Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, as we come to a new week, hear words from Hebrews, Chapter 4 (v.16) (NRSV):
"Let us therefore approach the throne
of grace with boldness, so that we may
receive mercy and find grace to help in
time of need."
Let us pray.
Good Lord, we are fascinated by the term "the throne of grace"... the throne of God Almighty's undeserved favor.
Too often we think of our God as the great law-giver thundering from Mt. Sinai. Here we have the concept of a gracious God from Calvary.
In response to YOUR undeserved favor that YOU show us in so many ways, give us one more grace: the grace of gratitude manifested in lives of faithful service to our brothers and sisters in the human race... with zeal for the right things at the right time in the right way.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
May 3, 1996
Mr. Frank Caggiano
Clerk of the Senate
P.O. Box 142
Columbia, S.C. 29202
Dear Mr. Caggiano:
Under date of May 2, 1996, the State Election Commission certified to this office the results of the election of Senate District 40 held in Barnwell and Orangeburg counties on April 30, 1996. The certification shows that Honorable Brad Hutto has been elected Senator for Senate District 40.
I, therefore, certify that Honorable Brad Hutto has been elected as Senator for Senate District 40 for term as prescribed by law.
Yours very truly,
Jim Miles
Secretary of State
WHEREAS, pursuant to the Constitution and the Statutes of the State of South Carolina, an election was held by the qualified electors on the thirtieth day of April A.D. 1996, and
WHEREAS, upon examination of the Returns which have been recorded in my office by the Board of State Canvassers, it appears that you have been duly elected by the highest numbers of votes, and
WHEREAS, I repose special trust and confidence in your ability, care, prudence and integrity.
NOW BE IT KNOWN, in recognition of your election, and by virtue of the power in me vested, I have caused these letters to be made patent and do hereby certify that:
GIVEN UNDER MY HAND and the Seal of the State, in Columbia this Sixth Day of May, in the year of our Lord One Thousand Nine Hundred and Ninety Six, and in the Two Hundred and Twentieth year of Independence of the United States of America to forever be recorded in the official records of the state aforesaid.
Jim Miles
Secretary of State
The PRESIDENT recognized Senator DRUMMOND who welcomed Senator C. BRADLEY HUTTO, District 40.
On motion of Senator DRUMMOND, with unanimous consent, members of Senator HUTTO's family and special guests were granted the Privilege of the Chamber.
The PRESIDENT appointed the PRESIDENT Pro Tempore to escort Senator HUTTO and his wife to the podium.
Senator HUTTO presented himself at the podium and the oath of office was administered to him by the PRESIDENT.
Seat 17 Senator HUTTO
Senator HUTTO addressed the body with brief remarks.
The following was received and referred to the appropriate committee for consideration:
Document No. 2038
Promulgated by Department of Health and Environmental Control
61-92. Underground Storage Tank Control Regulations
Received by Lt. Governor April 26, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 24, 1996
(Subject to Sine Die Revision)
Senator GIESE introduced Dr. Al Pakalnis of Columbia, S.C., Doctor of the Day.
On motion of Senator FAIR, at 12:00 Noon, Senator HAYES was granted a leave of absence for today.
Columbia, S.C., April 25, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 1081 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
asks for a Committee of Conference, and has appointed Reps. Fulmer, Lanford and P. Harris of the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., April 30, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.
asks for a Committee of Conference, and has appointed Reps. Townsend, Stille and Vaughn of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators SETZLER, PEELER and HAYES of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.
Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.
There was no objection.
On motion of Senator LAND, with unanimous consent, the Bill was committed to the Committee on Judiciary.
H. 4850 -- Reps. Loftis and Anderson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 12, 1996, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Senator THOMAS asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
On motion of Senator THOMAS, with unanimous consent, the Resolution was ordered placed on the Calendar.
H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.
Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
On motion of Senator SALEEBY, with unanimous consent, the Bill was ordered placed on the Calendar.
H. 4977 -- Rep. McKay: A BILL TO RESTRICT IN FLORENCE COUNTY THE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS UNDER CERTAIN CONDITIONS AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.
Senator REESE asked unanimous consent to make a motion to recall the Bill from the Florence County Delegation.
There was no objection.
On motion of Senator REESE, with unanimous consent, the Bill was committed to the Committee on Agriculture and Natural Resources.
The following was introduced:
S. 1408 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-705 SO AS TO DESIGNATE SANDLAPPER, THE MAGAZINE OF SOUTH CAROLINA, AS THE OFFICIAL MAGAZINE OF THE STATE.
