amendment (JUD3711.004), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
/ SECTION 1. Chapter 25, Title 6 of the 1976 Code is amended to read:
Joint Municipal Authority Water and Sewer Systems
Section 6-25-5. The General Assembly finds that:
(1) The availability of water and sewer services to assist economic development and to provide for the health, safety, and welfare of its people is a very critical matter for this State.
(2) It is appropriate to make it possible for members of joint municipal authority water systems to utilize certain sources of revenues available to them, including payments in lieu of taxes, to assist in the development of additional water and sewer treatment capacity and the provision of collection and distribution lines.
(3) It is desirable to facilitate a joint authority water and sewer system in accommodating the desires of its members in projects and financings that affect only those members.
Section 6-25-10. This chapter may be cited as the 'Joint Municipal Authority Water and Sewer Systems Act'.
Section 6-25-20. For purposes of this chapter:
(a1) 'Joint Municipal Authority Water and Sewer System' or 'joint system' means a public body and body corporate and politic organized under other provisions of this chapter government entity organized under this chapter to undertake or acquire a water or sewer project.
(b2) 'State' means the State of South Carolina.
(c3) 'Project' means any a project undertaken by a joint municipal authority water and sewer system for any one or more of the following purposes to:
(1a) The impounding, production, treatment, transmission, distribution, sale impound, produce, treat, transmit, distribute, sell, and service of water to any of its members a member, or to municipalities an authority that are is not members a member but who are is engaged in the serving and sale of water providing water or sewer service, when such is approved by the governing body of each member; and
(2b) The collection, transportation, processing, treating, disposing of, and controlling of collect, transport, process, treat, dispose, and control municipal, domestic, industrial, or communal waste, flood water, or storm water, whether in fluid, solid, or composite state, including specifically the control, abatement, or reduction of all types pollution for any of its members a member, or for municipalities an authority that are is not members a member that are and is engaged in waste and wastewater collection, treatment, and disposal, when such is approved by the governing body of each member.
(d4) 'Cost' or 'cost of a project' means, but is not limited to, the cost of acquisition, construction, reconstruction, improvement, enlargement, or extension of any project, including the cost of studies, plans, specifications, surveys, and estimates of costs and revenues relating to the project; the cost of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, franchises, and the preparation of applications for and security for them; administrative, legal, professional, engineering, and inspection expenses; financing fees, expenses, and costs; working capital; insurance; interest on the bonds during the period of construction and for a reasonable period after construction as may be determined by the commission of the joint system; establishment of reserves; and all other expenditures of the joint system incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, or extension of any project and the placing of the project in operation.
(e5) 'Governing body' means with respect to a municipality an authority; the board, commission, council, or governing body other entity charged by law with governing the municipality authority.
(f6) 'Municipality Authority' includes:
(a) counties, towns, and cities incorporated under the laws of this State a county or municipality incorporated under the laws of this State;
(b) a consolidated political subdivisions subdivision of this State;
(c) commissioners a commission of public works; and any
(d) an agency or public body created by the General Assembly of this State or under the laws of this State and authorized by legislation to be engaged in the sale and service of water for industrial and domestic purposes, or the collection for treatment of wastewater.
(g7) 'Revenue bonds' and 'bonds' mean bonds, notes, certificates, or other obligations of a joint system issued pursuant to the provisions of this chapter and include a refinancing or refunding same of bonds, notes, certificates, or other obligations, but which must be paid solely from the revenues and other sources of funds revenue or another source of funds available to a joint system. The term 'revenues' includes all sources of funds which are revenues to the joint system, regardless of the source of the funds, from any other party obligated to the joint system.
(h8) 'Member of a joint system' means those municipalities whose governing bodies have agreed (1) to create a joint municipal water system to undertake the impounding, acquisition, treatment, production, transmission, distribution, service, and sale of water to a municipality which is a member of the system and other municipalities, and persons which are not members when approved by the governing body of each member or (2) to create a joint municipal water system for the purpose of creating a financing pool. A joint municipal water system created for the purpose of creating a financing pool may have as nonvoting members nonprofit corporations created pursuant to Chapter 36 of Title 33; however, a nonprofit corporation which has become a public service district pursuant to Article 8 of Chapter 36 of Title 33 is a voting member an authority that has taken the actions necessary to form or join the joint system.
(i9) 'Construction note' or 'notes note' means notes a note of a joint system issued to provide funds funding for the creation of a financing pool and the costs associated with it.
(j10) 'Financing agreement' means an agreement entered into by a joint system organized to create a financing pool and a member of it in connection with the lending of the proceeds of construction notes or portion thereof by the joint system to the member so as to provide for the repayment of amounts loaned and interest on it by the member to the joint system.
(k11) 'Financing pool' means a fund of money, obtained through the issuance of a construction note of a joint municipal authority water and sewer system, which may be loaned to the members of it by way of interim financing. Not exceeding A joint system may not lend more than five percent of the principal amount of a financing pool may be loaned to a not-for-profit corporations corporation established pursuant to Chapter 35 of Title 33.
(l12) 'Government' means the United States of America, acting through the United States Department of Agriculture, or its successor, and the agencies and divisions of it.
(m13) 'Interim financing' means a bond anticipation note or notes issued pursuant to the provisions of Sections 11-17-10 to 11-17-120 in anticipation of the issuance of a bond or bonds of a municipality an authority to be sold to the government.
Section 6-25-25. In addition to all other project purposes, the joint system formed under the Joint Municipal Authority Water and Sewer Systems Act is authorized to purchase, construct, acquire, own, operate, maintain, repair, and improve any and all works, improvements, facilities, plants, equipment, transportation lines, pump stations, sewage treatment plants, apparatus, and appliances incidental, helpful, or necessary to its members upon request and approval of its members in accordance with the bylaws of the joint system.
Section 6-25-30. In addition to the powers granted a municipality under the laws of the State, any two or more governing bodies may, by resolution or ordinance, determine that it is in the best interest of their municipalities and of their residents, and customers to create a Joint Municipal Water System for the purpose of planning, financing, developing, constructing, acquiring, improving, enlarging, selling, leasing, maintaining, and operating a project for other present and future needs of their service areas and of the areas of the State in which they serve. Upon any such determination, any two or more municipalities may form a joint system to plan, finance, develop, enlarge, improve, lease, sell, maintain, or operate a project within this State. Each governing body may make such plans and enter into such contracts in connection with the project not inconsistent with the terms of this chapter which it determines might be necessary or appropriate.
Each municipality may undertake studies of its own to determine whether there is a need for a project or whether such project is feasible.
Additionally, any two or more governing bodies of municipalities may, by resolution or ordinance, determine that it is in the best interests of their municipalities, residents, and customers to create a joint system for the purpose of creating a financing pool.
A joint system may be created for the purpose of planning, financing, developing, constructing, acquiring, improving, enlarging, selling, leasing, maintaining, and operating a project or for the purpose of creating a financing pool, but not for both such purposes. (A) The governing body of an authority may join another authority to form a joint system after ascertaining by resolution that a joint system best serves the interests of the authority, its citizens, and its customers.
(B) A joint system may be formed:
(1) to plan, finance, develop, construct, acquire, improve, enlarge, sell, lease, maintain, and operate a project to service the needs of its service area;
(2) to create a finance pool;
(3) or both.
