Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Most merciful God, we close the doors of the world around to pause at this shrine of prayer in recognition of Your sovereignty. May the knowledge of our failures not defeat us, but rather prove to be steppingstones to our better selves. Make of us builders of concord which shall make rough places smooth and deep ruts level, and of bridges of understanding which shall span chasms now separating Your children and over which glad and eager feet shall tread to and fro in a world of peace and brotherly love.
Give us these virtues to inspire us to ever greater advances and achievements. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Document No. 1183
Promulgated By Costal Council
Beach/Dune Critical Area Management
Referred to House Committee on Agriculture and Natural Resources
Resubmitted May 2, 1990
Revised expiration date May 23, 1990
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1240 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION OF STATE AGENCIES UNLESS REAUTHORIZED, SO AS TO PROVIDE A SCHEDULE OF TERMINATION DATES THROUGH 1995.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1411 -- Senator Williams: A BILL TO AMEND TITLE 1, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO CREATE THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, PROVIDE FOR ITS COMPOSITION AND THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES, PROVIDE FOR ITS DUTIES, AND AUTHORIZE THE COMMISSION TO APPOINT AN EXECUTIVE DIRECTOR.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4910 -- Rep. Sheheen: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.
Ordered for consideration tomorrow.
Rep. DAVENPORT, from the Spartanburg Delegation, submitted a favorable report, with amendments, on:
H. 4771 -- Rep. Wells: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING AT PARTICULAR LOCATIONS, BY ADDING ARTICLE 13 SO AS TO ESTABLISH NO WAKE ZONES AND TO RESTRICT NAVIGATION, THE SIZE OF WATERCRAFT, WATERCRAFT ENGINE SIZE, AND WATERSKIING AND SWIMMING ON LAKES WILLIAM C. BOWEN AND H. TAYLOR BLALOCK IN SPARTANBURG COUNTY, AND TO PROVIDE A PENALTY.
On motion of Rep. DAVENPORT, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 4771 -- Rep. Wells: A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOATING AND SURFING AT PARTICULAR LOCATIONS, BY ADDING ARTICLE 13 SO AS TO ESTABLISH NO WAKE ZONES AND TO RESTRICT NAVIGATION, THE SIZE OF WATERCRAFT, WATERCRAFT ENGINE SIZE, AND WATERSKIING AND SWIMMING ON LAKES WILLIAM C. BOWEN AND H. TAYLOR BLALOCK IN SPARTANBURG COUNTY, AND TO PROVIDE A PENALTY.
Rep. WELLS proposed the following Amendment No. 1 (Doc. No. 1773X), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 25, Title 50 of the 1976 Code is amended by adding:
Section 50-25-1310. On Lakes William C. Bowen and H. Taylor Blalock in Spartanburg County:
(1) There is established a no wake zone within three hundred feet of all bridges and public docks. No wake zones must be clearly marked with signs. The signs must be designed and installed by the South Carolina Wildlife and Marine Resources Department.
(2) No watercraft of any type may be operated within five hundred feet of any pump station, water intake of a dam, or spillways. These restricted areas must be clearly marked with signs. Signs must be designed and installed by the South Carolina Wildlife and Marine Resources Department.
(3) No watercraft may operate or anchor within one hundred fifty feet of public fishing piers.
(4) No sailing craft with a mast height in excess of thirty feet is permitted to operate.
(5) No wading, bathing, or swimming is permitted within two hundred feet of any public landing, bridge, or restricted area. These restricted areas must be clearly marked with signs. The signs must be designed and installed by the South Carolina Wildlife and Marine Resources Department.
(6) The lake wardens, at their discretion, may limit entrance of watercraft onto the lakes via the public landings when conditions such as overcrowding or adverse weather create an unsafe boating environment.
Section 50-25-1320. On Lake William C. Bowen:
(1) No watercraft with an outboard motor having a horsepower rating in excess of one hundred fifteen horsepower is permitted.
(2) No watercraft with an outboard motor in excess of the United States Coast Guard rating, with Coast Guard rating plate missing or changed, is permitted.
(3) No watercraft powered by an outdrive or inboard motor having an engine automotive horsepower rating in excess of one hundred eighty horsepower is permitted. This restriction does not apply to towboats which have been approved by the American Waterski Association.
Section 50-25-1330. On Lake H. Taylor Blalock, no watercraft with an engine greater than fifteen horsepower may operate unless:
(1) the gas line has been disconnected and the engine or prop is trimmed out of water, and
(2) an electric trolling motor or engine of fifteen horsepower or less is mounted but pontoon boats with a length greater than sixteen feet may utilize motors not greater than thirty-five horsepower.
Section 50-25-1340. On Lake H. Taylor Blalock, it is unlawful to waterski, or tow rafts, discs, or any other similar floating devices.
Section 50-25-1350. On Lake William C. Bowen it is unlawful to:
(1) waterski or tow rafts, discs, or other similar floating devices within three hundred feet of any bridge or within one hundred feet of public dock facilities of the Spartanburg Water System;
(2) waterski and tow rafts, discs, or other similar floating devices upstream and west of the Interstate Highway 26 bridge which crosses over Lake William C. Bowen;
(3) pull more than two skiers at one time from any boat or to waterski while carrying one or more persons piggyback.
Section 50-25-1360. The South Carolina Wildlife and Marine Resources Department, after consultation with the Spartanburg Water System, by special permit, may waive the restrictions and provisions of Section 50-25-1310 through 50-25-1350 to allow for boat testing, water and ski shows, and similar activities. It is unlawful to violate the terms and conditions of the permit.
Section 50-25-1370. A person violating a provision of this article is guilty of a misdemeanor and must be punished as provided in Section 50-1-130."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 4771 be read the third time tomorrow.
Rep. KINON moved that when the House adjourns it adjourn in memory of Holmes Bell of Dillon, which was agreed to.
The following was introduced:
H. 5080 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION RECOGNIZING THE DEDICATED PUBLIC SERVICE AND CONTRIBUTIONS OF MR. RICHARDS TODD AS ASSISTANT DIRECTOR OF THE LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY AND WISHING HIM MUCH HAPPINESS IN HIS RETIREMENT.
Whereas, for many years Richards Todd has faithfully assisted the members of the Senate and the House of Representatives as attorney in the Legislative Council and as the Council's Assistant Director since 1987; and
Whereas, Richards has been most helpful to the members in his drafting and preparation of legislation, his legal and legislative research, and his excellent advice and counsel; and
Whereas, he has been a good friend to all of us the entire time he has been here, and we highly regard him as a good man with a wonderful sense of humor--a person of warmth, sincerity, dedication, and loyalty; and
Whereas, he has indicated his intention to retire from service in state government on June 30, 1990; and
Whereas, we regret very much that Richards is leaving and want him to know that we have prized his service in the Council as well as his friendship. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, recognize the dedicated public service and contributions of Richards Todd as Assistant Director of the Legislative Council and wish him much happiness in his retirement.
Be it further resolved that a copy of this resolution be forwarded to Mr. Richards Todd.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5081 -- Reps. T. Rogers, Waites, McBride, Faber, J. Brown, Taylor and Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE STEPHEN K. BENJAMIN, THE 1990-91 UNIVERSITY OF SOUTH CAROLINA STUDENT BODY PRESIDENT, UPON RECEIVING THE KELLY ALEXANDER, SR., MEMORIAL AWARD, THE HIGHEST AWARD GIVEN BY THE NAACP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5082 -- Reps. T. Rogers, M.D. Burriss, Harrison, J. Brown, Faber, McBride, Waites and Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE THE EAU CLAIRE HIGH SCHOOL ACADEMIC BOWL TEAM FOR WINNING RICHLAND SCHOOL DISTRICT 1 ACADEMIC BOWL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 5079 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1254, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Barber Barfield Beasley Blackwell Boan Brown, H. Brown, J. Brown, R. Bruce Burriss, T.M. Carnell Clyborne Cole Cooper Corbett Cork Davenport Derrick Elliott Faber Fair Fant Farr Felder Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harwell Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Stoddard Taylor Tucker Vaughn Waites Washington Wells Whipper Wilder Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on May 3, 1990.
Ronald P. Townsend Robert O. Kay C.D. Chamblee John Snow John Williams Michael Baxley T.T. Mappus L. Edward Bennett Grady Brown Terry Haskins E.B. McLeod Paul Burch Harriet Keyserling Dave C. Waldrop, Jr. Mickey Burriss Kenneth Bailey Joseph McElveen Timothy Wilkes Thomas E. Huff Rick Quinn Samuel R. Foster Roland S. Corning Larry Gentry George H. Bailey C. Lenoir Sturkie C. Alex Harvin, III
STATEMENTS OF ATTENDANCE
Reps. T.M. BURRISS and McELVEEN signed a statement with the Clerk that they came in after the roll call and were present for the Session on Wednesday, May 2.
Announcement was made that Dr. Frank Young of West Columbia is the Doctor of the Day for the General Assembly.
The following Bills were passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1568 -- Senator Nell W. Smith: A BILL TO APPROVE THE DISSOLUTION OF THE EAST CLEMSON WATER DISTRICT, A SPECIAL PURPOSE DISTRICT IN PICKENS COUNTY, AND TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE SYSTEM AND THE DISTRICT'S ASSETS TO THE CITIES OF CLEMSON AND CENTRAL, SOUTH CAROLINA.
S. 927 -- Senators J. Verne Smith, Leatherman, McLeod, Nell W. Smith, Peeler, Long, Matthews and Giese: A BILL TO AMEND SECTION 44-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR THE PAYMENT OF AN INITIAL APPLICATION FEE, TO CHANGE THE TIME DURING WHICH AN APPLICANT IS REQUIRED TO PUBLISH NOTICE OF HIS APPLICATION, AND TO PROVIDE FOR ADDITIONAL INFORMATION TO COMPLETE THE APPLICATION; SECTION 44-7-210, AS AMENDED, RELATING TO THE COMPLETION OF THE APPLICATION, SO AS TO PROVIDE FOR THE TIME OF THE REVIEW PERIOD FOR THE APPLICATION, TO CHANGE THE EFFECTIVE DATE OF THE AGENCY DECISION ON THE APPLICATION, AND TO PROVIDE FOR A RECONSIDERATION HEARING; SECTION 44-7-220, AS AMENDED, RELATING TO JUDICIAL REVIEW OF THE DECISION OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR APPEAL TO THE CIRCUIT COURT INSTEAD OF THE APPROPRIATE STATE COURT, TO PROVIDE FOR THE REQUIREMENTS OF THE APPEAL AND OF A BOND, AND TO PROVIDE FOR THE ACTION TO BE TAKEN BY THE COURT; AND SECTION 44-7-230, AS AMENDED, RELATING TO THE LIMITATION ON A CERTIFICATE OF NEED, SO AS TO CHANGE THE TIME DURING WHICH A CERTIFICATE OF NEED IS VALID, TO REVISE THE CIRCUMSTANCES UNDER WHICH AN EXTENSION MAY BE GRANTED, AND TO PROVIDE THE REQUIREMENTS FOR COMPLETION OF THE PROJECT.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4918 -- Rep. T.C. Alexander: A BILL TO AMEND CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, AND WASTE DISPOSAL, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE REGULATION OF PUBLIC SWIMMING POOLS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
H. 4934 -- Rep. Kirsh: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AMEND THE AUTHORIZATION FOR THE DENMARK TECHNICAL COLLEGE STUDENT SERVICE CENTER RENOVATION AND ADDITION BY ADDITIONALLY AUTHORIZING THE PROCEEDS FROM THE BONDS TO BE EXPENDED FOR THE COMPLETION OF THE PHYSICAL PLANT BUILDING.
H. 4630 -- Reps. McAbee, Felder and Kinon: A BILL TO AMEND SECTION 8-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEAVES OF ABSENCE AUTHORIZED FOR PUBLIC OFFICERS AND EMPLOYEES FOR CERTAIN NATIONAL GUARD OR RESERVE MILITARY SERVICE, SO AS TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THESE AUTHORIZED LEAVES OF ABSENCE, TO REVISE THE TYPES OF SERVICE OR TRAINING FOR WHICH THESE LEAVES OF ABSENCE ARE AUTHORIZED, AND TO PROVIDE FOR THE MANNER IN WHICH THESE PROVISIONS MUST BE CONSTRUED.
H. 4862 -- Rep. Rama: A BILL TO AMEND SECTION 13-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE ATOMIC ENERGY AND RADIATION CONTROL ACT, SO AS TO DEFINE "NONIONIZING RADIATION"; AMEND SECTION 13-7-40, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE ACT, SO AS TO AUTHORIZE THE TECHNICAL ADVISORY RADIATION CONTROL COUNCIL TO ADVISE THE DEPARTMENT ON MATTERS PERTAINING TO NONIONIZING AS WELL AS IONIZING RADIATION, REQUIRE TWO MEMBERS OF THE COUNCIL TO HAVE RECOGNIZED KNOWLEDGE IN THE FIELD OF RADIATION WITHOUT THE REQUIREMENT THAT IT BE TO IONIZING RADIATION, AND PROVIDE FOR DEPARTMENT REGULATIONS ON NONIONIZING AS WELL AS IONIZING RADIATION; AND AMEND SECTION 13-7-45, RELATING TO THE AUTHORIZATION OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR LICENSING, REGISTRATION, AND CERTIFICATION OF USERS OF THE SOURCES OF IONIZING RADIATION, SO AS TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS REGARDING NONIONIZING RADIATION.