Read the first time and referred to the General Committee.
S. 1033 -- Senator Jackson: A BILL TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1331, SO AS TO ENACT THE "YOUTH MENTOR ACT", TO REQUIRE THE ATTORNEY GENERAL TO ESTABLISH A YOUTH MENTOR PROGRAM, CONSISTING OF A CHURCH MENTOR PROGRAM AND A COMMUNITY MENTOR PROGRAM, AND TO PROVIDE THAT PARTICIPATION IN THE PROGRAM MAY BE REQUIRED AS A PRETRIAL DIVERSION OPTION BY A SOLICITOR OR AS AN OPTIONAL, ALTERNATIVE DISPOSITION OF A CASE BY A FAMILY COURT JUDGE; AND TO AMEND SECTION 20-7-1330, RELATING TO DISPOSITION OF CASES INVOLVING CHILDREN WITHIN THE JURISDICTION OF THE FAMILY COURT, SO AS TO ADD AS A DISPOSITIONAL POWER OF THE COURT THE POWER TO ORDER A CHILD TO PARTICIPATE IN A COMMUNITY MENTOR PROGRAM AS PROVIDED IN SECTION 20-7-1331.
The House returned the Bill with amendments.
On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO PROVIDE REQUIREMENTS THAT THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION MUST SATISFY TO COMPLY WITH SUNSET REVIEW RECOMMENDATIONS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1167 -- Senator Fair: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS, CONFIDENTIALITY, AND RELEASE OF INFORMATION PERTAINING TO JUVENILES, SO AS TO PROVIDE THAT CERTAIN INFORMATION REGARDING JUVENILE OFFENDERS MUST BE PROVIDED TO ALL VICTIMS OF CRIMES RATHER THAN ONLY TO VICTIMS OF VIOLENT CRIMES.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 1374 -- Senator Rose: A BILL TO AMEND CHAPTER 3, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PRISON SYSTEM, BY ADDING ARTICLE 13 SO AS TO ENACT THE "PRIVATE CORRECTIONAL FACILITIES, PROGRAMS, AND SERVICES ACT"; AND TO AMEND SECTION 24-3-30 OF THE 1976 CODE, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT OF PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO PROVIDE THAT AT THE EXPIRATION OR TERMINATION OF A CONTRACT TO HOUSE PRISONERS MADE WITH A NON-GOVERNMENTAL AGENCY, ALL PRISONERS MUST BE RETURNED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS OR THE LEGALLY RESPONSIBLE ENTITY OF LOCAL GOVERNMENT.
H. 3055 -- Reps. Kirsh, Simrill, Allison, Baxley, Lloyd and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO GRANT FOREIGN LANGUAGE CREDIT FOR A COURSE IN AMERICAN SIGN LANGUAGE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Education Committee proposed the following amendment (S-EDUC\3055.1), which was adopted:
Amend the bill, as and if amended, on page 1, line 24 by striking /sign language/ and inserting:
/Sign Language/.
Amend title to conform.
Senator J. VERNE SMITH proposed the following amendment (S-LCI\3055.001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 59-17-120. (A) The board of trustees of a school district may grant credit as an elective to a pupil who satisfactorily has completed a high school course in American Sign Language.
(B) The State Board of Education shall establish guidelines on the qualifications needed for those teaching an American Sign Language course and on a recommended course of study to be followed.
(C) The State Board of Education shall establish a task force to assist in the development of the guidelines pursuant to this section. The task force shall consist of nine members as follows:
(1) The President of the South Carolina Association of the Deaf, or his designee;
(2) A parent of a deaf child in a mainstreamed program;
(3) A parent of a deaf child in a residential program who is currently enrolled at the South Carolina School for the Deaf and Blind;
(4) A representative from the foreign language department of a college or university in South Carolina;
(5) The Director of the Interpreter Training Program of Spartanburg Technical College, or his designee;
(6) A representative from the South Carolina School for the Deaf and Blind;
(7) Two instructors of American Sign Language, one of whom must be deaf.
(8) A representative from the State Department of Education.
The task force shall be established within three months of the effective date of this act and shall terminate upon completion of the guidelines. The State Department of Education shall provide the necessary administrative and research support for the task force. Members of the task force shall serve without compensation."
SECTION 2. This act takes effect upon approval by the Governor.
Amend title to conform.
Senator J. VERNE SMITH explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 4387 -- Reps. McElveen and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (GJK\22778SD.96), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1.