(C) A governing body of a member of a joint system may plan and enter a contract in connection with a project of the joint system consistent with the terms of this chapter.
(D) An authority may conduct a study to assess the necessity and feasibility of a project.
Section 6-25-35. Any A reference to project purposes the purpose of a project in this chapter pertaining specifically to water include the purposes includes all the purposes as provided in item (c) of Sections 6-25-20(3) and 6-25-25 and any a power or authority provided for in this chapter to a joint system or any of its members a member of a joint system may be exercised with respect to any of the purposes or projects project or purpose of the joint system.
Section 6-25-40. If The creation of a joint system is formed by the governing bodies of any two or more municipalities to be in the best interest of their respective municipalities, notice of the adoption of such ordinance or resolution shall be published once a week for two consecutive weeks in a newspaper of general circulation within the county in which such governing body is located. Any person affected by the action of such governing body may institute an action in the circuit court for the county in which such governing body is located within twenty days following the last publication of the notice prescribed challenging the action of such governing body. If a joint system is formed for the purposes of creating a financing pool, the provisions of this section do not apply. An authority adopting a resolution to create a joint system shall publish notice of the adoption of the resolution in a newspaper of general circulation within the county in which the governing body is located. The publication must be made once a week for two consecutive weeks following the adoption of the resolution. A person affected by the adoption of the resolution may institute an action in the circuit court for the county in which the governing body is located within twenty days following the last publication of the notice prescribed challenging the action of the governing body and not thereafter.
Section 6-25-50. Upon fulfilling the requirements set forth in Section 6-25-40, if applicable each governing body which determines that its participation in the proposed joint system is in its best interest shall by resolution appoint one representative to the proposed joint system. (A) The governing bodies of the members of a joint system shall form an agreement specifying the number of commissioners each member may appoint to a commission created to govern the joint system pursuant to Section 6-25-60.
(B) Any Two or more representatives commissioners shall file with the Secretary of State an application signed by the representative commissioner of each proposed member setting forth:
(a1) the names of all the proposed members and their respective appointed representatives commissioners;
(b2) a certified copy of (i):
(a) the resolution or ordinance of each member determining it is in its best interest to participate in the proposed joint system; and (ii)
(b) the resolution appointing the member's representative commissioner;
(c3) the desire that the joint system be organized as a public body and a body corporate and politic under this chapter;
(d4) the name which is proposed for the joint system; and
(e5) the purpose for creation of the joint system.
The Secretary of State shall file the application if after examining it and determining that it complies with the requirements in this section and that the proposed name of the joint system is not identical with that of any other corporation of the State or any agency or instrumentality or so nearly similar as to lead to confusion and uncertainty.
After the application has been made and filed, the Secretary of State shall issue a corporate certificate which that must be filed with the application, and the joint system then must be constituted a public body corporate and politic under the name proposed in the application. The corporate certificate shall set forth the names of all voting members and of the name of the joint system. There must also be stated upon the corporate certificate the purpose for which it has been created, as set forth in the application. Notice of the issuance of such corporate certificate must be given to all members of the joint system by the Secretary of State.
In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a joint system, the joint system in the absence of establishing fraud shall be conclusively considered to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the Secretary of State. A copy of the certificate, duly certified by the Secretary of State, is admissible in evidence in any suit, action, or proceeding and is conclusive proof of the filing and contents.
Section 6-25-60. (aA) The management and control of a joint system is vested in a commission that may consist of no fewer than five members and no more than eleven members. The governing body of each voting member of a joint system shall appoint a representative commissioner, pursuant to Section 6-25-50(A), who must be to serve as a commissioner of the joint system. The representative may be an officer or employee of the member and may also serve ex officio as a member of the commission. Each A commissioner has one vote and may have additional votes as a majority of the members of the joint system determines. Each A commissioner shall serve serves at the pleasure of the governing body by which he was appointed. Each appointed A commissioner, before entering upon his duties, shall take and subscribe to an oath before a person authorized by law to administer oaths to execute the duties of his office faithfully and impartially, and a record of each oath must be filed with the governing body of the appointing authority.
If the commissioners unanimously designate any member for additional representation, then the governing body of any member designated is entitled to appoint up to two additional representatives to be commissioners of the joint system. These additional commissioners have the same power and authority and are subject to the same limitations as the commissioners initially appointed. Once the membership of a commission has been increased in this manner, the additional votes provision of the preceding paragraph no longer applies to the commission.
Notwithstanding the provisions of this subsection requiring the commission managing a joint system to have no fewer than five members and no more than eleven members, a joint system in existence on this section's effective date may continue to maintain a number of commissioners greater than the number of its members and may add additional members as its commissioners determine.
(bB) The commissioners of the joint system shall annually, or biennially, if provided in the bylaws of the joint system, elect, with each commissioner having one vote, one of the commissioners as chairman, another as vice chairman, and other persons who may, but need not be commissioners, as treasurer, secretary and, if desired, assistant secretary. The office of treasurer may be held by the secretary or assistant secretary. The commission may also appoint such additional officers as it deems necessary. The secretary or assistant secretary of the joint system shall keep a record of the proceedings of the joint system, and the secretary must be the custodian of all books, records, documents, and papers filed with the joint system, the minute book or journal of the joint system, and its official seal.
(cC) A majority of the commissioners of the joint system shall constitute a quorum. A vacancy on the commission of the joint system shall not impair the right of a quorum to exercise all rights and perform all the duties of a joint system. Any action taken by the joint system under the provisions of this chapter may be authorized by resolution at any regular or special meeting held pursuant to notice in accordance with bylaws of the joint system, and each resolution shall take effect immediately and need not be published or posted. Except as is otherwise provided in this chapter or in the bylaws of the joint system, a majority of the votes which the commissioners present are entitled to cast, with a quorum present, shall be necessary and sufficient to take any action or to pass any resolution. No commissioner of a joint system shall receive any compensation solely for the performance of duties as a commissioner, but each commissioner may be paid per diem, mileage, and subsistence expenses, as provided by law for state boards, committees, and commissions, incurred while engaged in the performance of such duties.
Section 6-25-70. (A) After the creation of a joint system, any other municipality authority may become a member upon:
(a1) adoption of a resolution or ordinance by the governing body complying with the requirements of Section 6-25-40 including publication of notice;
(b2) submission of an application to the joint system; and
(c3) approval of the application by resolution of the governing body of each member of the joint system; except in the case of a joint system organized for the purpose of creating a financing pool, in which case the application must be approved by resolution of the commission.
(B) Any A member may withdraw from a joint system by resolution or ordinance of its governing body. All A contractual rights right acquired and or contractual obligations obligation incurred by a member while it was a member must remain remains in full force and effect after the member's withdrawal.
(C) Notice of any a change in membership must be filed in the Office of the Secretary of State,. and No change is final until this filing provided, however, that occurs. The filing is not required if a joint system is organized only for the purpose of creating a financing pool.
Section 6-25-80. Whenever the commission of a joint system and the governing body of each of its members shall by resolution or ordinance determine that the purposes for which the joint system was formed have been substantially fulfilled and that all bonds issued and all other obligations incurred by the joint system have been fully paid or satisfied, the commission and members may declare the joint system to be dissolved. On the effective date of the resolution or ordinance, the title to all funds and other income and property owned by the joint system at the time of dissolution must be disbursed to the voting members of the joint system according to its bylaws.