H. 4924 -- Rep. Blackwell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 36 SO AS TO ESTABLISH A STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY.
The following Bill was taken up.
S. 138 -- Senators Wilson, Giese, Thomas and Bryan: A BILL TO ENACT THE CLEAN INDOOR AIR AND PROMOTION OF PUBLIC HEALTH ACT OF 1989 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification by a division vote of 49 to 3.
There was a division vote taken on S. 138, the clean indoor act. I would like to have it recorded in the journal that I voted against the Bill.
Rep. LISTON BARFIELD
Rep. McABEE moved to adjourn debate upon the Joint Resolution until Tuesday, May 8, which was adopted.
H. 5004 -- Reps. Washington, McLellan, Winstead, Kirsh, H. Brown, Rama, D. Martin, Kohn, Wofford, J. Bailey, Hallman, Whipper, G. Bailey, Barber, Mappus, Limehouse, D. Williams and J. Williams: A JOINT RESOLUTION TO AUTHORIZE THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON TO BORROW ONE MILLION TWO HUNDRED THOUSAND DOLLARS TO ISSUE BONDS OR NOTES FOR THE RENOVATION AND EXPANSION OF THE COLLEGE'S CAFETERIA FACILITIES.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4, Rep. RUDNICK having the floor.
H. 4179 -- Rep. Kirsh: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT REQUIRED ON BUSES, TRUCKS, TRAILERS, SEMITRAILERS, AND POLE TRAILERS, SO AS TO REQUIRE EVERY TRAILER AND SEMITRAILER, RATHER THAN JUST THOSE OVER THREE THOUSAND POUNDS OF GROSS WEIGHT, TO HAVE CERTAIN LIGHTING EQUIPMENT, INCLUDING A STOP LIGHT.
Debate was resumed on Amendment No. 4, which was proposed on Wednesday, May 2, by Rep. RUDNICK.
Rep. RUDNICK continued speaking.
Rep. BARFIELD objected to the Bill.
Rep. RUDNICK continued speaking.
Rep. ALTMAN spoke against the amendment.
Rep. BEASLEY moved to table the amendment, which was agreed to by a division vote of 54 to 18.
The Bill was read the second time and ordered to third reading.
The SPEAKER granted Rep. KEYSERLING a leave of absence for the remainder of the day.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, May 8, which was adopted.
S. 1136 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND SECTION 44-77-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION"; SECTION 44-77-40, AS AMENDED, RELATING TO THE VALIDITY OF A DEATH WITH DIGNITY DECLARATION, SO AS TO DELETE THE REQUIREMENT THAT AN ACCOMPANYING AFFIDAVIT TO A DECLARATION MUST BE SUBSCRIBED AND SWORN TO BY THE TWO WITNESSES IN THE DECLARANT'S PRESENCE; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN AGENT, REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION, AND PROVIDE FOR SPECIFIC DIRECTIONS IN A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO THE REVOCATION OF A DECLARATION, SO AS TO PROVIDE FOR REVOCATION BY A DECLARANT'S AGENT INSTEAD OF DESIGNEE.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 5052 -- Rep. Wofford: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SANGAREE CIVIC LEAGUE.
S. 1523 -- Finance Committee: A BILL TO AMEND SECTION 41-44-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT THE CORPORATION TO BE FORMED TO BE THE GENERAL PARTNER OF THE LIMITED PARTNERSHIP IS NOT REQUIRED TO BE NAMED THE PALMETTO SEED CAPITAL CORPORATION, AND TO PROVIDE THAT THE CREDITS ALLOWED FOR INVESTMENTS IN THE LIMITED PARTNERSHIP ALSO APPLY TO A TAXPAYER'S INSURANCE PREMIUM TAX LIABILITY; TO AMEND SECTION 41-44-60, AS AMENDED, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO MAKE THESE ABOVE-REFERENCED NAME AND TAX CREDIT CHANGES AND ALSO TO FURTHER PROVIDE FOR THE USE AND INVESTING OF THE INVESTMENT MONIES ACQUIRED BY THE FUND; TO AMEND ACT 643 OF 1988, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM CERTAIN OF ITS PROVISIONS TO THE ABOVE-REFERENCED NAME CHANGE PROVISION; AND TO AMEND SECTIONS 41-44-90 AND 41-44-100, RELATING TO THIS LIMITED PARTNERSHIP, SO AS TO CONFORM THEM TO THE ABOVE-REFERENCED INSURANCE PREMIUM TAX CREDIT PROVISIONS.
Rep. KIRSH explained the Bill.
On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 5052 be read the third time tomorrow.
The following Bill was taken up.
H. 4786 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER BEING REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH CERTAIN LIMITS OF COVERAGE, SO AS TO INCREASE THE PROPERTY DAMAGE LIMIT FROM FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS.
Rep. KOHN explained the Bill.
Rep. WHIPPER objected to the Bill.
Rep. T. ROGERS moved to adjourn debate upon the Bill until Tuesday, May 8.
Rep. MAPPUS moved to table the motion, which was agreed to by a division vote of 32 to 25.
Reps. T. ROGERS and WASHINGTON objected to the Bill.
The following Bill was taken up.
H. 4981 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR THE REGISTRATION OF MUNICIPAL AND COUNTY BUILDING CODES ENFORCEMENT OFFICERS BY SETTING FORTH DEFINITIONS, DUTIES OF THE BUILDING CODES COUNCIL, REQUIREMENTS OF REGISTRATION, PRACTICE, AND RENEWAL, AND REMEDIES AND PENALTIES FOR VIOLATIONS; AND TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, RELATING TO BUILDING CODES, SO AS TO REVISE THE AUTHORIZATION FOR AND SCOPE OF MUNICIPAL AND COUNTY BUILDING CODES, REGULATIONS, AND REGIONAL AGREEMENTS, PROVIDE EXCEPTIONS, PROVIDE FOR THE APPOINTMENT OF A MUNICIPAL AND COUNTY BUILDING OFFICIAL AND ESTABLISHMENT OF A BUILDING INSPECTION PROGRAM, REVISE THE PROCEDURES FOR THE ADOPTION OF CODES AND STANDARDS, REVISE THE MEMBERSHIP AND OFFICERS OF THE COUNCIL, REVISE PENALTIES, DELETE THE REFERENCE TO THE ADOPTION OF CODES BEFORE MAY 1, 1982, AND PROVIDE FOR THE EFFECT OF THE PROVISIONS ON THE AUTHORITY OF LOCAL BUILDING OFFICIALS, THE STATE FIRE MARSHAL, AND THE COMMISSIONER OF LABOR.
Reps. SMITH, McABEE, McLEOD and HENDRICKS objected to the Bill.
The following Bill was taken up.
S. 1403 -- Senators Bryan, Hayes and Stilwell: A BILL TO AMEND SECTIONS 62-1-100, 62-1-201, 62-1-302, 62-1-308, 62-2-103, 62-2-104, 62-2-106, 62-2-107, 62-2-108, 62-2-109, 62-2-206, 62-2-207, 62-2-301, 62-2-302, 62-2-401, 62-2-402, 62-2-502, 62-2-504, 62-2-507, 62-2-512, 62-2-605, 62-2-607, 62-2-701, 62-2-801, 62-3-106, 62-3-108, 62-3-109, 62-3-203, 62-3-301, 62-3-302, 62-3-306, 62-3-307, 62-3-403, 62-3-409, 62-3-412, 62-3-603, 62-3-605, 62-3-610, 62-3-704, 62-3-705, 62-3-706, 62-3-707, 62-3-715, 62-3-719, 62-3-801, 62-3-802, 62-3-803, 62-3-807, 62-3-911, 62-3-914, 62-3-916, 62-3-1001, 62-3-1002, 62-3-1003, 62-3-1005, 62-3-1006, 62-3-1201, 62-3-1202A, 62-3-1203, 62-3-1204, 62-3-1303, 62-3-1304, 62-3-1305, 62-3-1306, 62-3-1307, 62-3-1308, 62-3-1309, 62-3-1310, 62-3-1312, 62-4-205, 62-5-101, 62-5-103, 62-5-304, 62-5-309, 62-5-310, 62-5-311, 62-5-425, 62-5-433, 62-5-501, 62-5-503, 62-6-104, 62-7-201, 62-7-204, 62-7-205, 62-7-302, 62-7-408, 62-7-603, 15-51-20, 20-1-80, 34-11-10, 34-11-130, 34-15-10, RELATING TO THE SOUTH CAROLINA PROBATE CODE, SO AS TO REVISE JURISDICTIONAL, PROCEDURAL, TESTAMENTARY, ADMINISTRATIVE, AND OTHER PROVISIONS OF THE PROBATE CODE; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-604 SO AS TO PROVIDE FOR A FIDUCIARY'S DIVERSIFICATION OF INVESTMENTS AND TO ADD SECTIONS 62-7-701 THROUGH 62-7-709 SO AS TO PROVIDE FOR A UNIFORM TRUSTEES POWERS ACT AND TO REPEAL SECTIONS 12-7-2600, 12-16-1960, AND 62-3-904.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1682X).
Amend the bill, as and if amended, by striking Section 62-3-803(a), as contained in SECTION 53 and inserting:
/(a) All claims against a decedent's estate which arose before the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statutes statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows: (1) within eight months after the date within the earlier of the first publication of notice to creditors if notice is given in compliance with following dates: (1) three years after the decedent's death; or (2) within the time provided by Section 62-3-801;62-3-801(b) for creditors who are given actual notice, and within the time provided, claims in Section 62-3-801(a) for all creditors barred by the nonclaim publication; provided, claims barred by the nonclaim statute at the decedent's domicile before the first publication for claims giving of notice to creditors barred in this State are also barred in this State; (2) within three years after the decedent's death, if notice to creditors has not been published.
Amend title to conform.
Rep. HAYES explained the amendment and moved to adjourn debate upon the Bill until Tuesday, May 8, which was adopted.
Rep. GLOVER presented the S.C. Boys' and Girls' Club Youth of the Year award, and the recipient of the award, Raseada Smalls of Florence.
Rep. BENNETT asked unanimous consent to recall S. 1555 from the Committee on Agriculture and Natural Resources.
Rep. SIMPSON objected.
Rep. HUFF asked unanimous consent to recall H. 3618 from the Committee on Agriculture and Natural Resources.
Rep. McGINNIS objected.
Rep. L. MARTIN asked unanimous consent to recall H. 3021 from the Committee on Judiciary.
Rep. NETTLES objected.
Rep. FABER, with unanimous consent, withdrew his objection to the following Bill.
H. 4335 -- Reps. M.O. Alexander, T.C. Alexander, Mappus, J. Bailey, R. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1255 SO AS TO REQUIRE A PERSON OWNING OR OPERATING A MOTOR VEHICLE TO CARRY PROOF OF HIS MOTOR VEHICLE LIABILITY INSURANCE, TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT TO PROVIDE OTHER PERSONS INVOLVED WITH INFORMATION CONCERNING HIS PROOF OF INSURANCE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 56-5-1270, AS AMENDED, RELATING TO WRITTEN REPORTS OF CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REQUIRE WRITTEN REPORTS OF LAW ENFORCEMENT OFFICERS INVESTIGATING ACCIDENTS TO CONTAIN LIABILITY INSURANCE INFORMATION REGARDING THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED; AND TO AMEND SECTION 56-5-1300, RELATING TO ACCIDENT REPORT FORMS PREPARED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT REPORTING FORMS DESIGNATED BY THE DEPARTMENT MUST INCLUDE THE LIABILITY INSURANCE OF THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED.
Rep. GORDON, with unanimous consent, withdrew his objection to H. 3605 however, other objections remained upon the Bill.
H. 3605 -- Rep. Huff: A BILL TO AMEND SECTION 17-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOPSIES, PRELIMINARY EXAMINATIONS, AND INQUESTS AND THE DUTIES OF A CORONER CONCERNING MOTOR VEHICLE, SWIMMING, OR BOATING ACCIDENT DEATHS, SO AS TO REDEFINE "DRIVER" AND "PEDESTRIAN", TO APPLY THE PROVISIONS OF THIS SECTION TO A "VEHICLE PASSENGER", TO REQUIRE EXAMINATION OF THE BODY IN A TIMELY MANNER AFTER DEATH RATHER THAN WITHIN EIGHT HOURS OF DEATH, AND TO PROVIDE FOR THE COUNTING AND RECORDING AS VICTIMS OF ACCIDENTS INVOLVING ALCOHOL OR DRUGS CERTAIN PERSONS WHO DIE WITHIN ONE YEAR OF THE ACCIDENT.