SECTION 2. This act takes effect upon approval by the Governor./
Amend further, as and if amended, by striking the title and inserting:
/TO ENACT THE OMNIBUS HIGHWAY SAFETY ACT BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY; BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; BY AMENDING SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO DEFINE "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO DELETE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE; BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, AND TO MAKE TECHNICAL CHANGES; AND BY AMENDING SECTION 56-5-6540, RELATING TO ENFORCEMENT AND PENALTIES FOR FAILING TO WEAR A SAFETY BELT, SO AS TO INCREASE THE FINE FROM TEN TO TWENTY-FIVE DOLLARS, AND TO AUTHORIZE ENFORCEMENT OF SAFETY BELT VIOLATIONS IN THE ABSENCE OF OTHER VIOLATIONS./
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator LEVENTIS objected to further consideration of the Bill.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
H. 4743 -- Reps. Cotty, Sheheen, Riser and Witherspoon: A BILL TO AMEND SECTION 48-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND ELECTION OF THE GOVERNING BODY OF A WATERSHED CONSERVATION DISTRICT, SO AS TO CHANGE THE METHOD BY WHICH A CANDIDATE FOR WATERSHED DIRECTOR BECOMES QUALIFIED.
S. 876 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE PROVISIONS FOR SCHOOL DISTRICT 56.
On motion of Senator BRYAN, with unanimous consent, S. 876 was ordered to receive a third reading on Wednesday, May 8, 1996.
H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Education Committee proposed the following amendment (S-EDUC\3203.1), which was adopted:
Amend the bill, as and if amended, on page 1, line 32 by striking / 1995 / and inserting: /1996/.
Amend the bill further, as and if amended, on page 1, line 42 by striking / 1995 / and inserting: /1996/.
Amend the bill further, as and if amended, on page 2, line 5 by striking / 1995 / and inserting: /1996/.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 930 -- Senators McConnell, Passailaigue, Rose, Mescher and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-270 SO AS TO PROVIDE A PROCEDURE BY WHICH THE REGISTERED ELECTORS RESIDING IN A SPECIAL PURPOSE DISTRICT WHOSE GOVERNING BODY IS CHOSEN BY THE LEGISLATIVE DELEGATION OF A COUNTY AND THE GOVERNING BODY OF A MUNICIPALITY MAY DECIDE WHETHER THEY WISH THE GOVERNING BODY OF THE DISTRICT TO BE ELECTED BY THE ELECTORS LIVING IN THE DISTRICT OR APPOINTED BY THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE DISTRICT IS LOCATED, AND TO PROVIDE THAT IF THE DISTRICT GOVERNING BODY IS ELECTED, THE PROCEDURE BY WHICH THE MEMBERS OF THE GOVERNING BODY OF THE DISTRICT MUST BE ELECTED, AND TO MAKE THE SECTION APPLICABLE ONLY TO DISTRICTS EXISTING BEFORE MARCH 7, 1973, WHICH DO NOT HAVE ELECTED GOVERNING BODIES WITH AUTHORITY TO LEVY TAXES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0930.001), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 28, in Section 4-11-270(D), as contained in SECTION 1, by striking item (2) in its entirety and inserting therein the following:
/(2) The governing body of a special purpose district, as referred to in subsection (A), may decide that its members may be elected from the district at large, at large with a district residency requirement, or from single member election districts./.
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PASSAILAIGUE, with unanimous consent, S. 930 was ordered to receive a third reading on Wednesday, May 8, 1996.
H. 4663 -- Rep. Tucker: A BILL TO AMEND SECTION 18-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF BAIL FOR A DEFENDANT APPEALING A CONVICTION, SO AS TO MAKE THE GRANTING OF BAIL DISCRETIONARY FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES.
On motion of Senator McCONNELL, the Bill was carried over.
At 1:05 P.M., Senator MARTIN assumed the Chair.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MOORE spoke on the Bill.
Due to possible conflicts with my private business, I am refraining from any votes involving approval of transactions relating to MUSC.
Senators WASHINGTON and FORD proposed the following Amendment No. P-2 (3915R008.MW), which was adopted:
Amend the committee report, as and if amended, by adding at the end an appropriately numbered new SECTION to read:
/SECTION ___. Upon approval of the proposed sale or lease of MUSC's facilities and assets to HCA, HCA shall take the steps necessary to create an employee grievance committee for the review of all employee disciplinary actions and terminations by HCA. The grievance procedure must provide that the final decision in any grievance involving a former MUSC employee rests with the board of directors of MUSC and that the final decision in grievances involving HCA employees rests with the official designated by HCA./.
