Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words from the Book of Proverbs (13:12):
"Hope deferred makes the heart
sick, but a desire fulfilled
is a tree of life."
Let us pray.
Dear Lord, it is good to know that in hours of need You are only a prayer away from us.
We thank You, O Lord, that although there are days on end when things seem as if they will not fall in place, we know how the man of old felt when he said "hope deferred makes the heart grow sick". We look forward to the day of "fulfilled desire" that the man in Proverbs says is "a tree of life".
Help us to keep on working for those days of fulfilled desire when we shall say a prayer of thanks for the fruit of our labors.
So, may we this day plow a straight furrow... and till well the soil... knowing that we cannot do wrong and feel right... in the Redeemer's Name!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
June 5, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, Residential Home Builders Commission, with term to expire June 30, 1993:
2nd Congressional District:
Mr. M. Stewart Mungo, 4400 St. Andrews Road, Columbia, S.C. 29210 VICE Robert E. Rogers
Referred to the Committee on Labor, Commerce and Industry.
June 5, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, Wildlife and Marine Resources Commission, with term to expire July 1, 1993:
4th Congressional District:
Dr. George Graham, 225 East Wood Street, Spartanburg, S.C. 29303 VICE James Thomason
Referred to the Committee on Fish, Game and Forestry.
June 5, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, Mental Health Commission, with term to expire March 21, 1994:
At-Large:
Mr. Fred H. Gantt, CPA, Post Office Box 627, Columbia, S.C. 29202 VICE Ernest Harrill
Referred to the Committee on Medical Affairs.
June 5, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Sumter County Magistrate:
George R. Gibson, Post Office Box 236, Mayesville, S.C. 29104
June 5, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointments, Members, Sumter County Magistrate:
W. Al Brown, Jr., Box 266, Wedgefield, S.C. 29168
Henry H. Graham, Post Office Box 311, Pinewood, S.C. 29125
Mary Katherine Herbert, Post Office Box 1394, Sumter, S.C. 29151
James W. Hudson, 3310 Nazarene Church Road, Sumter, S.C. 29154
William Sanderts, Route 2, Box 57-B, Rembert, S.C. 29128
June 5, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, Lexington County Magistrate:
George Marion Shealy, 228 Hall Street, Batesburg, S.C. 29006 VICE James D. Ward (resigned)
June 5, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointments, Members, Edgefield County Magistrate:
N.J. Scavens, Post Office Box 592, Edgefield, S.C. 29824
Diane L. Simpkins, Route 1, Box 49-C, Trenton, S.C. 29847
Senator WILLIAMS moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Long Lourie Macaulay Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The Senate resumed.
June 5, 1990
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 1603, R-639, an Act:
TO PROVIDE THE METHOD OF APPOINTMENT OF MEMBERS OF THE BOARD OF DIRECTORS OF THE LAURENS COUNTY HEALTH CARE SYSTEM.
This veto is based upon an opinion of the Attorney General's Office dated June 4, 1990, which states in concluding:
"The act bearing ratification number 639 of 1990 provides a mechanism for appointment of members of the governing body of the Laurens County Health Care System. In opinions of this Office dated April 16, 1985; April 17, 1985; and May 23, 1985, this Office noted that the Laurens County Health Care System is a special purpose district located wholly within Laurens County. Thus, S. 1603, R-639 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to S. 1603, R-639, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7..."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
Senator BRYAN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were taken resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The necessary vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
June 5, 1990
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 5085, R-648, an Act:
TO AMEND ACT 102 OF 1973, RELATING TO THE TAX COLLECTOR FOR MCCORMICK COUNTY, SO AS TO PROVIDE THAT THE COUNTY COUNCIL MAY APPOINT A PERSON OTHER THAN THE COUNTY TREASURER AS TAX COLLECTOR WITH THE CONSENT OF THE COUNTY TREASURER.
This veto is based upon an opinion of the Attorney General's Office dated June 4, 1990, which states in concluding:
"The act bearing ratification number 648 of 1990, as described above, clearly relates only to McCormick County. Thus, H. 5085, R-648 of 1990 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to H. 5085, R-648, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7..."
"In addition, this act is a special act. Article III, Section 34 (IX) prohibits the adoption of a special law where a general law may be made applicable. By general Law as expressed in Section 3 of Act No. 283 of 1975 (the Home Rule Act), a county council has been authorized to amend or modify local legislation such as Act No. 102 of 1973. Thus, a court considering the issue could conclude that H. 5085, R-648 also violates Article III, Section 34 (IX)."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
Senator DRUMMOND moved that the veto of the Governor be overridden.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were taken resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Lindsay Long Lourie Macaulay Martin Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
NAYS
Total--0
The necessary vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator MULLINAX introduced Dr. Terri Teller of Anderson, Doctor of the Day.