Rep. FABER asked unanimous consent to withdraw his objection to S. 443.
Rep. GLOVER objected.
Rep. FABER asked unanimous consent to withdraw his objection to H. 4736.
Rep. KLAPMAN objected.
On motion of Rep. WILKINS, with unanimous consent, the following Bill was recalled from the Committee on Judiciary and was referred to the Committee on Education and Public Works.
S. 1204 -- Senators Gilbert, Nell W. Smith, McGill, Mitchell, O'Dell and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 11 TO TITLE 20 SO AS TO ENACT "THE PARENTAL RESPONSIBILITIES ACT".
Rep. WOFFORD asked unanimous consent to recall S. 721 from the Committee on Ways and Means.
Rep. McTEER objected.
Rep. MOSS asked unanimous consent to recall S. 981 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. SIMPSON objected.
Rep. KINON asked unanimous consent to withdraw his objection to H. 4401.
Rep. KLAPMAN objected.
Rep. BENNETT moved that the House recur to the morning hour.
Rep. HUFF moved to table the motion, which was not agreed to.
The question then recurred to the motion to recur to the morning hour, which was agreed to.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4742 -- Rep. Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-145 SO AS TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO GIVE NOTICE AND HOLD A HEARING BEFORE PETITIONING A MUNICIPALITY TO ANNEX LAND OWNED BY THE STATE.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4921 -- Rep. Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" THE RELOCATION, CONSTRUCTION, WIDENING AND DREDGING OF CHANNELS, CANALS, AND WATERWAYS USED FOR RECREATIONAL PURPOSES.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4987 -- Rep. Corning: A BILL TO AUTHORIZE A SHERIFF TO EMPLOY A DEPUTY AND PAY HIS COMPENSATION FROM FUNDS RECEIVED FROM A RESIDENTIAL HOMEOWNER'S ASSOCIATION, AND TO PROVIDE FOR THE PATROL DUTIES OF THE DEPUTY SHERIFF EMPLOYED AND COMPENSATED IN THIS MANNER.
Ordered for consideration tomorrow.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5083 -- Reps. P. Harris, T.C. Alexander, Cooper, McLellan and Tucker: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE AREAS FROM WHICH THE BOARD MEMBERS ARE ELECTED; AND TO AMEND SECTION 2 OF ACT 270 OF 1989, RELATING TO THE EXPIRATION OF THE TERMS OF THE CURRENT MEMBERS OF THE BOARD AND PROVISIONS FOR THE INITIAL TERMS OF THE NEW BOARD TO BE ELECTED IN 1990, SO AS TO DELETE THE REFERENCE TO AN AT-LARGE ELECTION.
On motion of Rep. TOWNSEND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following Bill was taken up.
S. 1487 -- Senator Lee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 9, TITLE 23 SO AS TO PROVIDE FOR THE STATE FIRE MARSHAL BOARD OF APPEALS AND ITS MEMBERS AND POWERS; TO AMEND SECTION 23-9-150, RELATING TO BUILDINGS DECLARED TO BE UNSAFE BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE FOR AN ADMINISTRATIVE REVIEW BY THE STATE FIRE MARSHAL AND FOR APPEALS FROM DECISIONS OF THE STATE FIRE MARSHAL TO THE STATE FIRE MARSHAL BOARD OF APPEALS INSTEAD OF TO COURTS OF COMPETENT JURISDICTION; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE INITIAL MEMBERS OF THE BOARD.
Rep. DAVENPORT proposed the following Amendment No. 1 (Doc. No. 1487l), which was adopted.
Amend the bill, as and if amended, by striking the first paragraph of Section 23-9-510 and inserting the following language so that the paragraph reads:
/"Section 23-9-510. The State Fire Marshal Board of Appeals is created and is composed of nine members appointed by the Governor upon the advice and consent of the Senate. The appeals board includes one registered architect, one member of the South Carolina State Fire Commission appointed by its chairman, one general contractor, one certified building inspector, one consumer, one registered electrical engineer, one speciality licensed contractor, one building materials supplier, and one structural engineer. Not more than one type of profession or occupation may be represented on the board."/
Further amend the bill in the first sentence of Section 23-9-530 (A) by adding the words /or contractor/ so that the sentence reads:
/"Section 23-9-530. (A) The State Fire Marshal Board of Appeals may hear appeals from a municipality, county, or state agency or an owner or occupant, or contractor of premises directly affected or aggrieved by a decision of the State Fire Marshal issued in accordance with Section 23-9-150 or any decision of the fire marshal issued enforcing or interpreting regulations promulgated by the fire commission."/
Further amend the bill by adding an appropriately lettered section to Section 23-9-530 that reads: /"Nothing in this chapter shall be construed to require an appellant to be represented by legal counsel during any phase of the appeals process."/
Retitle to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. McLEOD spoke against the Bill.
Rep. McLELLAN spoke in favor of the Bill.
Reps. McLEOD, G. BROWN and SMITH objected to the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1548 -- Senator Waddell: A BILL TO AMEND SECTION 34-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACQUISITIONS UNDER THE SOUTH CAROLINA SAVINGS ASSOCIATION ACT WHICH REQUIRE CERTAIN PRIOR APPROVALS, SO AS TO AUTHORIZE AN ADDITIONAL TYPE OF ACQUISITION; AND TO REVISE CERTAIN TERMS USED IN THE SOUTH CAROLINA SAVINGS ASSOCIATION ACT.
H. 4971 -- Reps. Kirsh, Nesbitt and J. Rogers: A BILL TO AMEND SECTION 12-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOINT AND SEPARATE STATE INCOME TAX RETURNS OF SPOUSES, SO AS TO PROVIDE THAT A NONRESIDENT WHO RESIDES IN A STATE WHICH DOES NOT ALLOW A SOUTH CAROLINA RESIDENT TO FILE A JOINT RETURN WITH HIS SPOUSE MAY NOT FILE A JOINT RETURN WITH HIS SPOUSE IN THIS STATE AND TO PROVIDE THE METHOD FOR COMPLETING A SEPARATE RETURN.
The following Bill was taken up.
S. 139 -- Senator Pope: A BILL TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING, LICENSE PLATES, AND PLACARDS FOR HANDICAPPED PERSONS, SO AS TO LIMIT THE ISSUANCE AND RENEWAL OF THE PLACARDS TO A MAXIMUM PERIOD OF TWO YEARS.
Rep. WILDER proposed the following Amendment No. 1 (Doc. No. 1662X), which was adopted.
Amend the bill, as and if amended, in Section 56-3-1960(2) of the 1976 Code, as contained in SECTION 1, page 1, line 24, by inserting after /The/ /permanent/ and on line 25 by inserting after /years/ /renewable on the owner's birthdate/.
Amend title to conform.
Rep. WILDER explained the amendment.
The amendment was then adopted.
Rep. HUFF moved to adjourn debate upon the Bill until Tuesday, May 8, which was adopted.
Rep. BEASLEY moved to adjourn debate upon the following Bill until Wednesday, May 9, which was adopted.
S. 580 -- Senators Horace C. Smith and Lee: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE REQUIREMENT TO WEAR A HELMET AND GOGGLES OR A FACE SHIELD TO APPLY; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.
The following Bill was taken up.
H. 4268 -- Reps. Clyborne, D. Martin, White and McGinnis: A BILL TO AMEND SECTION 7-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPENSES OF COMMISSIONERS, MANAGERS, AND CLERKS OF GENERAL ELECTIONS, SO AS TO PROVIDE THAT COMMISSIONERS RECEIVE AS EXPENSES AN AMOUNT AS APPROPRIATED ANNUALLY BY THE GENERAL ASSEMBLY INSTEAD OF TWO HUNDRED DOLLARS A YEAR, DELETE THE ENTITLEMENT TO MILEAGE TO A MANAGER AND CLERK, AND CLARIFY THAT THIS MILEAGE IS FOR ELECTION-DAY MILEAGE.
Rep. J.W. JOHNSON moved to table the Bill, which was agreed to.
The following Bill was taken up.
S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.
Rep. CORBETT moved to adjourn debate upon the Bill until Tuesday, May 8, which was rejected.
Rep. CORBETT objected to the Bill.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 1117o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 12-35-715. (A) In addition to the tax levied in Sections 12-35-510, 12-35-710, 12-35-810, 12-35-1120, and Article 11, Chapter 35, Title 12, there is imposed an additional sales tax of one percent of the gross proceeds from the rental of transient accommodations, including campgrounds, which are subject to the state sales tax.
(B) The provisions of this section do not apply to meals and other special items in promotional tourist packages or the rental of meeting rooms. Of the amount collected in Beaufort, Charleston, Colleton, Georgetown, and Horry counties pursuant to this section, sixty percent must be remitted quarterly to the Beach Management Trust Fund and forty percent must be retained by the county in which the collections were made to be used only for those items described in Section 48-40-30(C)(5) and to address storm water run-off impacting the beach/dune system. All monies collected pursuant to this section in the noncoastal counties must be remitted to the Beach Management Trust Fund. The tax provided for in this section must be collected by the Tax Commission in the same manner as provided in Section 12-35-710."
SECTION 3. The 1976 Code is amended by adding:
"Section 48-39-250. The General Assembly finds that:
(1) The beach/dune system along the coast of South Carolina is extremely important to the people of this State and serves the following functions:
(a) protects life and property by serving as a storm barrier which dissipates wave energy and contributes to shoreline stability in an economical and effective manner;
(b) provides the basis for a tourism industry that generates approximately two-thirds of South Carolina's annual tourism industry revenue which constitutes a significant portion of the state's economy. The tourists who come to the South Carolina coast to enjoy the ocean and dry sand beach contribute significantly to state and local tax revenues;
(c) provides habitat for numerous species of plants and animals, several of which are threatened or endangered. Waters adjacent to the beach/dune system also provide habitat for many other marine species;
(d) provides a natural healthy environment for the citizens of South Carolina to spend leisure time which serves their physical and mental well-being.
(2) Beach/dune system vegetation is unique and extremely important to the vitality and preservation of the system.
(3) Many miles of South Carolina's beaches have been identified as critically eroding.
(4) Chapter 39 of Title 48, Coastal Tidelands and Wetlands, does not provide adequate jurisdiction to the South Carolina Coastal Council to enable it to effectively protect the integrity of the beach/dune system. Consequently, without adequate controls, development unwisely has been sited too close to the system. This type of development has jeopardized the stability of the beach/dune system, accelerated erosion, and endangered adjacent property. It is in both the public and private interests to protect the system from this unwise development.
(5) The use of armoring in the form of hard erosion control devices such as seawalls, bulkheads, and rip-rap to protect erosion-threatened structures adjacent to the beach has not proven effective. These armoring devices have given a false sense of security to beachfront property owners. In reality, these hard structures, in many instances, have increased the vulnerability of beachfront property to damage from wind and waves while contributing to the deterioration and loss of the dry sand beach which is so important to the tourism industry.
(6) Erosion is a natural process which becomes a significant problem for man only when structures are erected in close proximity to the beach/dune system. It is in both the public and private interests to afford the beach/dune system space to accrete and erode in its natural cycle. This space can be provided only by discouraging new construction in close proximity to the beach/dune system and encouraging those who have erected structures too close to the system to retreat from it.
(7) Inlet and harbor management practices, including the construction of jetties which have not been designed to accommodate the longshore transport of sand, can deprive downdrift beach/dune systems of their natural sand supply. Dredging practices which include disposal of beach quality sand at sea also can deprive the beach/dune system of much-needed sand.
(8) It is in the State's best interest to protect and to promote increased public access to South Carolina's beaches for out-of-state tourists and South Carolina residents alike.
(9) Present funding for the protection, management, and enhancement of the beach/dune system is inadequate.
(10) There is no coordinated state policy for post-storm emergency management of the beach/dune system.
(11) A long-range comprehensive beach management plan is needed for the entire coast of South Carolina to protect and manage effectively the beach/dune system, thus preventing unwise development and minimizing man's adverse impact on the system.
Section 48-39-260. In recognition of its stewardship responsibilities, the policy of South Carolina is to:
(1) protect, preserve, restore, and enhance the beach/dune system, the highest and best uses of which are declared to provide:
(a) protection of life and property by acting as a buffer from high tides, storm surge, hurricanes, and normal erosion;
(b) a source for the preservation of dry sand beaches which provide recreation and a major source of state and local business revenue;
(c) an environment which harbors natural beauty and enhances the well-being of the citizens of this State and its visitors;
(d) natural habitat for indigenous flora and fauna including endangered species;
(2) create a comprehensive, long-range beach management plan and require local comprehensive beach management plans for the protection, preservation, restoration, and enhancement of the beach/dune system. These plans must promote wise use of the state's beachfront to include a gradual retreat from the system over a forty-year period;
(3) severely restrict the use of hard erosion control devices to armor the beach/dune system and to encourage the replacement of hard erosion control devices with soft technologies as approved by the South Carolina Coastal Council which will provide for the protection of the shoreline without long-term adverse effects;
(4) encourage the use of erosion-inhibiting techniques which do not adversely impact the long-term well-being of the beach/dune system;
(5) promote carefully planned nourishment as a means of beach preservation and restoration where economically feasible;
(6) preserve existing public access and promote the enhancement of public access to assure full enjoyment of the beach by all our citizens including the handicapped and encourage the purchase of lands adjacent to the Atlantic Ocean to enhance public access;
(7) involve local governments in long-range comprehensive planning and management of the beach/dune system in which they have a vested interest;
(8) establish procedures and guidelines for the emergency management of the beach/dune system following a significant storm event."