Renumber sections to conform.
Amend title to conform.
Senator MOORE spoke on the amendment.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. P-3 (3915R026.GFM), which was adopted:
Amend the committee report, as and if amended, page 3915-2, line 27, by adding after / Hospital / but before the / . / the following:
/and its clinical programs/.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator McCONNELL proposed the following Amendment No. P-4 (3915R024.GFM), which was adopted:
Amend the committee report, as and if amended, page 3915-3, by striking lines 14 through 16 and inserting in lieu thereof the following:
/(9) Access for any person or group to use the services of the Medical University Hospital and clinical services shall not be limited, restricted, denied, or allowed in a discriminatory manner that is prohibited by law; nor shall such access be denied based on lack of participation or membership in a particular health plan or network./.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
At 1:35 P.M., Senator SALEEBY requested a leave of absence until 3:15 P.M.
Senator McCONNELL proposed the following Amendment No. P-5 (3915R023.GFM), which was tabled:
Amend the committee report, as and if amended, page 3915-2, by striking lines 38 through 42 and continuing on to page 3915-3 and striking lines 1 through 2, and inserting in lieu thereof the following:
/(6) The name and logo of the Medical University of South Carolina and its affiliates shall not be used by any private operator to market and promote health care services in such a manner as to bring disrepute to the State of South Carolina, the Medical University of South Carolina or its affiliates, and may not be used except in a manner expressly approved in writing by the Medical University of South Carolina. However, the name of the State of South Carolina nor the Medical University of South Carolina shall be used in such a way in advertising as to endorse one private provider over another or as endorsing one provider over another or as endorsing a private provider./.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator LEATHERMAN spoke on the amendment.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senators THOMAS, McCONNELL, REESE and FORD desired to be recorded as voting against the motion to table the amendment.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator THOMAS proposed the following Amendment No. P-6A (3915R034.DLT), which was tabled:
Amend the committee amendment, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ____. Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, the purchasing or leasing Company shall make available to all of the citizens of South Carolina at the same cost, use of the following services:
(a) burn center services;
(b) pediatric intensive care;
(c) organ transplants, including bone marrow transplants;
(d) neo-natal intensive care; and
(e) the Level I trauma center.
Renumber sections to conform.
Amend title to conform.
Senator THOMAS argued in favor of the adoption of the amendment and Senator LEATHERMAN argued contra.
Senator LEATHERMAN moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator THOMAS proposed the following Amendment No. P-7 (3915R035.DLT), which was tabled:
Amend the committee report, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION _____. Notwithstanding any other provision of the law to the contrary, no portion of Chapter 7 of Title 44 of the South Carolina Code of Laws, 1976, except for Article 4 of Chapter 7 of Title 44, or any portion of any act authorizing, creating or establishing any entity for the purpose of rendering health care services or providing hospital facilities is intended to confer immunity from challenge under the federal or state antitrust laws. The phrase "federal or state antitrust laws" shall be defined as provided in Section 44-7-510(8) of the 1976 Code./.
Renumber sections to conform.
Amend title to conform.
Senator THOMAS argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senators LEATHERMAN and J. VERNE SMITH proposed the following Amendment No. P-8A (GJK\22826SD.96):
Amend the Report of the Committee on Medical Affairs, as and if amended, in Section 44-7-3110 of the 1976 Code, as contained in SECTION 1, by striking the sentence which begins on line 39, page 3915-3, and inserting:
/The Consolidated Procurement Code for the master agreement, lease agreement, academic affiliation agreement, shared services agreement, licensing agreement, option termination agreement, and guaranty agreement authorized hereunder is waived./
Senator LEATHERMAN explained the amendment.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by recess, with Senator LEATHERMAN retaining the floor.
At 2:00 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 3:30 P.M.
The Senate reassembled at 3:35 P.M. and was called to order by the PRESIDENT.
Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
At 3:37 P.M., Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courtney Drummond Elliott Fair Giese Hutto Lander Leatherman Leventis Martin Matthews Mescher Moore O'Dell Passailaigue Patterson Peeler Richter Ryberg Setzler Smith, G. Smith, J.V. Waldrep Washington
A quorum being present, the Senate resumed.
At 3:40 P.M., on motion of Senator LEATHERMAN, the Senate receded from business subject to the Call of the Chair.
At 3:47 P.M., the Senate resumed.