Section 6-25-90. The commission of a joint system may create an executive committee, the composition of which must be set forth in the bylaws of the joint system. The composition of the executive committee shall afford a fair representation of the members. The executive committee may exercise such powers during intervals between the commission's meetings as provided by the commission. The terms of office of the members of the executive committee and the method of filling vacancies must be fixed by the bylaws of the joint system. A change in membership of a joint system is not final until notice of the change filed with the Secretary of State, except where a joint system is organized to create a financing pool.
Section 6-25-100. Each A joint system shall have all the rights and powers of a public body politic and corporate of this State, including, without limitation, all the rights and powers necessary or convenient to carry out and effectuate the provisions of this chapter, including but not limited to, the following rights and powers, without limitation, the power or right to:
(a1) To have perpetual succession.;
(b2) To sue and be sued.;
(c3) To adopt, use, and alter a corporate seal.;
(d4) To maintain a principal office.;
(e5) To make bylaws for the management and regulation of its affairs.;
(f6) To receive, administer, and comply with the conditions and requirements respecting any gift, grant, or donation of any property or money.;
(g7) To purchase, build, construct, maintain, rent, lease, and operate ditches, tunnels, culverts, equipment, flumes, conduits, mains, pipes, dykes, dams, reservoirs, water treatment facilities, and any facility or facilities for the impounding, treatment, production, transmission, distribution, operation, service, and sale of to impound, treat, produce, transmit, distribute, operate, service, or sell water or to collect and treat wastewater in connection with the project.;
(h8) To acquire and operate any type of machinery, appliances, or appurtenances necessary or useful in constructing, operating, and maintaining machines, appliances, or appurtenances necessary or useful to construct, operate, or maintain the system.;
(i) To enter into contracts of short or long duration for the sale of water to municipalities who are members of the joint system and to other municipalities not members upon conditions as set out under project definitions.
(9) enter contracts to purchase or sell water or provide sewer service;
(j10) To prescribe rates and or regulations under which water shall be is sold.;
(k11) To make contracts of all kinds contracts and to execute all instruments or documents necessary or convenient to carry on the business of the joint system.;
(l12) To sell, lease, exchange, transfer, or otherwise dispose of or to grant options for any purposes with respect to any real or personal concerning a property or interest therein interests in property in conformity with state law.;
(m13) To acquire by purchase, lease, gift, or otherwise, or to obtain options an option for the acquisition of any property, real or personal, improved or unimproved, including an interest in land less than the fee in conformity with state law.;
(n14) To borrow money and issue revenue bonds or notes of the joint system, to loan the proceeds of any borrowing to any member of the joint system to be paid solely from revenues of the system, the loan repayments of members, and such other funds as may be available therefore therefor with a favorable vote of two-thirds of the commissioners. No bonds A bond or notes note may not be issued, the payment for which is dependent depends upon contracts or agreements a contract or agreement with a member except with the approval of the governing body of such member, by resolution or ordinance of the governing body of the member. However, The requirements of this item are satisfied and no further action is required with respect to any bonds a bond or notes note issued to finance a project which that has been approved by the governing body of the members member as provided in Section 6-25-110. The approval of any notes a note or bonds bond under this chapter shall include any an issuance in one or more series and any refunding or refinancing of them so that only the original issuance of the debt must be approved. The members of a joint system may prescribe additional procedures and requirements as they determine appropriate for the issuance of any notes to issue a note or bonds bond in the bylaws of any a joint system.;
(o15) To pledge or assign any money, rents, charges, or other revenues revenue and any proceeds derived by the joint system from the sales sale of property, insurance, or a condemnation awards award.
(p16) To authorize the construction, operation, or maintenance of any a project by any a person, firm, or corporation, including a political subdivisions subdivision and agencies agency of any a state of the United States.;
(q17) To apply to the appropriate agencies of the State, the United States or any another state, and to any other another proper agency for and to obtain from them permits, licenses, certificates a permit, license, certificate, or approvals approval as may be necessary; and to construct, maintain, and operate the project in accordance with such licenses, permits, certificates a license, permit, certificate, or approvals. approval;
(r18) To appoint officers, agents, employees, and servants to prescribe the duties of such, to fix their compensation, and to determine if and to what extent they shall be bonded for the faithful performance of their duties.;
(s19) To employ engineers, architects, attorneys, appraisers, financial advisors, and or other consultants and or employees as may be required in the judgment of the joint system, and to fix and pay their compensation from funds available to the joint system.;
(t20) To make use of county and state highway rights-of-way in which to lay pipes and lines, in such manner and under such conditions as the appropriate officials in charge of such rights-of-way shall approve.;
(u21) Any joint system shall possess exercise the power of eminent domain in accordance with Section 5-7-50 and Chapter 9 of Title 28 in order, to effectuate the purposes of this chapter and shall exercise such power in accordance with Chapter 9 of Title 28; provided, however, property of corporations organized under Chapter 35 of Title 33 shall not be subject to condemnation by a joint municipal water systems created under the provisions of this chapter. as provided by the laws of this State;
(v22) To, prior to, and in connection with the acquisition of a project, study, plan, finance, own, operate, and maintain the project, and after the acquisition, to study, plan, finance, acquire, construct, reconstruct, improve, enlarge, extend, own, operate, and maintain one or more an additional projects. project;
(w23) To acquire by negotiated purchase or lease an existing project, a project under construction, or other property, either individually or jointly, with one or more municipalities another authority in this State or any other another state owning a water facilities or sewer facility or with any a political subdivisions division or agencies agency of any other another state, or with any other another joint system created pursuant to this chapter.;
(x24) To dispose of by negotiated sale or lease, an existing project, a project under construction, or other property either individually or jointly with one or more municipalities authority in this State or any other another state owning a water facilities or sewer facility or with any a political subdivisions subdivision or agencies agency of any other another state or with any other another joint system created pursuant to this chapter.;
(y25) To fix, charge, and collect rents, rates, fees, and charges for water and other services, facilities or sewage services, and commodities sold, furnished, or supplied through any a project.; and
(z) To negotiate and enter into contracts for the purchase, sale, or use of water with any joint system, municipality, or any political subdivisions or agencies or any a public or private water utility.
(aa 26) To acquire and operate any a water treatment system, or any water distribution system, or sewer system, including the systems system of any a member if the its consent of the member is first obtained and referendum approval is obtained in those instances where required by law.
(bb) To sell water at retail and at wholesale.
Provided, however, that the provisions of (g), (h), (i), (j), (p), (q), (t), (u), (v), (w), (x), (y), (z), (aa), (7), (8), (9), (11), (17), (18), (21), (22), (23), (24), (25), and (26) and (bb) do not apply to a joint system organized solely for the purpose of creating a financing pool.
Section 6-25-110. A joint system may incur debt for any of its purposes and may issue bonds pledging to the payment as to both principal and interest the revenues, or any portion, derived or to be derived from all or any of its projects and any additions and betterments or extensions or contributions or advances from its members or other sources of funds available to it. No A joint system shall may not undertake any a project required to be financed, in whole or in part, with the proceeds of bonds without the approval of the governing bodies of each member which is obligated or to be obligated under any contract for the payment of amounts to be pledged as security therefor and a favorable vote of two-thirds of all commissioners. A joint system formed only for the purpose of creating a financing pool may issue notes in anticipation of the issuance of bonds by its members to the government.