SECTION 4. The 1976 Code is amended by adding:
Section 48-40-10. As used in this chapter:
(1) 'Council' means the South Carolina Coastal Council.
(2) 'Erosion control line' means the line determined in accordance with the provisions of Section 48-40-50 which represents the landward extent of the claims of the State in its capacity as sovereign titleholder of the submerged bottoms and shores of the Atlantic Ocean, the bays, lagoons, and other tidal reaches.
(3) 'Authorized beach restoration project' means a beach project authorized by the United States Congress or the council which involves a specific project engineering design and a project maintenance program for not less than ten years.
Section 48-40-20. (A) There is created in the State Treasury the 'Beach Management Trust Fund'. Monies collected pursuant to Section 12-35-715 must be credited to this account. Disbursements from this account and the issuance of state capital improvement bonds authorized by the General Assembly for beach restoration are subject to the approval of the council in order to carry out the proper state responsibilities in a comprehensive long-range, statewide beach management plan for erosion control, beach preservation, beach restoration and renourishment, and hurricane protection. For the first year's collection, the fund balance must not be less than one hundred thousand dollars. After the first year, a fund balance of five percent must be maintained at all times to meet emergencies described in Section 48-40-40.
(B) The Beach Management Trust Fund is not available for transfer for a purpose other than those provided for in this section.
Section 48-40-30. (A) The council shall determine those beaches which are eroding critically and in need of restoration and renourishment and may authorize the expenditure from the Beach Management Trust Fund of the amount necessary to pay up to sixty percent of the actual costs of restoring and renourishing a beach. The local government in which the beach is located and which receives the most benefit from the beach restoration shall pay the balance of the costs.
(B) Whenever a beach erosion control project has been authorized by Congress for federal financial participation in accordance with an act of Congress relating to beach erosion control in which nonfederal participation is required, the State may assist, to the extent that funds are available, with an amount not to exceed sixty percent of the nonfederal matching fund requirements.
(C) The council may:
(1) enter into cooperative agreements and otherwise cooperate with and meet the requirements and conditions for the purpose of improving, furthering, and expediting the beach management program including, but not limited to, execution of indemnification agreements of federal, state, and local governments and political entities, or an agency or representative of them;
(2) accept federal monies for beach erosion control as are available and may sign all necessary agreements and perform all necessary acts in connection with the agreements to effectuate the intent and purposes of the chapter;
(3) make application for federal participation in the cost of a beach and shore preservation project under an act of Congress;
(4) may pay up to one hundred percent of the construction, engineering, design, and maintenance costs of projects authorized for construction pursuant to Section 48-40-40 when construction and maintenance are on lands of which the State is the upland riparian owner.
(5) with regard to a project approved in accordance with Section 48-40-70, pay from the Beach Management Trust Fund an amount up to sixty percent of the actual costs of the approved project including, but not limited to, the costs for:
(a) project design engineering and construction supervision and inspection;
(b) biological monitoring;
(c) inlet sand transfer projects;
(d) dune revegetation and stabilization;
(e) restoration, renourishment, or feeder beach project costs;
(f) construction easements, rights-of-way, public access easements, and vehicle parking spaces;
(g) obtaining required permits;
(h) establishing erosion control lines;
(i) enhancement of marine turtle propagation;
(j) sand-source studies;
(k) the purchase of property to be used for the enhancement of public access and parking;
(6) in its discretion and dependent upon the availability of local resources and changes in the criteria listed in Section 48-40-70, revise the project listing which it is required to maintain in current form.
(D) A local government may include, as part of its beach restoration project plan, the purchase of property to be used for the enhancement of public access and parking. Monies allocated from the Beach Management Trust Fund for this purpose may be used to satisfy the public access requirements pursuant to subitem 28 of item (f) of Section 3 of Act 1377 of 1968 added by Act 638 of 1988.
Section 48-40-40. If a shore erosion emergency is declared by the Governor, the council may spend whatever state funds are available to alleviate shore erosion.
Section 48-40-50. It is the public policy of the State to cause to be fixed and determined, pursuant to beach restoration, beach renourishment, and erosion control projects, the boundary line, to be known as the erosion control line, between sovereignty lands of the State bordering on the Atlantic Ocean, the bays, lagoons, and other tidal reaches of it, and the upland properties adjacent to it except that the boundary line must not be fixed for beach restoration projects that result from inlet or navigation channel maintenance dredging projects unless the projects involve the construction of the authorized beach restoration projects. Before construction of a beach restoration project, the council shall establish the line of mean highwater for the area to be restored. Additions to the upland property landward of the established line of mean highwater which result from the restoration project remain the property of the upland owner subject to all governmental regulations. The resulting additions to upland property are subject to a public easement for traditional uses of the sandy beach consistent with uses allowed before the need for the restoration project. The State may not extend its claims to lands not already held by it or deprive an upland or submerged landowner of the legitimate and constitutional use and enjoyment of his property.
Section 48-40-60. (A) All construction and maintenance dredgings of sand determined by the council to be of beach quality must be placed on the downdrift beaches or, if placed elsewhere, an equivalent quality and quantity of sand from an alternate location must be placed on the downdrift beaches.
(B) On an average annual basis, a quantity of sand must be placed on the downdrift beaches equal to the natural net annual longshore sediment transport.
Section 48-40-70. (A) Beach restoration projects must follow a cyclical pattern that is conditioned by the availability of funds. The council shall make an initial announcement when applications for beach restoration are to be submitted. There must be at least a ninety-day period for receiving applications. Projects that are not funded during the initial cycle are eligible for consideration at the next cycle which starts when additional funds are available. Communities may update their applications for subsequent cycles to show changed conditions.
Applications for beach nourishment must be submitted to the council. The applications must be reviewed, evaluated, and ranked according to guidelines adopted by the council. All proposed projects which meet the minimum regulatory requirements must be considered by the council. Input from the applicant and the public must be solicited and considered. The council shall establish project priorities and subsequent commitment of funds as they become available. The execution of the project must be coordinated by the council according to regulations of the State Budget and Control Board regarding procurement of architectural/engineering services and for construction of permanent improvements projects.
(B) Each community desiring to participate in the state beach restoration program shall submit on a biannual basis a statement of need which outlines past action, beach erosion problems, and funding needs. The council shall notify communities when statements of need must be submitted.
The following information must be submitted on or attached to the application form:
(1) the name, address, and telephone number of the local government making the application and the name and telephone number of the designated liaison agent;
(2) the name, address, and telephone number of the project consulting engineer or other agent;
(3) a resolution adopted by the applicant's governing body approving the submittal of an application for beach restoration funds and committing to the local funding requirements necessary to complete the project;
(4) the signature of the chief executive officer of the governing body;
(5) a narrative description of the project to include:
(a) project limits;
(b) quantity of fill;
(c) borrow sites;
(d) expected design life of project;
(e) project construction duration and time of year;
(f) estimated first cost and annual maintenance costs;
(g) a statement as to the source and availability of all local, state, and federal funds for the project;
(h) benefits to be realized by the project;
(i) environmental impacts;
(j) public access to renourished area;
(k) a copy of the council/Corps of Engineers permit application;
(6) maps showing:
(a) project site plan and borrow area locations;
(b) upland ownership of property, indicating federal, state, local, or private ownership;
(c) public access points;
(d) public parking areas;
(e) private parking areas;
(f) baseline and setback lines;
(7) required engineering studies that have been completed concerning the project with a plan for post-project monitoring;
(8) approved beach restoration plan for the community which includes an analysis of beach erosion control alternatives;
(9) data requested by the council necessary to complete the project evaluation.
(C) All applications must be evaluated to determine if the project meets the minimum regulatory requirements. The minimum regulatory requirements are:
(1) before July 2, 1991:
(a) a state-approved shorefront management plan or a state-approved local nourishment plan;
(b) a state and locally-approved beach access plan with an implementation schedule. The plan must include an inventory of current access and parking, an analysis of current and future demand, and a strategy for enhancing public access and parking:
(c) a complete application;
(2) after July 1, 1991:
(a) a state-approved beach management plan developed in accordance with Section 48-39-350;
(b) a complete application.
(D) The criteria for ranking projects are:
(1) general public use of a beach restoration project area;
(2) prospects for long-term success of a project;
(3) extent of property threat due to erosion;
(4) extent of support for a project;
(5) environmental protection due to project.
Section 48-40-80. A person who fails to comply with the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 48-39-170."
SECTION 5. Section 48-39-130(D)(1) and (6) of the 1976 Code, as last amended by Act 634 of 1988, are further amended to read:
"(1) The accomplishment of emergency orders of any duly an appointed official of a county or municipality or of the State, acting to protect the public health and safety, upon notification to the council. However, with regard to the beach/dune critical area, only the use of sandbags, or sandscraping, or renourishment, or both a combination of them, in accordance with guidelines provided by the council is allowed pursuant to this item.
(6) Emergency repairs to any existing bank, dike, or fishing pier, or structure other than oceanfront erosion control structures or devices which has been erected in accordance with federal and state laws or provided for by general law or acts passed by the General Assembly of South Carolina, if notice is given in writing to the council within seventy-two hours from the onset of the needed repairs."
SECTION 6. Sections 48-39-270 through 48-39-360, as added by Act 634 of 1988, are amended to read:
"Section 48-39-270. As used in this chapter:
(1) Erosion control structures or devices include:
(a) seawall: a special type of retaining wall that is designed specifically to withstand normal wave forces;
(b) bulkhead: a retaining wall designed to retain fill material but not to withstand wave forces on an exposed shoreline;
(c) revetment (rip-rap): a sloping structure built along a scarp or in front of a bulkhead to protect the shoreline or bulkhead from erosion.
(2) Habitable structure includes any structure suitable for habitation or any structure used for commercial purposes. If a building, as defined in Section 27-31-20, is divided into apartments, as defined in Section 27-31-20, then the entire building, not the individual apartments, is considered as a single habitable structure for the purposes of this chapter. (3) Council means the South Carolina Coastal Council.
(4) Beach nourishment means the artificial establishment and periodic renourishment of a beach with sand that is compatible with that beach in such a way as to create a dry sand beach at all stages of the tide.
(5) The beach/dune system delineation includes all land from the mean high-water mark of the Atlantic Ocean landward to the setback line described in Section 48-39-280.
(6) A standard erosion zone is a segment of shoreline which is subject to essentially the same set of coastal processes, has a fairly constant range of profiles and sediment characteristics, and is not directly influenced by tidal inlets or associated inlet shoals.
(7) An inlet erosion zone is a segment of shoreline along or adjacent to tidal inlets which are directly influenced by the inlet and its associated shoals.
(8) Master plan means a document or a map prepared by a developer or a city as a policy guide to decisions about the physical development of the project or community.
(9) Planned development means a development plan which has received local approval for a specified number of dwelling and other units. The siting and size of structures and amenities are specified or restricted within the approval. This term specifically references multifamily or commercial projects not otherwise referenced by the terms master plan or planned unit development.
(10) Planned unit development means a residential, commercial, and industrial development professionally designed as a unit and approved by local government.
Section 48-39-280. (A) A forty-year retreat policy must be implemented by defining, utilizing the best available information and data, a baseline along standard erosion zones and inlet erosion zones and measuring back from the baseline a distance equal to forty times the annual erosion rate to be determined as an average over the previous forty years or a comparable period of time.
(1) The baseline for each standard erosion zone is the location of the crest of an ideal primary ocean front sand dune in that zone. In standard erosion zones where the shoreline has been altered artificially by the construction of erosion control devices, groins, or any other manmade alterations, the baseline is where the crest of an ideal primary ocean front sand dune for that zone would be located if the shoreline had not been altered. A scientific study by professional geologists or registered coastal engineers is required to determine where the baseline is for each standard erosion zone.
(2) For inlets that are not stabilized by jetties, terminal groins, or other structures, the baselines within inlet erosion zones are determined as the most landward point of erosion at any time during the past forty years, unless detailed historical and scientific studies of the inlets and adjacent beaches indicate that the shorelines are unlikely to return to their former positions. The studies, to be completed as part of the State Comprehensive Beach Management Plan, must consider: historical inlet migration, inlet stability, channel and ebb tidal delta changes, the effects of sediment bypassing on shorelines adjacent to the inlets, and the effects of nearby beach restoration projects on inlet sediment budgets.