Senator PASSAILAIGUE requested and was granted a leave of absence from 11:45 A.M. until Thursday, June 7, 1990.
Columbia, S.C., June 5, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
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.
Very respectfully,
Speaker of the House
Received as information.
On motion of Senator McCONNELL the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference. Whereupon the PRESIDENT appointed Senators HAYES, McCONNELL and LONG of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.
On motion of Senator DRUMMOND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator DRUMMOND explained the Report.
On motion of Senator DRUMMOND, with unanimous consent, the Report (Doc. No. 2197X) was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1238 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FOR SIX YEARS; TO AMEND SECTIONS 40-19-20, 40-19-100, 40-19-170, AND 40-19-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMBALMERS AND FUNERAL DIRECTORS, SO AS TO DECREASE THE NUMBER OF MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE FROM ELEVEN TO NINE AND TO CHANGE THE METHOD FOR THEIR APPOINTMENT, TO CHANGE QUALIFICATIONS FOR LICENSURE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROHIBIT LICENSEES FROM SERVING AS CORONERS; TO EXEMPT BUSINESSES LICENSED TO PROVIDE FUNERAL SERVICE BEFORE JANUARY 1, 1984, FROM FACILITY REQUIREMENTS; AND TO REPEAL SECTION 40-19-230 RELATING TO PARKING SPACE REQUIREMENTS.
Beg leave to report that they have considered the same and recommend that the bill, as and if amended, pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. In accordance with Section 1-20-60 of the 1976 Code, the existence of the South Carolina State Board of Funeral Service is reauthorized for six years.
SECTION 2. Section 40-19-90 of the 1976 Code is amended by adding at the end:
"The board shall develop a continuing education program to require each licensee to receive a minimum of three credit hours annually to sustain competency and to remain current. This continuing education program shall be offered, at a minimum, four times a year at locations easily accessible to participants, and shall be available through correspondence courses. The board shall develop a continuing education program to require each licensee to receive a minimum of three credit hours annually to sustain competency and to remain current. This continuing education program shall be offered, at a minimum, four times a year at locations easily accessible to participants, and shall be available through correspondence courses."
SECTION 3. Section 40-19-100(1) of the 1976 Code is amended to read:
"(1) (A) No person may be issued a license as an embalmer unless he:
(i) is at least eighteen years of age.;
(ii) is of good moral character, as evidenced by at least two affidavits to that effect has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude.;
(iii) has a high school education or the equivalent of a high school education, the equivalence to be determined by the board in its discretion.;
(iv) has successfully completed a regular course of not less than one year (twelve scholastic months) in an embalming college accredited by the board.;
(v) has completed a minimum of twenty-four months of service as an apprentice under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State. Any A person holding a valid embalmer's license in another state or territory which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination.
(B) No person may be issued a license as a funeral director unless he:
(i) is at least eighteen years of age.;
(ii) is of good moral character, as evidenced by at least two affidavits to that effect and has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;_[. The board may have an independent investigation made by its inspector and a full report of the investigation may be submitted to the executive secretary at least ten days before the applicant is to appear.
(iii) has a high school education or the equivalent of a high school education, together with a minimum of two years of successful attendance at any an accredited academic college or successful completion of a regular course of not less than one year (twelve scholastic months) in an accredited mortuary college.;
(iv) has completed a minimum of twenty-four months of service as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State. Any A person holding a valid funeral director's license in another state or territory, which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination."
SECTION 4. Section 40-19-170 of the 1976 Code is amended by adding at the end:
"A licensee or funeral home found to be in violation of a provision of this chapter or failing, omitting, or neglecting to obey, observe, or comply with a lawful order of the board is subject to a penalty of not less than twenty-five nor more than five hundred dollars for each offense. Jurisdiction of actions to recover penalties must be brought in the name of the State in magistrate's court."
SECTION 5. Funeral homes, funeral establishments, or mortuaries licensed before January 1, 1984, may apply to the board for an exemption of requirements found in Section 40-19-10(3) of the 1976 Code.
SECTION 6. Section 40-19-230 of the 1976 Code is repealed.
SECTION 7. This act takes effect upon approval by the Governor./
Amend title to conform.
John C. Drummond Steve Lanford Herbert U. Fielding Donna A. Moss Sam Stilwell Thomas C. Alexander On Part of the Senate. On Part of the House.
,and a message was sent to the House accordingly.
S. 1524 -- Judiciary Committee: A BILL TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Senator WILLIAMS, with unanimous consent, spoke on the Bill.
Senators McCONNELL and POPE, with unanimous consent, were granted leave to make a report to the members of the Senate regarding the work of the Committee of Conference relating to S. 1524.