Section 6-25-111. (A) A joint system may issue at one time or from time to time its bonds for the purpose of paying all or any part of the cost of any of the purposes authorized in this chapter. The principal of, premium, if any, and the interest on the bonds are payable solely from the respective funds provided for such payment by this chapter. The bonds of each issue may be sold at public or private sale. The bonds may be sold at a price, and must bear interest at a rate, as may be determined by the commission of the joint system. The bonds of each issue must be dated and must mature in amounts and at times not exceeding fifty years from their respective dates, as may be determined by the commission of the joint system, and may be made redeemable before maturity at a price and under terms and conditions as may be fixed by the commission of the joint system prior to the issuance of the bonds. The commission of the joint system shall determine the form and the manner of execution of the bonds, including any interest coupons to be attached to them, and shall fix the denomination of the bonds and the place of payment of principal and interest, which may be at any bank or trust company within or without the State. In case any officer whose signature or a facsimile of whose signature appears on any bonds or coupons ceases to be an officer before the delivery of the bonds, the signature of the facsimile is nevertheless valid and sufficient for all purposes the same as if he had remained in office until the delivery. The commission of the joint system may also provide for the authentication of the bonds by a trustee or fiscal agent. The bonds may be issued in coupon or in fully registered form, or both, as the commission of the joint system may determine, and provisions may be made for the registration of any coupon bonds as to the principal alone and also as to both principal and interest; and for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of registered and coupon bonds.
(B) The proceeds of the bonds of each issue may be used solely for the purposes for which the bonds are issued, and must be disbursed in a manner and under restrictions, if any, as the commission of the joint system may provide in the resolution authorizing the issuance of the bonds or in any trust agreement securing them. The joint system may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The joint system may also provide for the replacement of any bonds which have become mutilated or have been destroyed or lost.
(C) Bonds may be issued under provisions of this chapter without obtaining the consent or approval of the State or any political subdivision or any agency, commission, or instrumentality of them, but no joint system shall undertake any project required to be financed, in whole or in part, with the proceeds of bonds without the approval of the governing bodies of members as prescribed in Section 6-25-110.
Section 6-25-112. In the discretion of the commission of the joint system, any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the joint system and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. The trust agreement or the resolution providing for the issuance of the bonds may contain provisions for protecting and enforcing the rights and remedies of the bondholders and of the trustees as may be reasonable and proper and not in violation of law, and may restrict the individual right of action by bondholders. The trust agreement or the resolution providing for the issuance of the bonds may contain covenants including, but not limited to, the following:
(a1) the pledge of all or any part of the revenues revenue derived or to be derived from the project to be financed by the bonds or from the water system or facilities of a joint system;
(b2) the rents, rates, fees, and charges to be established, maintained, and collected, and the use and disposal of revenues, gifts, grants, and funds received or to be received by the joint system;
(c3) the setting aside of reserves and the investment, regulation, and disposition of the reserves;
(d4) the custody, collection, securing, investment, and payment of any monies held for the payment of bonds;
(e5) limitations or restrictions on the purposes to which the proceeds of sale of bonds then or thereafter issued may be applied;
(f6) limitations or restrictions on the issuance of additional bonds; the terms upon which additional bonds may be issued and secured; or the refunding of outstanding or other bonds;
(g7) the procedure, if any, by which to amend the terms of any a contract with bondholders may be amended, the percentage of bonds the bondholders of which must consent thereto, and the manner in which the consent may be given;
(h8) events of default and the rights and liabilities arising on default, the terms and conditions upon which bonds a bond issued under this chapter become becomes or may be declared due before maturity, and the terms and conditions upon which the declaration and its consequences may be waived;
(i9) the preparation and maintenance of a budget;
(j10) the retention or employment of engineers, independent auditors, and other technical consultants;
(k11) limitations on or the prohibition of free service to any public or private person;
(l12) the acquisition and disposal of property, but no project or part of a project may be mortgaged by the trust agreement or resolution;
(m13) provisions for insurance and for accounting reports and the inspection and audit of them;
(n14) the continuing operation and maintenance of the project; or
(o15) conditions under which the bonds may be defeased.
Section 6-25-113. The bonds are special obligations of the joint system issuing them. The principal of, premium, if any, and interest on the bonds are not payable from the general funds of the joint system, nor do they constitute a legal or equitable pledge, charge, lien, or encumbrance upon any of its property or upon any of its income, receipts, or revenues, except the funds which are pledged under the resolution authorizing the bonds or the trust agreement securing the bonds. Neither the faith and credit nor the taxing power of the State or any municipality an authority is, or may be, pledged for the payment of the principal of or interest on the bonds, and no holder of the bonds has the right to compel the exercise of the taxing power by the State or any municipality an authority or the forfeiture of any of its property in connection with any default. However, the provisions of this section do not affect the ability of any member county or municipality authority from providing a pledge of all or part of any revenues derived as payments in lieu of taxes with respect to a project. Every bond must recite in substance that the principal of and interest on the bond is payable solely from the revenues and other funds pledged to its payment and that the joint system is not obligated to pay the principal or interest except from such revenues and funds so pledged.
Section 6-25-114. A joint system may provide by resolution for the issuance of refunding bonds of the joint system for the purpose of refunding any bonds then outstanding which have bonds that have been issued under the provisions of this chapter, including the payment of any redemption premium and any interest accrued or to accrue to the date of redemption of the bonds bond. The issuance of the bonds, their maturities, and other details, the rights of their holders, and the rights, duties, and obligations of the joint system in respect to the bonds are governed by the provisions of this chapter which that relate to the issuance of bonds, insofar as the provisions may be appropriate.
Section 6-25-115. (A) A joint system organized only for the purpose of creating a financing pool may issue from time to time its construction notes for the purpose of creating a financing pool and providing funds to defray the cost of administration of the financing pool and the costs of issuance of the construction notes. The principal of, premium if any, and the interest on an issue of construction notes must be payable solely from the proceeds of the construction notes, earning on the proceeds, the proceeds of bonds issued to the government by members of the joint system, financing agreements between the joint system and its members, and such funds and accounts of the joint system as provided by the resolution of the commission authorizing the issuance of such issue of construction notes or a trust agreement securing the issue of construction notes. Each issue of construction notes may be sold at public or private sale. The construction notes may be sold at a price, and must bear interest at a rate, as may be determined by the commission of the joint system. The construction notes of each issue must be dated and must mature in amounts and at times not exceeding two years from their respective dates, as may be determined by the commission of the joint system, and may be made redeemable before maturity at a price and under terms and conditions as may be fixed by the commission of the joint system prior to the issuance of the construction notes. The commission of the joint system shall determine the form and the manner of execution of the construction notes, including any interest coupons to be attached to them, and shall fix the denomination of the construction notes and the place of payment of principal and interest, which may be at any bank or trust company within or without the State. In case any officer whose signature or a facsimile of whose signature appears on any construction note or coupons ceases to be an officer before the delivery of the construction notes, the signature of the facsimile is nevertheless valid and sufficient for all purposes the same as if he had remained in office until the delivery. The commission of the joint system may also provide for the authentication of the construction notes by a trustee or fiscal agent. The construction notes may be issued in bearer or in fully registered form, or both, as the commission of the joint system may determine.