(3) For inlets that are stabilized by jetties, terminal groins, or other structures, the baselines within inlet erosion zones are determined in the same manner as those in standard erosion zones. However, the actual location of the crest of an ideal primary ocean front sand dune must be taken as the baseline, not the location had the inlet remained unstabilized.
(B) The setback line must be determined using the baseline for the zones.
(1) For standard erosion zones, the setback line is the line landward of the baseline that is established at a distance which is forty times the annual erosion rate as determined by historical and other scientific means and adopted by the council in the State Comprehensive Beach Management Plan. However, all setback lines must be established no less than twenty feet landward of the baseline, even in cases where the shoreline has been stable or has experienced net accretion over the past forty years.
(2) For inlet erosion zones, the setback line is the line that is established landward of the baseline at a distance which is forty times the annual erosion rate as determined by historical and other scientific means and adopted by the council in the State Comprehensive Beach Management Plan. However, all setback lines must be established no less than twenty feet landward of the baseline, even in cases where the shoreline has been stable or has experienced net accretion over the past forty years.
(C) An interim baseline and the setback line must be established after the evaluation of all monitoring or scientific analysis by July 1, 1988. Before July 2, 1990, the baseline and the setback line must be reestablished after the evaluation of all monitoring or scientific analysis and public input. The baseline and setback line must be reset no later than ten years after July 1, 1990, and must be revised not less than every five years after they are reset and not more than every ten years after they are reset. It is the responsibility of the council to revise the baseline and setback line for all the inlet and standard erosion zones and to transmit this information and otherwise make it readily available for all members of the public and all state and local entities. In order to plan for the revisions, the council may stagger the revision of these zones in any way considered appropriate so long as every zone is revised in accordance with the time guidelines established in this section. Nothing in this section allows the seaward movement of the baseline after July 1, 1990. However, renourishment is desirable, and it is recognized that this process may slow down or prevent the landward movement of the setback line.
(D) In order to locate the baseline and the setback line, the council shall establish monumented and controlled survey points in each county fronting the Atlantic Ocean. The council shall acquire sufficient surveyed topographic information on which to locate the baseline. Surveyed topographic data must typically be gathered at two thousand foot intervals. However, in areas subject to significant near term development and in areas currently developed, the interval, at the discretion of the council, may be more frequent. The resulting surveys must locate the crest of the frontal or ideal dune which must be used as the baseline for computing the forty-year erosion rate. In cases where no frontal dune exists, a study conducted by registered coastal engineers or professional geologists, or both, is required to determine where the upland location of the crest of the frontal dune would be located if the shoreline was not altered. The council, by regulation, may exempt specifically described portions of the coastline from the survey requirements of this section when, in its judgment, the portions of coastline are not subject to erosion or are not likely to be developed by virtue of local, state, or federal programs in effect on the coastline which would preclude any significant development, or both.
(E) Any coastal riparian landowner adversely affected who feels that the setback line, baseline, or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three. Any of the requests must be forwarded to the appropriate committee of the council and thereafter handled in accordance with the council's regulations on appeals.
Section 48-39-290. (A) If a habitable structure existing on the effective date of Sections 48-39-270 through 48-39-360 seaward of the setback line is damaged by natural causes or fire, it may be repaired by the owner if all of the following requirements are met:
(1) The total square footage of the repaired structure does not exceed the total square footage of the original structure.
(2) The linear footage along the coast of the repaired structure does not exceed the linear footage along the coast of the original structure.
(3) The structure, as repaired, is not any further seaward than the original structure.
(4) All repairs are permitted by local zoning and building authorities.
(B) If a habitable structure existing on the effective date of Sections 48-39-270 through 48-39-360 seaward of the setback line is destroyed beyond repair by natural causes or fire, it may be replaced by the owner after notification of the council if all of the following requirements are met:
(1) The total square footage of the replaced structure does not exceed the total square footage of the original structure.
(2) The linear footage along the coast of the replaced structure does not exceed the linear footage along the coast of the original structure.
(3) The structure, as replaced, is not any further seaward than the original structure.
(4) The replaced structure is permitted by local zoning and building authorities.
(5) Where possible, the replaced structure is moved behind the setback line or if not possible, then as far landward as possible.
(6) Any erosion control device protecting the replaced structure conforms to the requirements as set forth in subsection (C) of this section.
(7) The owner renourishes the beach in front of the property on a yearly basis with an amount and type of sand to be approved by the council, but which must not be less than one and one-half times the yearly volume of sand lost due to erosion. However, the provisions of this item do not apply if the structure is in an area landward of an ongoing federal, state, or local government renourishment project.
(8) The reconstruction is not seaward of the baseline.
If a habitable structure is rebuilt pursuant to this section, no recreational amenity may be built or rebuilt seaward of the setback line. Nothing in this section allows any rebuilding in the area from the baseline to twenty feet landward of the baseline. A person having a recorded interest or interest by operation of law in or registered claim to land within the area from the baseline to twenty feet landward of the baseline affected by this prohibition may petition the circuit court to determine whether the petitioner is the owner of the land in question, or has an interest in it, and in case he is adjudged the owner of the subject land, or has an interest in it, the court shall determine whether the rebuilding prohibition so restricts the use of his property as to deprive him of the practical uses of it, being not otherwise authorized by law, and is therefore an unreasonable exercise of the police power because the prohibition constitutes the equivalent of taking without compensation. The burden of proof is on the petitioner as to ownership and the burden of proof is on the State to prove that the prohibition is not an unreasonable exercise of the police power. The method provided in this subsection for the determination of the issue of whether the prohibition constitutes a taking without compensation is exclusive and the issue may not be determined in any other proceeding. The court shall enter a judgment in accordance with the issues. If the judgment is in favor of petitioner, the order shall require the State to either issue the necessary permits for reconstruction of the structure or, in the alternative, to provide reasonable compensation for the loss of use of the land. From a decision of the court either party may appeal as a matter of right. If the owner decides not to repair or rebuild the damaged habitable structure, then he is responsible for its removal. Rebuilding is only allowed when the original structure has been destroyed beyond repair. Nothing in this section prevents the performance of normal maintenance or repairs that do not alter the exterior walls of the structure nor prevents the reconstruction of walkways or other structures providing access to the beach.
(C) If an erosion control device seaward of the setback line is damaged by a natural disaster, the owner shall report it to the council. The council then shall determine if a damage appraisal is needed. If an erosion control device is determined to be less than fifty percent damaged, it may be repaired in the original location if permitted by the local zoning and building authority. If the erosion control device is determined to be damaged or destroyed fifty percent or more, it must not be repaired but may be replaced by the owner if a permit is obtained from the local governing body and a permit is obtained from the council which requires that:
(1) the replaced erosion control device is constructed according to guidelines to be developed by the council which prohibit vertical erosion control devices and which require construction according to generally accepted engineering and scientific principles;
(2) the replacement erosion control device protects a habitable structure and is moved as far landward as possible, and the most seaward point of the replaced erosion control device does not extend further seaward than the original vertical erosion control device or the landward crest of the original sloping revetment unless this requirement would result in the replaced erosion control device being located in a position which would intersect with or damage the existing habitable structure.
Notwithstanding any other provision of this section, an erosion control device protecting undeveloped property may be replaced at its original location in order to provide a continuous structure as it existed before the damage, and the structure must conform to the guidelines as set forth in item (1) of this subsection.
If an erosion control device is replaced pursuant to this section, the owner is required to renourish the beach in front of the property on a yearly basis with an amount and type of sand to be approved by the council, but which is not less than one and one-half times the yearly volume of sand lost due to erosion. However, the provisions of this subsection do not apply if the structure is in an area landward of an ongoing federal, state, or local government renourishment project.
Any failure to comply with the requirements of this section results in the immediate removal of the erosion control device by the owner.
If the owner decides not to repair or replace the damaged erosion control device then he is responsible for its removal. Effective thirty years after the effective date of Sections 48-39-270 through 48-39-360, all vertical seawalls must be replaced with an erosion control device which is constructed according to guidelines to be developed by the council and which must comply with the requirements set forth in this subsection unless a registered structural engineer certifies to the council that the removal of the existing erosion control device would result in the immediate collapse or damage to existing habitable structures. Nothing in this paragraph requires the removal of any erosion control device protecting a public highway which existed on the effective date of Sections 48-39-270 through 48-39-360. A local governing body may, if it notifies the council before July 1, 1988, exempt from the provisions of this subsection the shoreline fronting the Atlantic Ocean under its jurisdiction where coastal erosion has been shown to be attributed to a federally authorized navigation project as documented by the findings of a Section 111 Study conducted under the authority of the Rivers and Harbors Act of 1968, as amended by the Water Resources Development Act of 1986, and approved by the United States Army Corps of Engineers. Should the local governing body exempt its shoreline pursuant to this section, the area of shoreline so exempted shall not be eligible for any state funds provided for the purposes of beach renourishment.
(D) All original damage appraisals must be conducted by a certified appraiser retained by the property owner. The council may choose to retain a second appraisal from a certified appraiser. If the second appraisal varies from the first appraisal so as to require the replacement of the erosion control device, a third certified appraiser must be selected by the previous two appraisers with the costs being shared equally by the property owner and the council. The percentage of damage determined by the third appraiser is final.
(E) However, the local zoning and building authorities shall notify the council upon the issuance of any permits required pursuant to this section. The council shall enforce the provisions of this section pursuant to Section 48-39-50(I).
Section 48-39-300. No new habitable structures are allowed to be constructed, placed, or otherwise made to appear seaward of the setback line, except for new habitable structures no larger than a total of five thousand square feet inclusive of porches, decks, patios, and garages and only on lots platted as of the effective date of Sections 48-39-270 through 48-39-360. However, no new habitable structures are allowed in the area from the baseline to twenty feet landward of the baseline. No new construction is allowed seaward of the baseline. No new recreational amenities may be constructed, placed, or otherwise made to appear seaward of the setback line. The new habitable structure must be constructed according to the local zoning and building codes and is contingent upon certification being given to the council that the habitable structure shall be no larger than five thousand square feet inclusive of porches, decks, patios, and garages and shall be located as far landward on the property as practicable. No new erosion control devices are allowed to be constructed, placed, or otherwise made to appear seaward of the setback line, except for the protection of public highways which existed on the effective date of Sections 48-39-270 through 48-39-360. No erosion control devices may be incorporated as an integral part of any new habitable structure constructed pursuant to this section. However, any person, partnership, or corporation who owns real property that is subject to the setback line as provided for in this section may proceed with the construction of a building under an issued building permit or the construction of buildings and other elements of the master plan, planned development, or planned unit development as approved notwithstanding the setback line established for the property if the person, partnership, or corporation legally has begun a use as evidenced by at least one of the following:
(1) All building permits have been issued by a local government before March 1, 1988.
(2) There is a master plan, planned development, or planned unit development:
(a) that has been approved in writing by a local government before March 1, 1988; or
(b) where work has begun pursuant to approval as evidenced by the completion of the utility and infrastructure installation designed to service the real property that is subject to the setback line and included in the approved master plan, planned development, or planned unit development.
The completed utility and infrastructure installation must be pursuant to a site development plan for utility and infrastructure installation that has been approved by the municipality or local government, and the utility and infrastructure installation must have been completed as of March 1, 1988, pursuant to the plan.
However, any repairs performed on a habitable structure built pursuant to this section is subject to the guidelines for repairs as set forth in Section 48-39-290(A).
Nothing herein prohibits the construction of fishing piers or structures, which enhance beach access, seaward of the baseline if permitted by the council.
Section 48-39-310. The destruction of any beach or dune vegetation seaward of the setback line is prohibited unless there is no feasible alternative. When there is destruction of vegetation permitted seaward of the setback line, mitigation for the destruction is required as part of the permit conditions.
Section 48-39-320. The council's responsibilities include the creation of a long-range and comprehensive beach management plan for the Atlantic Ocean shoreline in South Carolina. The plan must include all of the following:
(1) development of the data base for the state's coastal areas to provide essential information necessary to make informed and scientifically based decisions concerning the maintenance or enhancement of the beach/dune system;
(2) development of guidelines and their coordination with appropriate agencies and local governments for the accomplishment of:
(a) beach/dune restoration and nourishment, including the projected impact on coastal erosion rates, cost/benefit of the project, impact on floor flora and fauna, and funding alternatives;
(b) development of a beach access program to preserve the existing public access and enhance public access to assure full enjoyment of the beach by all residents of this State;
(c) maintenance of a dry sand and ecologically stable beach;
(d) protection of all sand dunes seaward of the setback line;
(e) protection of endangered species, threatened species, and important habitats, such as nesting grounds;
(f) regulation of vehicular traffic upon the beaches and the beach/dune system which includes the prohibition of vehicles upon public beaches for nonessential uses;
(g) development of a mitigation policy for construction allowed seaward of the setback line, which must include dedication of public access ways, nourishment, vegetation, and other appropriate means;
(3) formulation of recommendations for funding programs which may achieve the goals set forth in the State Comprehensive Beach Management Plan;
(4) development of a program on public education and awareness of the importance of the beach/dune system, the project to be coordinated with the South Carolina Educational Television Network and Department of Parks, Recreation and Tourism;
(5) assistance to local governments in developing the local comprehensive beach management plans.