Senator HOLLAND, with unanimous consent, was granted leave to address brief remarks to the body.
Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Long Lourie Macaulay Martschink Matthews McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The Senate resumed.
Columbia, S.C., June 4, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3918 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO DELETE THE PROVISION REGARDING UNKNOWN CONDITIONS, AND TO AMEND SECTION 42-9-410, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR CARRIER MAY RECEIVE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND, BY DELETING REFERENCES TO UNKNOWN CONDITIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3956 -- Reps. Keegan, Corbett, Rama, Barfield and Sharpe: A BILL TO AMEND SECTION 56-5-4700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES FOR PURPOSES OF THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS, SO AS TO PROVIDE FOR THE OPERATION OF EMERGENCY VEHICLES AND POLICE VEHICLES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 6, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4195 -- Reps. Sharpe, Bruce and Smith: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO PROVIDE THAT THERE IS NO CLOSED SEASON FOR HUNTING RABBITS WITHOUT WEAPONS IN GAME ZONES 3, 6, 7, 9, 10, AND 11 AND IN GAME ZONE 4 NO CLOSED SEASON EXCEPT IN WILDLIFE MANAGEMENT AREA HUNT UNIT BOUNDARIES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 31, 1990
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. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
Very respectfully,
Speaker of the House
Received as information.
On motion of Senator LOURIE the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.
Whereupon the PRESIDENT appointed Senators LOURIE, PATTERSON and POPE of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
Columbia, S.C., June 6, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Hayes, Nettles and Huff of the Committee of Free Conference on the part of the House on:
H. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON HOW THESE FUNDS MAY BE USED.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 6, 1990
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. 4691 -- Reps. McAbee and Carnell: A BILL TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF A FIRST OFFENSE VIOLATION WHICH IS EXPUNGED TO INSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.
Very respectfully,
Speaker of the House
Received as information.
On motion of Senator WILLIAMS the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.
Whereupon the PRESIDENT appointed Senators DRUMMOND, BRYAN and STILWELL of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
Columbia, S.C., June 6, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. McLellan, Carnell and Winstead of the Committee of Free Conference on the part of the House on:
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 6, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
Very respectfully,
Speaker of the House
Received as information.
On motion of Senator WADDELL, with unanimous consent, the Report of the Committee of Free Conference was taken up for immediate consideration.
Senator WADDELL explained the Report.
On motion of Senator WADDELL, with unanimous consent, the Report of the Committee of Free Conference on H. 4800 was adopted.
Senator BRYAN desired to be recorded as voting against the adoption of the Reports of the Committees of Conference on H. 4800 and H. 4802.
I hesitate to vote against the 1990-91 Appropriation Bill due to the good work done by the Finance Committee under difficult circumstances. However, the bill, in my opinion, is an exercise in deficit financing. Borrowing money to balance the budget is a bad precedent even in difficult time. For this reason I feel compelled to vote against the 1990-91 Appropriation Bill, H. 4800.
I want to be recorded as voting against the Appropriation Act, just passed. Before I specify my reasons for taking this position, I want to make it clear this is in no way a reflection of the hard work by the Senate Finance Committee, nor its Chairman.
My opposition to the budget bill stems from the following:
(1) Borrowing money to pay state operating expenses -- deficit-financing is a very dangerous precedent;
(2) Failure to address the very regressive nature of our state's tax structure of individuals and corporations;
(3) $100 million built-in annualizations for next year;
(4) $18 million of "soft" money provided for the license fee on video poker machines -- "soft" money means funds, which in all probability, we will not collect;
(5) Growth in new employees;
(6) Budget shortfall ($42 million admitted to by BEA) will be significantly more than currently estimated;
(7) Built-in massive tax increase guaranteed next year (after the fall election);
(8) Failure to devote adequate resources to education and health care;
(9) Failure to look at the base budget of $3.3 million and only reconsidering the "new" money;
(10) Failure to adjust Senate passed proviso (Proviso No. 53) amending Section 12-47-445.
I predict this budget is a blueprint for both tax increases next year and contains fiscal mismanagement of our resources.
On motion of Senator WADDELL, with unanimous consent, the Report of the Committee of Free Conference (Doc. No. 2205X) was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4802 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1989-90.
Beg leave to report that they have considered the same and recommend that the resolution, as and if amended, pass amended as follows:
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1989-90 the following amounts:
(1) (a) Higher Education
Formula Funding 8,641,200
(b) Commission on Higher Education
Cutting Edge 500,000
(c) TEC Equipment 885,000
1.1 Of the funds appropriated in this
item for the Cutting Edge, a
minimum of $200,000 must be
allocated to the Palmetto
Fellows Scholarship.