(B) The proceeds of the construction notes of each issue may be used solely for the purposes for which the construction notes are issued, and must be disbursed in a manner and under restrictions, if any, as the commission of the joint system may provide in the resolution authorizing the issuance of the construction notes or in any trust agreement securing them. The joint system may also provide for the replacement of any construction notes which have become mutilated or have been destroyed or lost.
(C) The proceeds of the construction notes must be applied solely to the costs of issuance thereof, the cost of administration of the joint system, to capitalized interest on the notes, and to create a financing pool.
(D) Monies Money in a financing pool may be loaned to members of the joint system upon such terms and conditions as are set forth by the resolution of the commission authorizing construction notes issued to provide funds for the financing pool or a trust agreement securing the issue of construction notes, provided, however, that the loan made from the financing pool may be only made upon the delivery by the borrower of such funds of a letter of commitment from the government to provide permanent financing for the capital project to be initially financed by the loan.
(E) All A construction notes note must be a special obligations obligation of the joint system by which they are issued that issued the note, and the full faith, credit, and the taxing power of neither this State nor any of and its political subdivisions may not be pledged for these notes. All construction notes shall include a legend substantially similar to the following:
THIS NOTE IS A SPECIAL AND LIMITED OBLIGATION OF (NAME OF JOINT SYSTEM), A BODY CORPORATE AND POLITIC OF THE STATE OF SOUTH CAROLINA. THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THIS NOTE IS NOT PAYABLE FROM THE GENERAL FUNDS OF THE (NAME OF JOINT SYSTEM), NOR DOES IT CONSTITUTE A LEGAL OR EQUITABLE PLEDGE, CHARGE, LIEN, OR ENCUMBRANCE UPON ANY OF ITS PROPERTY OR UPON ANY OF ITS INCOME, RECEIPTS, OR REVENUES, EXCEPT THE FUNDS WHICH ARE PLEDGED UNDER THE RESOLUTION AUTHORIZING THE ISSUANCE OF THIS NOTE OR THE TRUST AGREEMENT SECURING THIS NOTE. THIS NOTE DOES NOT CONSTITUTE A DEBT, LIABILITY, OR OTHER OBLIGATION OF THE STATE OF SOUTH CAROLINA, OR ANY POLITICAL SUBDIVISION OF IT. THE (NAME OF JOINT SYSTEM) IS NOT OBLIGATED TO PAY THIS NOTE OR THE INTEREST HEREON EXCEPT FROM THE REVENUES, FUNDS, AND ASSETS PLEDGED THEREFOR THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE STATE OF SOUTH CAROLINA. THE (NAME OF JOINT SYSTEM) OR ITS MEMBER ENTITIES IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS NOTE. NO HOLDER OF THIS NOTE HAS THE RIGHT TO COMPEL THE EXERCISE OF THE TAXING POWER BY THE STATE OR ANY POLITICAL SUBDIVISION OF IT OR THE FORFEITURE OF ANY OF ITS PROPERTY IN CONNECTION WITH ANY DEFAULT.
(F) A construction notes note may be issued under provisions of pursuant to this chapter without obtaining the consent or approval of the this State or any its political subdivision, or any an agency, commission, or instrumentality of them of this State, but such a construction notes note may not be issued without the prior approval of a majority of the commissioners of the joint system present and voting at a duly called meeting of it. No A member is not liable for any payments a payment in respect of any a construction notes note issued by a joint system except with the approval of the governing body of the member, by resolution or ordinance of the governing body of the member.
(G) In the discretion of the commission of the joint system, any construction notes issued under the provisions of this chapter may be secured by a trust agreement by and between the joint system and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. The trust agreement or the resolution providing for the issuance of the construction notes may contain provisions for protecting and enforcing the rights and remedies of the holders of the construction notes and of the trustees as may be reasonable and proper and not in violation of law, and may restrict the individual right of action by holders of construction notes. The trust agreement or the resolution providing for the issuance of the construction notes may contain covenants including, but not limited to, the following:
(1) the pledge of the proceeds of the construction notes, earnings on the proceeds, the proceeds of bonds issued to the government by members of the joint system, agreements between the joint system and its members, and the funds and accounts of the joint system;
(2) the terms and conditions of loans to be made from the financing pool;
(3) the setting aside of reserves and the investment, regulation, and disposition of the reserves;
(4) the custody, collection, securing, investment, and payment of any monies held for the payment of construction notes;
(5) limitations or restrictions on the purposes to which the proceeds of sale of construction notes then or thereafter issued may be applied;
(6) limitations or restrictions on the issuance of additional construction notes, the terms upon which additional construction notes may be issued and secured, or the refunding of outstanding or other construction notes;
(7) the procedure, if any, by which the terms of any contract with holders of construction notes may be amended, the percentage of construction notes the holders of which must consent to, and the manner in which the consent may be given;
(8) events of default and the rights and liabilities arising on default, the terms and conditions upon which construction notes issued under this chapter become or may be declared due before maturity, and the terms and conditions upon which the declaration and its consequences may be waived;
(9) the retention or employment of financial advisors, attorneys, independent auditors, and other technical consultants;
(10) provisions for insurance and for accounting reports and the inspection and audit of them; or
(11) conditions under which the construction notes may be defeased or redeemed.
Section 6-25-120. In borrowing money or the issuance of bonds or notes, construction notes, or other obligations, there may not be pledged the full faith, credit, or taxing power of any member of the joint system, but A joint system may not pledge the full faith, credit or taxing power of its members when borrowing money or issuing a bond, note, or other obligation. Only revenues and other funds available to the joint system must may be used to pay or pledged to the payment repayment of any notes, obligations, or bonds.
Section 6-25-125. The A joint system may fix, charge, and collect rents, rates, fees, and charges for water and other its services, related to the impounding, production, treatment, transmission, distribution, sale, and service of water. For so long as any bonds of a joint system are outstanding and unpaid, the rents, rates, fees, and charges are must be fixed to provide revenues at least sufficient, together with other available funds, to pay all costs of and charges and expenses in connection with the proper operation and maintenance of its projects, and all necessary repairs, replacements, or renewals; to pay when due the principal of, premium, if any, and interest on all bonds payable from the revenues; to create and maintain reserves and comply with covenants as may be required by any resolution or trust agreement authorizing and securing bonds; and to pay any and all amounts which the joint system may be obligated to pay from the revenues by law or contract.
Any A pledge made by a joint system pursuant to this chapter is valid and binding from the date the pledge is made. The revenues, securities, and other monies so pledged and then held or thereafter received by the joint system or any fiduciary is immediately subject to the lien of the pledge without any physical delivery or further act, and the lien of the pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the municipality authority or joint system without regard to whether the parties have notice.
Section 6-25-126. The resolution authorizing the bonds or construction notes of any issue or the trust agreement securing the bonds or construction notes may provide that any of the monies may be temporarily invested and reinvested pending disbursements and the securities and other investments provided in the resolution or trust agreement, and must provide that any bank or trust company with which the monies are deposited shall act as trustee of the monies and shall hold and apply them for the purposes of this chapter, subject to regulation as this chapter and the resolution or trust agreement may provide.