Section 48-39-330. Thirty days after the initial adoption by the council of setback lines, any contract of sale and any deed with respect to transfers of real property located in whole or in part seaward of the setback line must contain a disclosure statement including the location of the property in proximity to the setback line, the baseline, the velocity zone, as defined by the federal emergency management agency, the seaward corners of all habitable structures referenced to the South Carolina State Plane Coordinate System (N. A. D. - 1983), and include the local erosion rate most recently made available by the council for that particular inlet erosion zone or standard erosion zone, as applicable. Any language reasonably calculated to call attention to the existence of baselines, setback lines, the velocity zone, and the erosion rate, or reference to a plat that shows the location of the lines and zones and includes the applicable erosion rate complies to comply with this section.
Section 48-39-340. Any funding for local governments to provide for beach front management must be distributed in a fair and equitable manner. Consideration must be given to the size of the locality, the need for beach management in the area, the cost/benefits of expenditures in that area, and the best interest of the beach/dune system of the State as prioritized by the council.
Section 48-39-350. (A) The local governments shall prepare within two years of the effective date of Sections 48-39-270 through 48-39-360 in coordination with the council a local comprehensive beach management plan which must be submitted for approval to the council. The local comprehensive beach management plan, at a minimum, must contain all of the following:
(1) an inventory of beach profile data and historic erosion rate data provided by the council for each standard erosion zone and inlet erosion zone under the local jurisdiction;
(2) an inventory of public beach access and attendant parking along with a plan for enhancing public access and parking;
(3) an inventory of all structures located in the area seaward of the setback line;
(4) an inventory of turtle nesting and important habitats of the beach/dune system and a protection and restoration plan if necessary;
(5) a conventional zoning and land use plan consistent with the purposes of this chapter for the area seaward of the setback line;
(6) an analysis of beach erosion control alternatives, including renourishment for the beach under the local government's jurisdiction;
(7) a drainage plan for the area seaward of the setback zone;
(8) a post disaster plan including plans for cleanup, maintaining essential services, protecting public health, emergency building ordinances, and the establishment of priorities, all of which must be consistent with this chapter;
(9) a detailed strategy for achieving the goals of this chapter by the end of the forty-year retreat period. Consideration must be given to relocating buildings, removal of erosion control structures, and relocation of utilities;
(10) a detailed strategy for achieving the goals of preservation of existing public access and the enhancement of public access to assure full enjoyment of the beach by all residents of this State.
The plan must be updated at least every five years in coordination with the council following its approval. The local governments and the council shall work together and implement the plan within three years of the effective date of Sections 48-39-270 through 48-39-360.
(B) Notwithstanding the provisions of Section 48-39-340, if a local government fails to act in a timely manner to establish and enforce a local coastal beach management plan, the council shall impose and implement the plan or the State Comprehensive Beach Management Plan for the local government. If a local government fails to establish and enforce a local coastal beach management plan, the government automatically loses its eligibility to receive any available state-generated or shared revenues designated for beach/dune system protection, preservation, restoration, or enhancement, except as directly applied by the council in its administrative capacities.
Section 48-39-360. The provisions of this chapter do not apply to any areas which are at least one-half mile inland from the mouth of an inlet.
Section 48-39-270. As used in this chapter:
(1) Erosion control structures or devices include:
(a) seawall: a special type of retaining wall that is designed specifically to withstand normal wave forces;
(b) bulkhead: a retaining wall designed to retain fill material but not to withstand wave forces on an exposed shoreline;
(c) revetment: a sloping structure built along an escarpment or in front of a bulkhead to protect the shoreline or bulkhead from erosion.
(2) Habitable structure means a structure suitable for human habitation including, but not limited to, single or multifamily residences, hotels, condominium buildings, and buildings for commercial purposes. Each building of a condominium regime is considered a separate habitable structure, but if a building is divided into apartments, then the entire building, not the individual apartment, is considered a single habitable structure. Additionally, a habitable structure includes porches, gazebos, and other attached improvements.
(3) Council means the South Carolina Coastal Council.
(4) Beach nourishment means the artificial establishment and periodic renourishment of a beach with sand that is compatible with the existing beach in a way so as to create a dry sand beach at all stages of the tide.
(5) The beach/dune system includes all land from the mean highwater mark of the Atlantic Ocean landward to the setback line described in Section 48-39-280.
(6) A standard erosion zone is a segment of shoreline which is subject to essentially the same set of coastal processes, has a fairly constant range of profiles and sediment characteristics, and is not influenced directly by tidal inlets or associated inlet shoals.
(7) An inlet erosion zone is a segment of shoreline along or adjacent to tidal inlets which is influenced directly by the inlet and its associated shoals.
(8) Master plan means a document or a map prepared by a developer or a city as a policy guide to decisions about the physical development of the project or community.
(9) Planned development means a development plan which has received local approval for a specified number of dwelling and other units. The siting and size of structures and amenities are specified or restricted within the approval. This term specifically references multifamily or commercial projects not otherwise referenced by the terms, master plan, or planned unit development.
(10) Planned unit development means a residential, commercial, or industrial development, or all three, designed as a unit and approved by local government.
(11) Destroyed beyond repair means that more than sixty-six and two-thirds percent of the replacement value of the habitable structure or pool has been destroyed. If the owner disagrees with the appraisal of the council, he may obtain an appraisal to evaluate the damage to the building or pool. If the appraisals differ, then the two appraisers shall select a third appraiser. If the two appraisers are unable to select a third appraiser, the clerk of court of the county where the structure lies shall make the selection. The determination of percentage of damage by the third appraisal is conclusive.
(12) Pool is a structure designed and used for swimming and wading.
(13) Active beach is that area seaward of the escarpment or the first line of stable natural vegetation, whichever first occurs, measured from the ocean.
Section 48-39-280. (A) A forty-year policy of retreat from the shoreline is established. The council shall implement this policy and shall utilize the best available scientific and historical data in the implementation. The council shall establish a baseline which parallels the shoreline for each standard erosion zone and each inlet erosion zone.
(1) The baseline for each standard erosion zone is established at the location of the crest of an ideal primary oceanfront sand dune in that zone. In standard erosion zones in which the shoreline has been altered naturally or artificially by the construction of erosion control devices, groins, or other manmade alterations, the baseline must be established by the council using the best scientific and historical data, as where the crest of the primary oceanfront sand dunes for that zone would be located if the shoreline had not been altered.
(2) The baseline for inlet erosion zones that are not stabilized by jetties, terminal groins, or other structures must be determined by the council as the most landward point of erosion at any time during the past forty years, unless the best available scientific and historical data of the inlet and adjacent beaches indicate that the shoreline is unlikely to return to its former position. In collecting and utilizing the best scientific and historical data available for the implementation of the retreat policy, the council, as part of the State Comprehensive Beach Management Plan provided for in this chapter, among other factors, shall consider: historical inlet migration, inlet stability, channel and ebb tidal delta changes, the effects of sediment bypassing on shorelines adjacent to the inlets, and the effects of nearby beach restoration projects on inlet sediment budgets.
(3) The baseline within inlet erosion zones that are stabilized by jetties, terminal groins, or other structures must be determined in the same manner as provided for in item (1). However, the actual location of the crest of the primary oceanfront sand dunes of that erosion zone is the baseline of that zone, not the location had the inlet remained unstabilized.
(4) Notwithstanding any other provision of this section, where there is an existing erosion control structure or device previously permitted by the council or by law, the local government or the landowner, with notice to the local government, may petition the council to move the baseline as far seaward as the landward edge of the erosion control structure or device by showing that the beach seaward of the erosion control structure or device has been stabilized by council-approved beach nourishment.
If the petitioner is asking that the baseline be moved seaward pursuant to this section, he shall show an ongoing commitment to renourishment which will stabilize and maintain the dry sand beach at all stages of the tide seaward of the erosion control structure or device for the foreseeable future.
If the council grants the petition to move the baseline seaward pursuant to this section, no new construction may occur in the area between the former baseline and the new baseline for three years after the initial beach nourishment project has been completed as determined by the council.
If the beach nourishment fails to stabilize the beach in front of the erosion control structure or device, after a reasonable period of time, the council shall move the baseline landward to the primary oceanfront sand dune as determined pursuant to items (1), (2), and (3) for that section of the beach.
(B) To implement the retreat policy provided for in subsection (A), a setback line must be established landward of the baseline a distance which is forty times the average annual erosion rate or not less than twenty feet from the baseline for each erosion zone based upon the best historical and scientific data adopted by the council as a part of the State Comprehensive Beach Management Plan.
(C) The council, before July 3, 1990, shall establish a final baseline and setback line for each erosion zone based on the best available scientific and historical data as provided in subsection (B) and with consideration of public input. The baseline and setback line must not be revised before July 1, 1998, nor later than July 1, 2000. After that revision, the baseline and setback line must be revised not less than every eight years, but not more than every ten years after each preceding revision. In the establishment and revision of the baseline and setback line, the council shall transmit and otherwise make readily available to the public all information upon which its decisions are based for the establishment of the final baseline and setback line. The council shall hold one public hearing before establishing the final baseline and setback lines. Until the council establishes new baselines and setback lines, the existing baselines and setback lines must be used. The council may stagger the revision of the baselines and setback lines of the erosion zones so long as every zone is revised in accordance with the time guidelines established in this section.
(D) In order to locate the baseline and the setback line, the council shall establish monumented and controlled survey points in each county fronting the Atlantic Ocean. The council shall acquire sufficient surveyed topographic information on which to locate the baseline. Surveyed topographic data typically must be gathered at two thousand foot intervals. However, in areas subject to significant near term development and in areas currently developed, the interval, at the discretion of the council, may be more frequent. The resulting surveys must locate the crest of the primary oceanfront sand dunes to be used as the baseline for computing the forty-year erosion rate. In cases where no primary oceanfront sand dunes exist, a study conducted by the council is required to determine where the upland location of the crest of the primary oceanfront sand dune would be located had the shoreline not been altered. The council, by regulation, may exempt specifically described portions of the coastline from the survey requirements of this section when, in its judgment, the portions of coastline are not subject to erosion or are not likely to be developed by virtue of local, state, or federal programs in effect on the coastline which would preclude significant development, or both.
(E) A landowner claiming ownership of property affected who feels that the final or revised setback line, baseline, or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three. The requests must be forwarded to the appropriate committee of the council and handled in accordance with the council's regulations on appeals.
Section 48-39-290. (A) No new construction or reconstruction is allowed seaward of the baseline except as follows:
(1) wooden walkways no larger in width than six feet;
(2) small wooden decks no larger than twelve feet by twelve feet;
(3) fishing piers. Those fishing piers with their associated structures which existed September 21, 1989, may be rebuilt if they are constructed to the same dimensions and utilized for the same purposes;
(4) golf courses;
(5) normal landscaping;
(6) structures specifically permitted by special permit as provided in subsection (D);
(7) pools may be reconstructed provided they are landward of an existing, functional erosion control structure or device.
A permit must be obtained from the council for items (2) through (7).
(B) Construction, reconstruction, or alterations between the baseline and the setback line are governed as follows:
(1) Habitable structures:
(a) New habitable structures: If part of a new habitable structure is constructed seaward of the setback line, the owner shall certify in writing to the council that the construction meets the following requirements:
(i) The habitable structure is no larger than five thousand square feet of heated space. The structure must be located as far landward on the property as practicable. A drawing must be submitted to the council showing a footprint of the structure on the property, a cross section of the structure, and the structure's relation to property lines and setback lines which may be in effect. No erosion control structure or device may be incorporated as an integral part of a habitable structure constructed pursuant to this section.
(ii) No part of the building is being constructed on the primary oceanfront sand dune or seaward of the baseline.
(b) Habitable structures which existed on the effective date of Sections 48-39-250 through 48-39-360 or constructed pursuant to this section:
(i) Normal maintenance and repair of habitable structures is allowed without notice to the council.
(ii) Additions to habitable structures are allowed if the additions together with the existing structure do not exceed five thousand square of heated space inclusive of that area of existing pools seaward of the setback line. Additions to habitable structures must comply with the conditions of new habitable structures as set forth in subitem (a).
(iii) Repair or renovation of habitable structures damaged, but not destroyed beyond repair, due to natural or manmade causes is allowed.
(iv) Replacement of habitable structures destroyed beyond repair due to natural causes is allowed after notification is provided by the owner to the council that all of the following requirements are met.
a. The total square footage of the replaced structure does not exceed the total square footage of the original structure. The linear footage of the replaced structure parallel to the coast does not exceed the original linear footage parallel to the coast.
b. The replaced structure is no farther seaward than the original structure.
c. Where possible, the replaced structure is moved landward of the setback line or if not possible, then as far landward as is practicable, considering local zoning and parking regulations.
d. The reconstruction is not seaward of the baseline.