At 3:47 P.M., Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Gregory Holland Hutto Lander Leatherman Leventis Martin Matthews McConnell Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Russell Ryberg Saleeby Setzler Smith, G. Smith, J.V. Waldrep Washington Wilson
A quorum being present, the Senate resumed.
On motion of Senator MOORE, at 3:50 P.M., Senator LAND was granted a leave of absence until 5:30 P.M.
On motion of Senator WILSON, at 3:50 P.M., Senator THOMAS was granted a leave of absence for the balance of the day.
On motion of Senator PATTERSON, at 3:50 P.M., Senator JACKSON was granted a leave of absence for the balance of the day.
S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
On motion of Senator HOLLAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator HOLLAND spoke on the report.
On motion of Senator HOLLAND, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT appointed Senators MOORE, HOLLAND and WILSON to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator HOLLAND, the Report of the Committee of Free Conference to S. 90 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 16-11-330 of the 1976 Code, as last amended by Section 170, Act 184 of 1993, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon must be imprisoned not more than thirty years, no part of which may be suspended. A person convicted under the provisions of this subsection is not eligible for parole until he has served at least seven years of his sentence.
(1) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three-year minimum sentence.
(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act).
(B) A person convicted for attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the attempted robbery reasonably believed to be a deadly weapon must be imprisoned not more than twenty years."
SECTION 2. Section 23-11-110(A)(7) of the 1976 Code is amended to read:
"(7) be fingerprinted and have the State Law Enforcement Division make a search of local, state, and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of any law enforcement agency and must be made available to SLED sixty days before the close of qualification for election to the office with the no later than one hundred thirty days prior to the general election.
The results of the records search are to be filed with the county executive committee of the person's political party. A person seeking nomination by petition must file the records search with the county election commission in the county of his residence."
SECTION 3. Section 23-11-110(B)(1) of the 1976 Code is amended to read:
"(B) (1) A person offering his candidacy for the office of sheriff, within sixty days before or at the time he qualifies , shall file a sworn affidavit, no later than the close of filing, with the county executive committee of the person's political party. The county executive committee of any political party with whom a person has filed his affidavit must file a copy of the affidavit with the appropriate county election commission by noon on the tenth day following the deadline for filing affidavits by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the affidavits must be filed by noon the following day. A person seeking nomination by petition must file a sworn affidavit with the county election commission in the county of his residence."
SECTION 4. For the General Election of 1996 only, the deadline for making available fingerprint records to the State Law Enforcement Division by candidates for sheriff pursuant to provisions of Section 23-11-110(A)(7) and the deadline for filing the sworn affidavit with the county executive committee pursuant to the provisions of Section 23-11-110(B)(1) is extended until noon forty-five days before the general election.
SECTION 5. This act takes effect upon approval by the Governor and Sections 2 and 3 apply with respect to candidates filing for election beginning January 1, 1996. /
Amend title to conform.
/s/Donald H. Holland /s/James H. Harrison /s/Thomas L. Moore /s/L. Morgan Martin /s/Addison G. "Joe" Wilson /s/L. Hunter Limbaugh On Part of the Senate. On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., May 7, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.
asks for a Committee of Conference, and has appointed Reps. Wright, Allison and Stille of the committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators SETZLER, WASHINGTON and CORK of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 7, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Hodges, Klauber and J. Young of the Committee of Conference on the part of the House on:
S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 2, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.
Very respectfully,
Speaker of the House
Received as information.
H. 4600 -- GENERAL APPROPRIATION BILL
The House returned the Bill with amendments.
On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
The House returned the Resolution with amendments.
On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. P-8A (GJK\22826SD.96) previously proposed by Senators LEATHERMAN and J. VERNE SMITH.
Senator LEATHERMAN argued in favor of the adoption of the amendment and Senator LEVENTIS argued contra.
At 4:23 P.M., Senator COURTNEY assumed the Chair.
Senator LEVENTIS continued arguing contra to the adoption of the amendment.
On motion of Senator MOORE, with unanimous consent, with Senator LEVENTIS retaining the floor, Amendment No. P-8A was carried over.
Senator WASHINGTON proposed the following Amendment No. P-1A (3915R040.MW), which was adopted:
Amend the committee amendment, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Notwithstanding any other provision of law, the Budget and Control Board must consult the South Carolina Commission on Higher Education prior to granting authorization to effectuate the transaction provided for in this act./
Renumber sections to conform.
Amend totals and title to conform.
Senator WASHINGTON explained the amendment.