Section 6-25-127. Any holder of bond or construction notes issued under the provisions of this chapter or any of the coupons appertaining to them, and the trustee under any trust agreement, except to the extent the rights given by this chapter may be restricted by the trust agreement or the resolution authorizing the issuance of the bonds or construction notes, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of the State or granted under this chapter, or, to the extent permitted by law, under the trust agreement or resolution authorizing the issuance of the bonds or under any agreement or other contract executed by the joint system pursuant to this chapter, and may enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by any joint system or municipality authority or by their officers, including the fixing, charging, and collecting of rents, fees, and charges.
Section 6-25-128. Any municipality An authority may contract to buy from the joint system water required for its present or future requirements, including the capacity and output, or a portion or share of one or more specified projects. An authority may also contract for the collection or treatment of wastewater, including present or future capacity, or a portion or share of another project. As The creation of a joint system is an alternative method whereby a municipality an authority may obtain the benefits and assume the responsibilities of ownership in a project, any so a contract may provide that the municipality so contracting authority forming the contract is obligated to make the payments a payment required by the contract whether or not a project is completed, operable, or operating notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the water contracted for, and that the payments under the contract are not subject to any reduction, whether by offset or otherwise, and are not conditioned upon the performance or nonperformance of the joint system or any other members member of the joint system under the contract or any other instrument. Any A contract with respect to the sale or purchase of capacity or output, or a portion or share of them, of a project entered into between a joint system and its member municipalities authorities may also may provide that if one or more of the municipalities an authority or authorites default in the payment of its or their obligations with respect to the purchase of the capacity or output, or a portion or share of them, in that event the remaining member municipalities authorities which are purchasing capacity and output under the contract are required to accept and pay for and are entitled proportionately to and may use or otherwise dispose of the capacity or output which was to be purchased by the defaulting municipality authority.
Any contracts with respect to A contract concerning the sale or purchase of capacity and output from a project may extend for a period not exceeding fifty years from the date of the contract and may be renewable and extended upon terms as the parties may agree for not exceeding an additional fifty years; and the execution and effectiveness is not subject to any authorizations or approvals by the State or any agency, commission, or instrumentality or political subdivision of them.
Payments by a municipality an authority under any a contract for the purchase of capacity and output from a joint system may be made from the revenues derived from the ownership and operation of the water system of the municipality authority or from such other sources of funds as may be available, including any amounts received as payments in lieu of taxes. However, No municipality An authority may not pledge its full faith, credit, and taxing power to secure its obligations to the joint system or the bonds of the joint system. A municipality An authority is obligated to fix, charge, and collect rents, rates, fees, and charges for water and other or sewer services, facilities, and commodities sold, furnished, or supplied through its water or sewer system sufficient to provide revenues adequate to meet its obligations under any contract and to pay any and all other amounts payable from or constituting a charge and lien upon the revenues, including amounts sufficient to pay the principal of and interest on general obligation bonds, if any, heretofore or hereafter issued by the municipality authority for purposes related to its water or sewer system.
Any municipality which An authority that is a member of a joint system may furnish the joint system with money derived from the ownership and operation of its water or sewer system or facilities and provide the joint system with personnel, equipment, and property, both real and personal, and from any other sources legally available to it for such purposes. Any municipality An authority may also provide any services to a joint system.
Any A member of a joint system may contract for, advance, or contribute funds derived from the ownership and operation of its water or sewer system or facilities or from any other sources legally available to it another legal source to a joint system as may be agreed upon by the joint system and the member, and the joint system shall repay the advances or contributions from the proceeds of bonds, from operation revenues operating revenue, or from any other funds of the joint system, together with interest as may be agreed upon by the member and the joint system.
Section 6-25-129. A joint system is an instrumentality of local government, and is authorized by this chapter exclusively for the performance of governmental functions, and the income of a joint system is exempt from state taxes.
Section 6-25-130. Personnel employed or appointed by a member to work for a joint system shall have the same authority, rights, privileges, and immunities including coverage under the Workers' Compensation laws which the officers, agents, and employees of the appointing member enjoy within the territory of that member whether within or without the territory of the appointing member when they are acting within the scope of their authority or in the course of their employment.
Personnel employed or appointed directly by a joint system shall be qualified for participation in the South Carolina Retirement System with the same rights, privileges, obligations, and responsibilities as they would have if they were employees of a municipality an authority, if they are residents of this State.
Section 6-25-131. None of The income, profits profit, or assets of a joint system may not inure to the benefit of any an individual or private entity, except for a joint authority water and sewer system created under this chapter.
Section 6-25-140. There shall be an annual audit of each joint system and reports given to the governing body of each of the members. The costs shall be considered as part of the construction costs or part of expenses of administration.
Section 6-25-145. It is lawful for any executor, administrator, guardian, committee, or other fiduciary to invest any monies in his hand in bonds and construction notes issued under the provisions of this chapter.
Section 6-25-150. The commission of any joint system may make application for grants and enter into contracts for and accept grants in aid and loans from the federal and state governments and their agencies in connection with the planning, acquiring, constructing, expanding, maintaining, and operating any project, or participating in any research or development program in connection therewith. The commission may agree to comply with any reasonable conditions which are imposed upon such grants, loans, or aids, and may accept such without a contract.
Section 6-25-155. Whether or not the bonds and interest coupons appertaining to them and construction notes are of a form and character as to be investment securities under Chapter 8 of Title 36, all bonds and interest coupons appertaining to them and construction notes issued under this chapter are hereby made investment securities within the meaning of and for all the purposes of Chapter 8 of Title 36, subject only to the provisions of the bonds and construction notes pertaining to registration.
Section 6-25-160. The principal and interest on the bonds, notes, construction notes, or other evidences of indebtedness issued pursuant to this chapter have the tax-exempt status prescribed by Section 12-2-50.
Section 6-25-170. The provisions of this chapter must be liberally construed."
SECTION 2. 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 chapter, 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.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3291 (Word version) -- Reps. Knight, Alexander, Branham, Brantley, G. Brown, Cobb-Hunter, Dantzler, Harrell, Hart, Harvin, Howard, McLeod, Miller, Moss, Ott, Rice, Sellers, Stavrinakis, Witherspoon, Young and Chellis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT MILE MARKER 77 ALONG INTERSTATE HIGHWAY 95 IN DORCHESTER COUNTY THE "JOHN TYE HEATH HILL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "JOHN TYE HEATH HILL INTERCHANGE".
The Concurrent Resolution was adopted, ordered returned to the House.
Senator PATTERSON desired to be recorded as voting against the adoption of the Resolution.
H. 3987 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 23, 2007, IMMEDIATELY FOLLOWING THE ELECTION OF A SUCCESSOR TO A CERTAIN SEAT OF THE SUPREME COURT AND COURT OF APPEALS AND SUCCESSORS TO CERTAIN SEATS OF CIRCUIT COURTS, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2007, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
Senator CAMPSEN proposed the following amendment (3987R001), which was adopted:
Amend the concurrent resolution, as and if amended, by adding an appropriately numbered new item to read:
/ ( ) That immediately following the elections for the board of trustees, the House of Representatives and the Senate shall continue in joint assembly for the purpose of electing members of the Legislative Audit Council to succeed those members whose terms expire in 2007, or whose positions otherwise must be filled, and to elect a successor to the unexpired portion of the term of the Honorable Dill Blackwell, deceased, member of the Legislative Audit Council, whose term expires on May 10, 2009; and /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House.