(v) Replacement of habitable structures destroyed beyond repair due to manmade causes is allowed provided the rebuilt structure is no larger than the original structure it replaces and is constructed as far landward as possible, but the new structure must not be farther seaward than the original structure.
(2) Erosion control devices:
(a) No new erosion control structures or devices are allowed seaward of the setback line or on a lot fronted by the baseline except to protect a public highway which existed on the effective date of Sections 48-39-250 through 48-39-360.
(b) Erosion control structures or devices which existed on the effective date of Sections 48-39-250 through 48-39-360 must not be repaired or replaced if destroyed more than fifty percent.
(i) Damage to seawalls and bulkheads must be judged on the percent of the structure remaining intact at the time of damage assessment. The portion of the structure or device above grade parallel to the shoreline must be evaluated. The length of the structure or device parallel to the shoreline still intact must be compared to the length of the structure or device parallel to the shoreline which has been destroyed. The length of the structure or device parallel to the shoreline determined to be destroyed divided by the total length of the original structure or device parallel to the shoreline yields the percent destroyed. Those portions of the structure or device standing, cracked or broken piles, whalers, and panels must be assessed on an individual basis to ascertain if these components are repairable or if replacement is required. Revetments must be judged on the extent of displacement of stone, effort required to return these stones to the prestorm event configuration of the structure or device, and ability of the revetment to retain backfill material at the time of damage assessment. If the property owner disagrees with the assessment of a registered professional engineer acting on behalf of the council, he may obtain an assessment by a registered professional engineer to evaluate, as set forth in this item, the damage to the structure or device. If the two assessments differ, then the two engineers who performed the assessments shall select a registered professional engineer to perform the third assessment. If the first two engineers are unable to select an engineer to perform the third assessment, the clerk of court of the county where the structure or device lies shall make the selection of a registered professional engineer. The determination of percentage of damage by the third engineer is conclusive.
(ii) The determination of the degree of destruction must be made on a lot by lot basis by reference to county tax maps.
(iii) Erosion control structures or devices must not be enlarged, strengthened, or rebuilt but may be maintained in their present condition if not destroyed more than fifty percent. Repairs must be made with materials similar to those of the structure or device being repaired.
(c) Erosion control structures or devices determined to be more than fifty percent destroyed must be removed at the owner's expense. Nothing in this section requires the removal of an erosion control structure of a device protecting a public highway which existed on the effective date of Sections 48-39-250 through 48-39-360.
(d) The provisions of this section do not affect or modify the provisions of Section 48-39-120(C).
(3) Pools, as defined in Section 48-39-270(12):
(a) No new pools may be constructed seaward of the setback line.
(b) Normal maintenance and repair is allowed without notice to the council.
(c) If a pool, existing on July 1, 1988, is destroyed beyond repair, as determined by the council pursuant to Section 48-39-270(11), it may be replaced if the owner certifies in writing to the council that:
(i) It is moved as far landward as practical. This determination of practicality must include the consideration of local zoning requirements.
(ii) It is rebuilt no larger than the destroyed pool.
(iii) It is constructed according to acceptable standards of pool construction and cannot be reinforced in a manner so as to act as an erosion control structure or device.
(d) If a pool is not destroyed beyond repair as determined by the council pursuant to Section 48-39-270(11) but the owner wishes to replace it, the owner may do so if:
(i) The dimensions of the pool are not enlarged.
(ii) The construction conforms to sub-subitem (iii) of subitem (c).
(4) All other construction or alteration between the baseline and the setback line require a council permit. However, the council, in its discretion, may issue general permits for construction or alterations where issuance of the general permits would advance the implementation and accomplishment of the goals and purposes of Sections 48-39-250 through 48-39-360.
(C) (1) Notwithstanding the provisions relating to new construction, a person, partnership, or corporation owning real property that is affected by the setback line as established in Section 48-39-280 may proceed with construction pursuant to a valid building permit issued as of the effective date of this section. The person, partnership, or corporation may proceed with the construction of buildings and other elements of a master plan, planned development, or planned unit development notwithstanding the setback line established in this chapter if the person, partnership, or corporation legally has begun a use as evidenced by at least one of the following:
(a) All building permits have been applied for or issued by a local government before July 1, 1988.
(b) There is a master plan, planned development, or planned unit development:
(i) that has been approved in writing by a local government before July 1, 1988; or
(ii) where work has begun pursuant to approval as evidenced by the completion of the utility and infrastructure installation designed to service the real property that is subject to the setback line and included in the approved master plan, planned development, or planned unit development.
(2) However, repairs performed on a habitable structure built pursuant to this section are subject to the guidelines for repairs as set forth in this section.
(3) Nothing in this section prohibits the construction of fishing piers or structures which enhance beach access seaward of the baseline, if permitted by the council.
(D) Special permits:
(1) If an applicant requests a permit to build or rebuild a structure other than an erosion control structure or device seaward of the baseline that is not allowed otherwise pursuant to Sections 48-39-250 through 48-39-360, the council may issue a special permit to the applicant authorizing the construction or reconstruction if the structure is not constructed or reconstructed on a primary oceanfront sand dune or on the active beach, and if the beach erodes to the extent the permitted structure becomes situated on the active beach, the permittee agrees to remove the structure from the active beach if the council orders the removal. However, the use of the property authorized under this provision, in the determination of the council, must not be detrimental to the public health, safety, or welfare.
(2) The council's Permitting Committee is the committee to consider applications for special permits.
(3) In granting a special permit, the committee may impose reasonable additional conditions and safeguards as in its judgment, will fulfill the purposes of Sections 48-39-250 through 48-39-360.
(4) A party aggrieved by the committee's decision to grant or deny a special permit application, may appeal to the full council pursuant to Section 48-39-150(D).
Section 48-39-300. A local governing body, if it notifies the council before July 1, 1990, may exempt from the provisions of Section 48-39-290, relating to reconstruction and removal of erosion control devices, the shorelines fronting the Atlantic Ocean under its jurisdiction where coastal erosion has been shown to be attributed to a federally authorized navigation project as documented by the findings of a Section III Study conducted under the authority of the Rivers and Harbors Act of 1968, as amended by the Water Resources Development Act of 1986 and approved by the United States Army Corps of Engineers. Erosion control devices exempt under this section must not be constructed seaward of their existing location, increased in dimension, or rebuilt out of materials different from that of the original structure. If the local governing body exempts its shoreline pursuant to this section, the area of shoreline exempted is not eligible for state funds provided for the purposes of beach renourishment except for state funds provided to meet the nonfederal share of a federal renourishment program according to guidelines established by council.
Section 48-39-305. (A) A person having a recorded interest or interest by operation of law in or having registered claim to land seaward of the baseline or setback line which is affected by the prohibition of construction or reconstruction may petition the circuit court to determine whether the petitioner is the owner of the land or has an interest in it. If he is adjudged the owner of the land or to have an interest in it, the court shall determine whether the prohibition so restricts the use of the property as to deprive the owner of the practical uses of it and is an unreasonable exercise of police power and constitutes a taking without compensation. The burden of proof is on the petitioner as to ownership, and the burden of proof is on the State to prove that the prohibition is not an unreasonable exercise of police power.
(B) The method provided in this section for the determination of the issue of whether the prohibition constitutes a taking without compensation is the exclusive judicial determination of the issue, and it must not be determined in another judicial proceeding. The court shall enter a judgment in accordance with the issues. If the judgment is in favor of the petitioner, the order must require the State either to issue the necessary permits for construction or reconstruction of a structure, order that the prohibition does not apply to the property, or provide reasonable compensation for the loss of the use of the land or the payment of costs and reasonable attorney's fees, or both. Either party may appeal the court's decision.
Section 48-39-310. The destruction of beach or dune vegetation seaward of the setback line is prohibited unless there is no feasible alternative. When there is destruction of vegetation permitted seaward of the setback line, mitigation, in the form of planting of new vegetation where possible, for the destruction is required as part of the permit conditions.
Section 48-39-320. (A) The council's responsibilities include the creation of a long-range and comprehensive beach management plan for the Atlantic Ocean shoreline in South Carolina. The plan must include all of the following:
(1) development of the data base for the state's coastal areas to provide essential information necessary to make informed and scientifically based decisions concerning the maintenance or enhancement of the beach/dune system;
(2) development of guidelines and their coordination with appropriate agencies and local governments for the accomplishment of:
(a) beach/dune restoration and nourishment, including the projected impact on coastal erosion rates, cost/benefit of the project, impact on flora and fauna, and funding alternatives;
(b) development of a beach access program to preserve the existing public access and enhance public access to assure full enjoyment of the beach by all residents of this State;
(c) maintenance of a dry sand and ecologically stable beach;
(d) protection of all sand dunes seaward of the setback line;
(e) protection of endangered species, threatened species, and important habitats such as nesting grounds;
(f) regulation of vehicular traffic upon the beaches and the beach/dune system which includes the prohibition of vehicles upon public beaches for nonessential uses;
(g) development of a mitigation policy for construction allowed seaward of the setback line, which must include public access ways, nourishment, vegetation, and other appropriate means;
(3) formulation of recommendations for funding programs which may achieve the goals set forth in the State Comprehensive Beach Management Plan;
(4) development of a program on public education and awareness of the importance of the beach/dune system, the project to be coordinated with the South Carolina Educational Television Network and Department of Parks, Recreation and Tourism;
(5) assistance to local governments in developing the local comprehensive beach management plans.
(B) The plan provided for in this section is to be used for planning purposes only and must not be used by the council to exercise regulatory authority not otherwise granted in this chapter, unless the plan is created and adopted pursuant to Chapter 23 of Title 1.
Section 48-39-330. Thirty days after the initial adoption by the council of setback lines, a contract of sale or transfer of real property located in whole or in part seaward of the setback line or the jurisdictional line must contain a disclosure statement that the property is or may be affected by the setback line, baseline, and the seaward corners of all habitable structures referenced to the South Carolina State Plane Coordinate System (N.A.D.-1983) and include the local erosion rate most recently made available by the council for that particular standard zone or inlet zone as applicable. Language reasonably calculated to call attention to the existence of baselines, setback lines, jurisdiction lines, and the seaward corners of all habitable structures and the erosion rate complies with this section.
The provisions of this section are regulatory in nature and do not effect the legality of an instrument violating the provisions.
Section 48-39-340. Funding for local governments to provide for beachfront management must be distributed in a fair and equitable manner. Consideration must be given to the size of the locality, the need for beach management in the area, the cost/benefits of expenditures in that area, and the best interest of the beach/dune system of the State as established by priority by the council.
Section 48-39-350. (A) The local governments shall prepare by July 1, 1991, in coordination with the council, a local comprehensive beach management plan which must be submitted for approval to the council. The local comprehensive beach management plan, at a minimum, must contain all of the following:
(1) an inventory of beach profile data and historic erosion rate data provided by the council for each standard erosion zone and inlet erosion zone under the local jurisdiction;
(2) an inventory of public beach access and attendant parking along with a plan for enhancing public access and parking;
(3) an inventory of all structures located in the area seaward of the setback line;
(4) an inventory of turtle nesting and important habitats of the beach/dune system and a protection and restoration plan if necessary;
(5) a conventional zoning and land use plan consistent with the purposes of this chapter for the area seaward of the setback line;
(6) an analysis of beach erosion control alternatives, including renourishment for the beach under the local government's jurisdiction;
(7) a drainage plan for the area seaward of the setback zone;
(8) a post disaster plan including plans for cleanup, maintaining essential services, protecting public health, emergency building ordinances, and the establishment of priorities, all of which must be consistent with this chapter;
(9) a detailed strategy for achieving the goals of this chapter by the end of the forty-year retreat period. Consideration must be given to relocating buildings, removal of erosion control structures, and relocation of utilities;
(10) a detailed strategy for achieving the goals of preservation of existing public access and the enhancement of public access to assure full enjoyment of the beach by all residents of this State.
The plan must be updated at least every five years in coordination with the council following its approval. The local governments and the council shall work together and implement the plan by July 1, 1992.
(B) Notwithstanding the provisions of Section 48-39-340, if a local government fails to act in a timely manner to establish and enforce a local coastal beach management plan, the council shall impose and implement the plan or the State Comprehensive Beach Management Plan for the local government. If a local government fails to establish and enforce a local coastal beach management plan, the government automatically loses its eligibility to receive available state-generated or shared revenues designated for beach/dune system protection, preservation, restoration, or enhancement, except as directly applied by the council in its administrative capacities.