Senator WASHINGTON moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
On motion of Senator McCONNELL, with unanimous consent, any remaining amendments that were perfecting amendments to the committee amendment and all those drawn to perfect the Bill would be treated as amendments to the Bill, all members reserving their rights, without prejudice to any degree.
The question then was the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (GJK\22808SD.96), which was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 7, Title 44 of the 1976 Code is amended by adding:
Section 44-7-3110. The General Assembly authorizes and grants to the Board of Trustees of the Medical University of South Carolina authority to enter into reasonable agreements to transfer the management and operations of the Medical University Hospital to one or more private operators, including authority to:
(A) Lease certain Medical University Hospital land, together with all easements, rights, privileges, and appurtenances appertaining thereto, and all of the buildings, structures, fixtures, and other improvements existing and situated on that land, all as described in Section 44-7-3120; and
(B) Sell furniture, fixtures, equipment, accounts receivable, and other incidental assets associated with or employed in the operation of the Medical University Hospital on the land.
Provided, however, that the following terms and conditions must be observed and included and accepted in the agreements:
(1) The term of the lease and any extensions may not exceed a total aggregate period of thirty years.
(2) The leased premises may be used only for the operation of hospitals and clinics, and for other uses reasonably related to hospitals, clinics, and healthcare, provided that those operations and uses are consistent with all Joint Commission on Accreditation and Healthcare Organizations standards.
(3) Any private operator or operators chosen by the Medical University of South Carolina's Board of Trustees to operate the Medical University Hospital shall not transfer, sell, lease, or assign control of the Medical University Hospital, or of the entity operating or controlling the Medical University Hospital or of any of its related real estate or other assets, to any other private operator without the prior express written approval of the Medical University of South Carolina Board of Trustees and without compliance with the same terms and conditions provided in this article. Prior to any such transfer, sale, lease, or assignment of control, the Medical University of South Carolina shall have the right of first refusal and be given sufficient time to consider and decide whether to exercise the right of first refusal.
(4) Any private operator or operators chosen by the Medical University of South Carolina's Board of Trustees to operate the Medical University Hospital must provide indigent care in the same manner as is being provided by the Medical University of South Carolina through the operation of this Medical University Hospital.
(5) The Medical University of South Carolina and the State of South Carolina must be protected from any tort liability arising from the private operation of the Medical University Hospital by the private operator, unless and except to the extent the tort liability is caused by or attributed to the Medical University of South Carolina or the State of South Carolina, or both. The agreement will require the operator of the Medical University Hospital to acquire and keep in effect sufficient insurance policies to provide a reasonable amount and type of coverage and naming the Medical University of South Carolina as an additional insured.
(6) The name and logo of the Medical University of South Carolina and its affiliates shall not be used by any private operator to market and promote health care services in such a manner as to bring disrepute to the State of South Carolina, the Medical University of South Carolina or its affiliates, and may not be used except in a manner expressly approved in writing by the Medical University of South Carolina.
(7) The proceeds from this lease and from the sale of these assets must be used for the retirement of outstanding indebtedness incurred to finance Medical University Hospital facilities, and all other revenues and payments received from or in connection with this lease or sale must be dedicated solely for use of the Medical University of South Carolina's business and operations as the Board of Trustees of the Medical University of South Carolina may direct, subject to review by the appropriate bodies of state governments.
(8) All agreements, the manner in which all agreements are made and the implementation of all agreements must comply with all applicable laws.
(9) Access for any person or group to use the services of the Medical University Hospital shall not be limited, restricted, denied, or allowed in a discriminatory manner that is prohibited by law.
(10) The Medical University of South Carolina shall have access at all times to all records of all patients treated at the Medical University Hospital, and all patients shall have access at all times to their own records.
Provided, further, that the lease and sale may not be finalized until the Budget and Control Board is satisfied that the consideration paid by the private operator or operators for the agreements authorized by this article reflects a fair and reasonable value to the State of South Carolina, based upon either the net book value of the hospital, capitalization of income from operation of the hospital over a period of years, the net present value of future cash flow of the hospital, a direct comparison to a comparable transaction, or some other financially sound and general practiced method of business evaluation.
The Budget and Control Board is directed to cause the lease and purchase agreements regarding the Medical University Hospital to contain provisions requiring and insuring compliance with the terms and conditions stated above. To assist the board in performing this function, the Medical University of South Carolina is required to provide, at its expense, any information, studies, evaluations, agreements, reports, or other data requested by the Budget and Control Board, including any such items with regard to University Medical Associates or any of its employees, officers, and affiliates. The approval requirement for any transaction involving real property under Section 1-11-65 of the 1976 Code is waived.