S. 638 (Word version) -- Senators Campsen, Fair, Bryant, Vaughn, Hawkins, Alexander, Grooms, Sheheen, Setzler, Cromer, McConnell, Land, Verdin, Peeler, Hayes, Ritchie, Anderson, Thomas, Scott, Martin, Knotts and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-160 SO AS TO ENACT THE "SOUTH CAROLINA PUBLIC PRAYER AND INVOCATION ACT" TO ALLOW A GOVERNING BODY OF A STATE OR LOCAL GOVERNMENT TO ADOPT, BY ORDINANCE OR RESOLUTION, A POLICY THAT PRESERVES THE TRADITION OF SOLEMNIZING PUBLIC PROCEEDINGS BY ALLOWING FOR AN OPENING INVOCATION USING ONE OF THREE METHODS AND TO DEFINE "PUBLIC INVOCATION" AND "DELIBERATIVE PUBLIC BODY".
Senator HUTTO objected to further consideration of the Bill.
H. 3267 (Word version) -- Reps. G.M. Smith, Cotty, Delleney, McLeod, Simrill and Weeks: A BILL TO AMEND SECTION 14-5-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS AND ADDITIONAL AT-LARGE JUDGES, SO AS TO INCREASE THE NUMBER OF AT-LARGE CIRCUIT COURT JUDGES FROM THIRTEEN TO SIXTEEN; TO AMEND SECTION 20-7-1410, AS AMENDED, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO INCREASE THE NUMBER OF FAMILY COURT JUDGES IN THE FIFTH, SEVENTH, AND SIXTEENTH CIRCUITS BY ONE ADDITIONAL JUDGE.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Judiciary Committee proposed the following amendment (JUD3267.003), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 20-21 in their entirety and inserting therein the following:
/ COURT JUDGES BY ADDING THREE AT-LARGE JUDGES./
Amend the bill further, as and if amended, page 2, by striking lines 37-43 in their entirety and inserting therein the following:
/ B. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the judicial offices authorized by this Section, 14-5-610, at the next available screening date, and the General Assembly shall then elect these judges from the nominees of the commission. /
Amend the bill further, as and if amended, pages 3-4, by striking Section B in its entirety (page 3, lines 41-43, and on page 4, lines 1-4), and inserting therein the following:
/ B. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the judicial offices authorized by this Section, 20-7-1410, at the next available screening date, and the General Assembly shall then elect these judges from the nominees of the commission. /
Amend the bill further, as and if amended, page 4, by striking SECTION 3, lines 6-36, in its entirety.
Amend the bill further, as and if amended, page 4, by striking line 38 in its entirety and inserting therein the following:
/ SECTION 4. This act takes effect July 1, 2007, the next fiscal year. /
Renumber sections to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
On motion of Senator HUTTO, with unanimous consent, the Bill was carried over, as amended.
S. 584 (Word version) -- Senators Campsen, Bryant, Hayes, Williams, Cromer, Elliott, Thomas, Mescher, Verdin, Martin and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-240 TO ENACT THE "FAMILY COURT FINANCIAL PRIVACY ACT" SO AS TO PROVIDE THAT A FINANCIAL DECLARATION MADE A PART OF THE RECORD IN A MATTER BEFORE THE FAMILY COURT MUST BE SEALED, TO PROVIDE ACCESS TO A FINANCIAL DECLARATION UPON REQUEST ONLY BY THE PARTIES, THE COURT AND PERSONNEL OF THE COURT, AND THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES, AND TO PROHIBIT OTHER ACCESS EXCEPT UPON ORDER OF THE COURT FOR GOOD CAUSE SHOWN; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT FINANCIAL DECLARATIONS IN MATTERS BEFORE THE FAMILY COURT EXCEPT ON ORDER OF THE COURT FOR GOOD CAUSE SHOWN.
Senator CAMPSEN asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators CAMPSEN, RITCHIE and SETZLER proposed the following amendment (JUD0584.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting therein the following:
/ SECTION 1. This act may be cited as the "Family Court Financial Privacy Act".
SECTION 2. Article 1, Chapter 3, Title 20 of the 1976 Code is amended by adding:
"Section 20-3-240. (A) For purposes of this subsection, 'financial declaration forms' means financial declaration forms and all attached statements.
(B) The clerk of court shall seal the financial declaration forms that are made a part of the court record in any matter before the family court. In the pending action or a subsequent action involving any party to the pending action, the parties, their attorneys, the family court judge and the judge's staff, the clerk of court and the clerk's staff, and the Child Support Enforcement Division of the Department of Social Services shall be granted access to the financial declaration forms upon request to the clerk of court without filing any motion. No other person shall unseal or be granted access to a financial declaration form except on order of the court upon good cause shown.
(C) No cause of action may be brought against a clerk of court or the clerk's staff for granting access to financial declaration forms made a part of the court record in any matter before the family court to a person other than described in subsection (B) of this section unless the granting of such access was willful, knowing, reckless, or grossly negligent."
SECTION 2. Section 30-4-40 of the 1976 Code, as last amended by Act 380 of 2006, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) Financial declaration forms and all attached statements that are made a part of the court record in any matter before the family court are exempt from disclosure except as provided for in Section 20-3-240."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
On motion of Senator MALLOY, with unanimous consent, the Bill was carried over, as amended.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 277 (Word version) -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-830 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 385 IN LAURENS COUNTY BETWEEN MILE MARKERS 7 AND 11.
The House returned the Bill with amendments.
On motion of Senator VERDIN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 355 (Word version) -- Senators Grooms, Richardson, Verdin, Campsen and Vaughn: A BILL TO AMEND SECTION 1-30-105 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE COMMISSION IS ABOLISHED AND THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS A BOARD AS PROVIDED BY LAW; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF CERTAIN OFFICIALS FROM OFFICE, SO AS TO PROVIDE THAT A DEPARTMENT OF TRANSPORTATION BOARD MEMBER MAY BE REMOVED BY THE GOVERNOR FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY; TO AMEND CHAPTER 1, TITLE 57, RELATING TO THE DEPARTMENT OF TRANSPORTATION, SO AS TO RECONSTITUTE THE COMMISSION AS A BOARD, TO PROVIDE THAT THE BOARD SHALL BE COMPOSED OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR, SCREENED BY THE JOINT TRANSPORTATION REVIEW COMMITTEE, AND SUBJECT TO THE ADVICE AND CONSENT OF THE SENATE, TO ESTABLISH THE LENGTH OF TERMS THAT BOARD MEMBERS MAY SERVE, AND DEFINE THE POWERS AND DUTIES OF THE BOARD, TO PROVIDE THAT THE BOARD EMPLOYS AN EXECUTIVE DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD, AND TO PROVIDE THAT THE BOARD EMPLOYS A CHIEF HIGHWAY ENGINEER WHO MAY BE REMOVED BY THE BOARD FOR MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY AND WHO, IN CONJUNCTION WITH THE BOARD, MUST CREATE THE STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP); AND BY ADDING ARTICLE 7 TO CHAPTER 1 OF TITLE 57, SO AS TO CREATE THE JOINT TRANSPORTATION REVIEW COMMITTEE AND TO PROVIDE FOR THE MANNER IN WHICH DEPARTMENT OF TRANSPORTATION BOARD MEMBERS ARE SCREENED.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 1 (355R058.GFM) proposed by Senator McCONNELL and previously printed in the Journal of Tuesday, May 1, 2007.