(C) Local governments may utilize resources and information necessary to formulate group voluntary renourishment projects pursuant to Sections 48-39-270(14) and 12-7-1300 in order to accomplish a consistent and timely renourishment program including, but not limited to, the following:
(1) development of a master renourishment plan within the jurisdiction of the local government;
(2) contact with individual or group property owners whose property fronts the beach/dune system;
(3) solicitation of individual or group property owners for pro rata contributions to the master renourishment plan;
(4) assessment and collection of voluntary payments from individuals or group property owners for the expenses incurred in implementing the master renourishment plan including administrative costs, renourishment costs, and other expenditures as approved by the council. Assessments paid by individual property owners are subject to income tax treatment pursuant to Section 12-7-1250.
Section 48-39-355. A permit is not required for an activity specifically authorized in this chapter. However, the council may require documentation before the activity begins from a person wishing to undertake an authorized construction or reconstruction activity. The documentation must provide that the construction or reconstruction is in compliance with the terms of the exemptions or exceptions provided in Sections 48-39-280 through 48-39-360.
Section 48-39-360. The provisions of Sections 48-39-250 through 48-39-360 do not apply to an area which is at least one-half mile inland from the mouth of an inlet."
SECTION 7. Sections 1 and 2 of Act 634 of 1988 are repealed.
SECTION 8. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. STURKIE explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. CORBETT demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 69 to 22.
The Ways and Means Committee proposed the following Amendment No. 3 (Doc. No. 1679X).
Amend the report of the Committee on Agriculture and Natural Resources, as and if amended, by striking SECTION 1, beginning on page 0391-1.
Amend further, as and if amended, by striking SECTION 4, beginning on page 0391-5.
Amend further, as and if amended, in Section 48-39-280(C), as contained in SECTION 6, page 0391-30, line 29, by striking /1990/ and inserting /1991/ so that when amended subsection (C) reads:
/(C) The council, before July 3, 1991, shall establish a final baseline and setback line for each erosion zone based on the best available scientific and historical data as provided in subsection (B) and with consideration of public input. The baseline and setback line must not be revised before July 1, 1998, nor later than July 1, 2000. After that revision, the baseline and setback line must be revised not less than every eight years, but not more than every ten years after each preceding revision. In the establishment and revision of the baseline and setback line, the council shall transmit and otherwise make readily available to the public all information upon which its decisions are based for the establishment of the final baseline and setback line. The council shall hold one public hearing before establishing the final baseline and setback lines. Until the council establishes new baselines and setback lines, the existing baselines and setback lines must be used. The council may stagger the revision of the baselines and setback lines of the erosion zones so long as every zone is revised in accordance with the time guidelines established in this section./
Amend further, as and if amended, in Section 48-39-290(A)(2), as contained in SECTION 6, page 0391-32, by striking beginning on line 9 /twelve feet by twelve/ and inserting /one hundred forty-four square/, so that when amended Section 48-39-290(a)(2) reads:
/(2) small wooden decks no larger than one hundred forty-four square feet;/.
Amend further, as and if amended, in Section 48-39-290(B)(2)(c), as contained in SECTION 6, page 0391-35, line 28, by striking /of a/ and inserting /or a/, so that when amended, Section 48-39-290(B)(2)(c) reads:
/(c) Erosion control structures or devices determined to be more than fifty percent destroyed must be removed at the owner's expense. Nothing in this section requires the removal of an erosion control structure or a device protecting a public highway which existed on the effective date of Sections 48-39-250 through 48-39-360./
Amend further, in Section 48-39-350, as contained in SECTION 6, page 0391-43, by striking subsection (C) beginning on line 6 through line 30.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3, Rep. KIRSH having the floor.
Rep. McTEER moved that the House recur to the morning hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3, Rep. KIRSH having the floor.
S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD; AND PROVIDE FOR THE EFFECTIVE DATE.
Debate was resumed on Amendment No. 3 by the Committee on Ways and Means.
Rep. KIRSH continued speaking.
The question then recurred to the adoption of the amendment.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Bennett Blackwell Boan Brown, G. Brown, H. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corbett Corning Davenport Derrick Elliott Fair Fant Felder Gentry Glover Gordon Gregory Hallman Harris, J. Harrison Haskins Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kinon Kirsh Klapman Kohn Koon Limehouse Littlejohn Manly Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Quinn Rama Rhoad Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Townsend Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
Cork Mappus Sturkie
So, the amendment was adopted.
Reps. LIMEHOUSE, BARBER, G. BAILEY, CORBETT, HOLT, WHIPPER, WINSTEAD, D. MARTIN, MAPPUS, WHITE, J. BAILEY, RAMA, KEEGAN, KOHN, GREGORY, KEYSERLING, WOFFORD, CORK, BARFIELD and HALLMAN proposed the following Amendment No. 4 (Doc. No. 0946o), which was adopted.
Amend the bill, as and if amended, by adding new sections to be appropriately numbered which shall read:
/SECTION ____. Section 48-39-40 of the 1976 Code is amended to read:
"Section 48-39-40. (A) There is hereby created the South Carolina Coastal Council which shall consist of eighteen members as follows: eight members, one from each coastal zone county, to be appointed by the local county governing body a majority vote of the members of the House of Representatives and the Senate representing the county, each House or Senate member to have one vote; six members, one from each of the congressional districts of the State, to be elected by a majority vote of the members of the House of Representatives and the Senate representing the counties in such that district, each such House or Senate member to have one vote; and the following legislative members who shall serve ex officio: two state Senators, one to be appointed by the President of the Senate and one to be elected by the Senate Fish, Game and Forestry Committee; and two members of the House of Representatives to be appointed by the Speaker of the House. The Council shall elect a chairman, vice-chairman and such those other officers as it deems considers necessary.
(B) Terms of legislative members shall be are coterminous with their terms as members of the General Assembly. Terms of all non-legislative members shall be are for four two years and until successors are appointed and qualify, except that of those initially appointed three of the members appointed by county governing bodies and two members from congressional districts shall serve terms of two years only as determined by lot at the first meeting of the Council. Vacancies shall must be filled in the original manner of selection for the remainder of the unexpired term."
SECTION ____. The current non-legislative members of the South Carolina Coastal Council shall serve until their present terms of office expire at which time their successors appointed in the manner provided in Section 48-39-40 of the 1976 Code, as amended by this act, shall take office./
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Rep. BARBER proposed the following Amendment No. 5 (Doc. No. 1440o), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, by adding a new Section 48-29-295 immediately following Section 48-29-290 to read:
/Section 48-29-295. If a property owner is prohibited on or after July 1, 1988, from constructing a new habitable structure or repairing or replacing an existing habitable structure on his property, or is prohibited from constructing other new permanent improvements or replacing or repairing other existing permanent improvements on his property as a result of the provisions of Sections 48-39-250 through 48-39-360, this is considered an inverse condemnation of his property by the State and as such the property owner is entitled to compensation pursuant to the provisions of the Eminent Domain Procedure Act./
Amend title to conform.
Rep. BARBER explained the amendment.
Rep. STURKIE moved to table the amendment, which was agreed to by a division vote of 51 to 25.
Rep. BARBER proposed the following Amendment No. 6 (Doc. No. 1431o), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, by striking Section 48-39-360 of the 1976 Code, as contained on page (0391-43) and inserting:
/Section 48-39-360. The provisions of Sections 48-39-250 through 48-39-360 do not apply to an area which is at least one-half mile inland from the mouth of an inlet. The provisions of Sections 48-39-250 through 48-39-360 also do not apply to an area in which the erosion of the beaches located in its jurisdiction is attributed to a federally authorized navigation project as documented by the findings of a Section 1-11 Study conducted under the authority of the federal River and Harbor Act of 1968, as amended by the federal Water Resources Development Act of 1986, and approved by the United States Army Corps of Engineers. Nothing contained in this section makes this area ineligible for beach renourishment funds./
Amend title to conform.
Rep. BARBER explained the amendment.
Rep. STURKIE spoke against the amendment and moved to table the amendment.
Rep. RAMA demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 43 to 27.
Rep. BARBER proposed the following Amendment No. 7 (Doc. No. 1437o), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 48-39-365. The General Assembly hereby recognizes the need for maintaining navigation inlets to promote commercial and recreational uses of our coastal waters and their resources. The General Assembly further recognizes that inlets alter the natural drift of beach-quality sand resources, which often results in these sand resources being deposited around shallow outer-bar areas instead of providing natural nourishment to the downdrift beaches. Therefore:
(1) All construction and maintenance dredgings of beach-quality sand should be placed on the downdrift beaches; or, if placed elsewhere, an equivalent quality and quantity of sand from an alternate location should be placed on the downdrift beaches at no cost to the State and at a location acceptable to the Coastal Council.
(2) On an average annual basis, a quantity of sand should be placed on the downdrift beaches equal to the natural net annual longshore sediment transport. This sand must be placed at no cost to the State. The placement location and quantities based on natural net annual longshore transport must be established by the Coastal Council, and the sand quality must be acceptable to the Council.
(3) The Coastal Council is authorized to promulgate those regulations necessary to implement the provisions of this section."/
Renumber sections to conform.
Amend title to conform.
Rep. BARBER explained the amendment.
Rep. MAPPUS moved to table the amendment.
Rep. BARBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Jaskwhich Mappus
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Bennett Blackwell Brown, H. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Elliott Faber Fant Farr Felder Gentry Glover Gordon Gregory Hallman Harris, J. Harrison Hayes Hodges Huff Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Kinon Kirsh Klapman Koon Lanford Limehouse Littlejohn Manly Martin, D. Martin, L. Mattos McAbee McBride McCain McElveen McGinnis McLellan Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Sturkie Taylor Townsend Vaughn Waites Waldrop Wells Whipper Wilder Wilkes Wilkins Williams, J. Winstead Wofford Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. CORBETT demanded the yeas and nays, which were not ordered.
The Bill, as amended, was read the second time and ordered to third reading by a division vote of 101 to 2.
Rep. BARBER moved to reconsider the vote whereby S. 391 was given a second reading and the motion was noted.
Rep. J.W. JOHNSON moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5075 -- Reps. Kay, T.C. Alexander, Chamblee, Cooper, P. Harris, McLellan, Townsend and Tucker: A CONCURRENT RESOLUTION TO COMMEND L. DANNY SHAW, PRINCIPAL OF CALHOUN STREET ELEMENTARY SCHOOL OF ANDERSON SCHOOL DISTRICT 5 FOR HIS OUTSTANDING CONTRIBUTION TO EDUCATION AS PRESIDENT OF THE SOUTH CAROLINA ASSOCIATION OF ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS.
H. 5077 -- Reps. Klapman, Keyserling, Harrison, T. Rogers, Quinn, Sturkie, Nesbitt, Koon, Rama, Keegan, M.D. Burriss, T.M. Burriss, Taylor, Barber, Mappus, Foster, Winstead, Hallman, Wright, Derrick, McElveen, Keesley, Burch, Cork, Corning, Waites and McBride: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF COUNTRY AND BLUEGRASS MUSICIAN DEWITT "SNUFFY" JENKINS OF COLUMBIA, UPON HIS DEATH.
H. 5078 -- Reps. Tucker, Townsend, Kay, Blackwell, H. Brown, Quinn, Harrison, M.D. Burriss, Simpson, P. Harris, T.C. Alexander, Hendricks, Fant, Cooper, McLellan, T.M. Burriss, Chamblee, L. Martin, Phillips, Barber, Wofford, Rama, Mattos, Baxley, Farr, Cole, Wells, Neilson, Nettles, Beasley, Wright, Corbett, Limehouse, Haskins, G. Bailey, J. Rogers, Vaughn, McAbee and Carnell: A CONCURRENT RESOLUTION TO CONGRATULATE CLEMSON UNIVERSITY BASEBALL COACH BILL WILHELM UPON HIS ONE THOUSANDTH CAREER VICTORY AND TO WISH HIM WELL AS HE CONTINUES TO DISTINGUISH HIMSELF, CLEMSON UNIVERSITY, AND THE PALMETTO STATE.
H. 5080 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION RECOGNIZING THE DEDICATED PUBLIC SERVICE AND CONTRIBUTIONS OF MR. RICHARDS TODD AS ASSISTANT DIRECTOR OF THE LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY AND WISHING HIM MUCH HAPPINESS IN HIS RETIREMENT.
H. 5081 -- Reps. T. Rogers, Waites, McBride, Faber, J. Brown, Taylor and Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE STEPHEN K. BENJAMIN, THE 1990-91 UNIVERSITY OF SOUTH CAROLINA STUDENT BODY PRESIDENT, UPON RECEIVING THE KELLY ALEXANDER, SR., MEMORIAL AWARD, THE HIGHEST AWARD GIVEN BY THE NAACP.
H. 5082 -- Reps. T. Rogers, M.D. Burriss, Harrison, J. Brown, Faber, McBride, Waites and Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE THE EAU CLAIRE HIGH SCHOOL ACADEMIC BOWL TEAM FOR WINNING RICHLAND SCHOOL DISTRICT 1 ACADEMIC BOWL CHAMPIONSHIP.
At 11:59 A.M. the House in accordance with the motion of Rep. KINON adjourned in memory of Holmes Bell of Dillon to meet at 10:00 A.M. tomorrow.
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