No lease or other agreement pursuant to this article shall be valid unless and until the provisions of this article have been complied with fully and the Budget and Control Board has certified that the provisions of this article have been complied with fully.
Section 44-7-3120. The legal description of the land and improvements thereon referenced in Section 44-7-3110(A) is as follows:
All that certain property and parcels of land in Charleston County together with improvements thereon lying on the north side of Albert B. Sabin Street, between Ashley Avenue and Jonathan Lucas Street consisting of the MUSC Teaching Hospital and the MUSC Children's Hospital but saving and excepting the Clinical Sciences Building and the Storm Eye Institute;
Together with a rectangular parcel located on the south side of Albert B. Sabin Street containing certain fuel oil tanks;
Together with the Psychiatric Institute located on the west side of President Street and the playground area located to the rear of such institute but saving and excepting the auditorium, the lobby area, and the University Services Building.
The above referenced properties are as shown on a survey prepared by Forsburg Engineering & Surveying, Inc., to be recorded and reference is made thereto for a description of the metes and bounds thereof.
Section 44-7-3130. Notwithstanding any other provision of law to the contrary, University Medical Associates (UMA) is a public body as defined by Chapter 4, Title 30 (the Freedom of Information Act) for purposes of the act and the provisions of the act apply to records maintained by UMA. "
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Senator McCONNELL proposed the following Amendment No. 1 (3915R021.GFM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new section to read:
/SECTION ___ Notwithstanding any other provision of law to the contrary, upon approval of the proposed lease and sale of Medical University of South Carolina facilities and assets, no one who is currently an employee of MUSC or UMA may personally profit from the transaction by accepting compensation or other financial incentives from the purchasing and/or leasing company if that individual played a substantial role in the negotiation process. As used in this section "substantial role" means a role where one is providing direct advice to the members of a negotiating team or being a member of a negotiating team./
Renumber sections to conform.
Amend title to conform.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
At 4:30 P.M., Senator GREGORY requested a leave of absence for the balance of the day.
Senator McCONNELL proposed the following Amendment No. 5 (3915R014.GFM), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered new section to read:
/SECTION __. Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, nothing shall be deemed to require MUSC or the State of South Carolina to pay any sum for the return of its own real property at the expiration of the lease./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courson Courtney Drummond Elliott Giese Holland Hutto Lander Martin McGill Mescher Moore O'Dell Passailaigue Rankin Richter Ryberg Saleeby Smith, G. Smith, J.V. Wilson
Cork Fair Ford Leventis Matthews McConnell Patterson Peeler Reese Rose* Setzler Washington
The amendment was laid on the table.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate with unanimous consent.
Senator McCONNELL proposed the following Amendment No. 6 (3915R015.GFM), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered new section to read:
/SECTION __. Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, the transaction shall not be finalized until an independent appraisal has been conducted of all of MUSC's property and equipment that will be affected by the lease./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator PASSAILAIGUE argued contra to the adoption of the amendment.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator McCONNELL proposed the following Amendment No. 8 (3915R018.GFM), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered new section to read:
/SECTION __. Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, no bonded indebtedness shall be defeased or satisfied unless or until it has been established that there is de minimis risk that the transaction is void, whether by reason of unconstitutionality or otherwise. De minimis risk shall be established by i) a final, unappealable decision of a competent court that the agreements are legal and enforceable; ii) an unqualified legal opinion of the South Carolina Attorney General's office; or iii) an unqualified legal opinion of counsel licensed in the State of South Carolina which has sufficient net worth and/or malpractice liability insurance to cover the State's damages in the event that the transaction is subsequently determined to be void by reason of unconstitutionality or otherwise./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
Senator MOORE spoke on the amendment.
Senator LEATHERMAN argued contra to the adoption of the amendment.
At 5:12 P.M., the PRESIDENT assumed the Chair.
Senator LEATHERMAN continued arguing contra to the adoption of the amendment.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Boan Bryan Courson Courtney Drummond Fair Holland Hutto Lander Leatherman Martin McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Richter Russell Ryberg Saleeby Smith, G. Smith, J.V. Wilson
Alexander Cork Elliott Ford Leventis Matthews McConnell Patterson Reese Rose* Setzler Waldrep
The amendment was laid on the table.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
On motion of Senator COURSON, at 5:30 P.M., Senator GIESE was granted a leave of absence for the balance of the day.