Senator ELLIOTT argued contra to the adoption of the amendment.
At 12:14 P.M., with Senator ELLIOTT retaining the floor, Senator MARTIN moved under the provisions of Rule 15A to set a time certain of 12:29 P.M. to vote on the entire matter of S. 355.
Senator LEVENTIS objected.
Senator LAND argued contra to the adoption of the amendment.
With Senator LAND retaining the floor, Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bryant Campsen Cleary Courson Cromer Drummond Elliott Fair Ford Grooms Hawkins Hayes Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Martin Matthews McConnell McGill Moore O'Dell Patterson Peeler Pinckney Reese Ritchie Ryberg Scott Setzler Sheheen Short Thomas Vaughn Verdin Williams
A quorum being present, the Senate resumed.
Senator ELLIOTT resumed arguing contra to the adoption of the amendment.
At 12:25 P.M., Senator MARTIN moved under the provisions of Rule 15A to set a time certain of 12:40 P.M. to vote on the entire matter of S. 355.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryant Campsen Cleary Courson Cromer Fair Grooms Hawkins Hayes Martin Peeler Ritchie Ryberg Vaughn Verdin
Anderson Drummond Elliott Ford Hutto Jackson Knotts Land Leatherman Leventis Lourie Malloy Matthews McConnell McGill Moore O'Dell Patterson Pinckney Reese Scott Setzler Sheheen Short Williams
Having failed to receive the necessary vote, the motion under Rule 15A failed.
On motion of Senator McCONNELL, consideration was interrupted by adjournment.
Having received a favorable report from the Newberry County Delegation, the following appointments were confirmed in open session:
Reappointment, Newberry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Ronald C. Halfacre, 1810 Harper Street, Newberry, S.C. 29108
Reappointment, Newberry County Magistrate, with term to commence April 30, 2007, and to expire April 30, 2011
Arthur L. Jayroe, Jr., P. O. Box 95, 421 Pomaria Street, Little Mountain, S.C. 29075
Having received a favorable report from the Williamsburg County Delegation, the following appointments were confirmed in open session:
Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
James E. Doster, Jr., P. O. Box 416, Hemingway, S.C. 29554
Reappointment, Williamsburg County Magistrate, with term to commence April 30, 2006, and to expire April 30, 2010
Delores Franklin Williams, 4804 Nesmith Road, Nesmith, S.C. 29580
Having received a favorable report from the Committee on Agriculture and Natural Resources, the following appointments were confirmed in open session:
Initial Appointment, South Carolina Mining Council, with term to commence June 30, 2006, and to expire June 30, 2010
Mining Industry:
Roy P. Duckett, Jr., Kennecott Minerals Ridgeway Mining Co., 227 Summer Road, Ridgeway, S.C. 29130 VICE Donald Babb
Initial Appointment, Central Drought Response Committee, with term to commence March 1, 2004, and to expire March 1, 2008
Private water supplier:
Brad C. Powers, Blue Ridge Rural Water Co., 2241 Fews Chapel Road, Greer, S.C. 29651
Having received a favorable report from the Committee on Banking and Insurance, the following appointment was confirmed in open session:
Reappointment, South Carolina State Board of Financial Institutions, with term to commence June 30, 2006, and to expire June 30, 2010
SC Bankers Association - Banker:
Barry L. Slider, First South Bank, 1450 John B. White Blvd., Spartanburg, S.C. 29306
Having received a favorable report from the Committee on Education, the following appointments were confirmed in open session:
Reappointment, South Carolina Arts Commission, with term to commence June 30, 2006, and to expire June 30, 2009
At-Large:
Linda C. Stern, 2134 Bermuda Hills Rd., Columbia, S.C. 29223
Initial Appointment, South Carolina Public Charter School District Board of Trustees
South Carolina Assn. of Public Charter Schools, with term to commence May 3, 2007, and to expire May 3, 2010
Joseph Edward McMullen, 9 Fisher Road, Greenville, S.C. 29615
Initial Appointment, South Carolina Public Charter School District Board of Trustees, with term to commence May 3, 2007, and to expire May 3, 2008
Governor:
Lawrence C. Kobrovsky, Law Office of Lawrence Kobrovsky, 123 Meeting Street, Charleston, S.C. 29401
Having received a favorable report from the Committee on Judiciary, the following appointments were confirmed in open session:
Reappointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2007, and to expire June 30, 2011
2nd Congressional District:
Mary M. Amonitti, 651 Queens Grant, Hilton Head, S.C. 29928
Initial Appointment, Solicitor, with term to commence November 16, 2006, and to expire January 14, 2009
16th Judicial Circuit:
Kevin S. Brackett, 198 South Downs Way, Fort Mill, S.C. 29708 VICE Thomas E. Pope
Initial Appointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2005, and to expire June 30, 2009
At-Large:
Chief Louie C. Chavis, 125 May Morning Drive, Lexington, S.C. 29073 VICE Jerry Finney
Reappointment, South Carolina State Commission for Minority Affairs, with term to commence June 30, 2007, and to expire June 30, 2011
6th Congressional District:
Rev. Eddie Clay Guess, P. O. Box 7424, Columbia, S.C. 29202
Initial Appointment, South Carolina State Commission for Minority Affairs, with term to commence April 30, 2007, and to expire April 30, 2011
4th Congressional District:
S. Richard Hagins, 129 High Crest Court, Simpsonville, S.C. 29681 VICE Ruben Montalvo
Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 2005, and to expire October 18, 2009
At-Large:
Dr. Toney C. Parks, 11 Bushberry Way, Greer, S.C. 29650 VICE Dr. Leon Ginsberg
Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2005, and to expire June 30, 2010
At-Large:
George Carlton Manley, The Manley Co., Inc. of Simpsonville, 111 Gatewood Ave., Simpsonville, S.C. 29681 VICE Gregory Harris (resigned)
Initial Appointment, South Carolina State Human Affairs Commission, with term to commence June 30, 2006, and to expire June 30, 2009
3rd Congressional District:
Collette R. Ball, 331 Forest Pines Road, Aiken, S.C. 29801 VICE William C. Price
Reappointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 2007, and to expire June 30, 2011
At-Large:
Mollie D. Taylor, 3618 Sunset Blvd., Suite B, West Columbia, S.C. 29169
Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 2006, and to expire June 30, 2009
1st Congressional District:
Donald E. Andersen, 1519 Forest View Drive, Conway, S.C. 29527 VICE Burnett Mendelsohn
Initial Appointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2004, and to expire June 30, 2008
2nd Congressional District:
Chester D. Palmer, 2889 Windmill Way, Orangeburg, S.C. 29118 VICE Virginia Austin Allen
On motion of Senator COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Hugh McMaster Chapman of Atlanta, Georgia, and originally from Spartanburg, S.C., who was known for his unwavering love for his family, his uncommon devotion to his friends, his influential leadership in the banking community and his remarkable commitment to civic contribution.
At 12:28 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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