Senator McCONNELL proposed the following Amendment No. 10A (3915R030.GFM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ____. No condition of any lease or agreement shall restrict MUSC employees to shared participation with one company's health care third party providers./.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator McCONNELL proposed the following Amendment No. 11A (3915R031.GFM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ____. At the time of default by Columbia HCA or end of the lease, MUSC shall not be required to purchase the Medical Center as a going concern but rather at the appraised value of the tangible assets owned by the lessee as personal property inventory./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 12 (3915R032.GFM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ____. Any discontinuation or transfer of any inpatient clinical service offered at the Medical Center shall be with the prior written consent of the MUSC Board of Trustees./.
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator McCONNELL proposed the following Amendment No. 13 (3915R033.GFM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION _____. All agreements between University Medical Associates and any of its servants, agents, and subsidiaries and partners are subject to review and approval by the Board of Trustees of the Medical University of South Carolina and the terms of any such agreements shall not conflict with the terms and conditions of the lease authorized by this section. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senators GREG SMITH, CORK, RANKIN, MESCHER, WALDREP, GREGORY and J. VERNE SMITH proposed the following Amendment No. 14 (3915R037.GS), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ____. Notwithstanding any other provision of law to the contrary, including any provision of the Annual General Appropriation Act for FY 1996-97, members of the General Assembly must pay any co-payment or deductible as may be applicable for receiving services at a hospital facility in this State whether or not their services are provided by the MUSC hospital or its successor in interest./
Renumber sections to conform.
Amend title to conform.
Senator GREG SMITH explained the amendment.
Senator GREG SMITH moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Glover Holland Hutto Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose* Russell Ryberg Saleeby Setzler Short* Smith, G. Smith, J.V. Waldrep Washington Wilson
The amendment was adopted.
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Senator PEELER proposed the following Amendment No. 15A (JUD3915.001), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ____. Notwithstanding any other provision of law, the provisions of this act shall not be effective until approved by a majority of the voters voting in a statewide referendum to be held at the time of the next General Election. The question to be placed on the ballot must substantially read as follows: "Shall the Medical University of South Carolina and the Columbia Hospital Corporation of America be authorized to enter into an agreement of affiliation and the Medical University of South Carolina be authorized to sell certain of its assets and lease certain of its facilities to the Columbia Hospital Corporation of America?"
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
Senator MOORE argued contra to the adoption of the amendment.
Senator MOORE moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator McCONNELL proposed the following Amendment No. 2A (3915R019.GFM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new section to read:
/SECTION ___. Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, MUSC must maintain the current level of services currently offered to indigent patients at Charleston Memorial Hospital unless the MUSC Board of Trustees approves otherwise./
Renumber sections to conform.
Amend title to conform.
Senator MOORE spoke on the amendment.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senators MCCONNELL and J. VERNE SMITH proposed the following Amendment No. 3A (3915R041.GFM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new section to read:
/SECTION ___. Notwithstanding any other provision of law to the contrary, any financial obligation under the agreements entered into by a subsidiary corporation must be unconditionally guaranteed by the ultimate parent corporation of the purchaser/tenant./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator MOORE proposed the following Amendment No. 16 (3915R039.TLM), which was adopted:
Amend the report of the committee, as and if amended, page 3915-3, Section 44-7-3110 as contained in Section 1, by striking the sentence beginning on line 39 and inserting:
/The approval requirement for the transaction authorized in this act shall be governed by the provisions of Section 1-11-65 of the 1976 Code and compliance with the provisions of this act is exclusive and shall satisfy the approval requirements of any and all other statutory provisions requiring the review and/or approval of any agency, department, or division./
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
At 5:55 P.M., Senator MARTIN assumed the Chair.
On motion of Senator LEATHERMAN, with unanimous consent, Amendment No. P-8A (GJK\22826SD.96), proposed by Senators LEATHERMAN and J. VERNE SMITH and previously carried over was withdrawn.
The question then was the third reading of the Bill.
Senator McCONNELL spoke on the Bill.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senators McCONNELL, CORK, LEVENTIS, PEELER, PATTERSON, WALDREP and SETZLER desired to be recorded as voting against the third reading of the Bill.
Senator RUSSELL asked unanimous consent to be recorded as voting in favor of the third reading of the Bill if there were a roll call vote.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Norman Kobrovsky, father, and Mr. Victor Kobrovsky, grandfather, of Mr. Lawrence C. Kobrovsky, Charleston County School Board Member from Charleston, S.C., who both passed away last week.
At 6:04 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Monday, June 29, 2009 at 1:58 P.M.