(2) Department of Corrections
(a) New Facilities Equipment 780,000
(b) Vehicle Replacement 250,000
(c) FY 90 Personal Service Shortfall 1,700,000
(3) Department of Education
Textbooks 2,000,000
(4) Wil Lou Gray Opportunity School
Recondition Cooling System 163,646
(5) Tax Commission
Furniture Lease Payment 375,000
(6) School for the Deaf and Blind
Vehicles 50,000
(7) Budget and Control Board -
Financial Data Systems
Mainframe Lease Payment 359,227
(8) Probation, Parole and Pardon
Statewide Data Network 308,500
(9) Budget and Control Board -
State Auditor
Computer Equipment and Printers 66,400
(10) Educational Television
School Reception Equipment 100,000
(11) Wildlife and Marine Resources
Research Vessel Lab Equipment 127,861
TOTAL CAPITAL RESERVE
FUND APPROPRIATION 16,306,834
SECTION 2. Of the funds appropriated herein for higher education formula funding, the Commission on Higher Education shall allocate these funds to the state's public colleges and universities and to the State Board for Technical and Comprehensive Education in no other manner than according to the formula for funding higher education as officially approved by the commission as of March 1, 1990.
SECTION 3. This act takes effect thirty days after the completion of the 1989-90 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./
Amend title to conform.
Robert N. McLellan James M. Waddell Marion P. Carnell Nikki Setzler Daniel E. Winstead Thomas L. Moore On Part of the House. On Part of the Senate.
, and a message was sent to the House accordingly.
Columbia, S.C., June 6, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. J. Rogers, Wilkins and Washington of the Committee of Conference on the part of the House on:
H. 5072 -- Reps. Sheheen, J. Rogers, Beasley, Bennett, R. Brown, McLellan, McTeer, Moss and Wilkins: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 1990, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 8, 11, 12, 13, 14, AND 15, 1990, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 15, 1990, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 18, 1990, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 18, 1990, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON THURSDAY, JUNE 21, 1990 NO LATER THAN 5:00 P.M.
Very respectfully,
Speaker of the House
Received as information.
S. 1635 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION TO COMMEND MARGARET RHINE OF LEXINGTON, A FIFTH GRADE STUDENT AT LEXINGTON ELEMENTARY SCHOOL, FOR WINNING THE LEXINGTON SCHOOL DISTRICT ONE AND REGIONAL SPELLING BEE.
Returned with concurrence.
Received as information.
S. 1636 -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION OF THE GENERAL ASSEMBLY TO THE HONORABLE HOLMES C. DREHER FOR HIS MANY YEARS OF DEDICATED AND EFFICIENT SERVICE TO LEXINGTON COUNTY AND TO THE STATE OF SOUTH CAROLINA AND EXTENDING BEST WISHES TO HIM ON THE OCCASION OF HIS RETIREMENT AS A MEMBER OF THE SOUTH CAROLINA WORKER'S COMPENSATION COMMISSION.
Returned with concurrence.
Received as information.
S. 1160 -- Senator Lourie: A BILL TO AMEND CHAPTER 53 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 23 SO AS TO ESTABLISH AND FUND A PROGRAM OF MOTORCYCLE SAFETY INSTRUCTION AND PROVIDE THAT A DISCOUNT INSURANCE RATE MAY BE MADE AVAILABLE FOR CERTIFIED GRADUATES OF THE PROGRAM.
The House returned the Bill with amendments.
On motion of Senator THOMAS, the Senate agreed to the amendments made by the House of Representatives 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.
On motion of Senator SETZLER, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
On motion of Senator LOURIE, with unanimous consent, the Privilege of the Chamber to that area behind the rail was extended to Patrolman Henry M. Addy and his family.
On motion of Senator LOURIE, with unanimous consent, the Privilege of the Floor was extended to Patrolman Addy for the purpose of presenting a Resolution on the occasion of his retirement from the Department of Highways and Public Transportation.
H. 5161 -- Reps. Barfield, McLeod, Bennett, Harvin, McKay, Harwell, G. Brown, Rhoad, Keegan, J. Rogers and R. Brown: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO INCLUDE IN THE 1990 FARM BILL A HOMESTEAD PROTECTION PROVISION WHEREBY FARMERS AND THEIR SPOUSES WHO ARE AT LEAST SIXTY YEARS OLD AND WHOSE DEBT RESTRUCTURING PLANS LEAVE NO REASONABLE ALTERNATIVE BUT FORECLOSURE OR HOMESTEAD PROTECTION WOULD BE OFFERED HOMESTEAD PROTECTION AS DEFINED IN THE 1987 AGRICULTURAL CREDIT ACT (THE HOUSE AND UP TO TEN SURROUNDING ACRES) AND THAT THIS HOMESTEAD PROTECTION BE PUT IN THE FORM OF A LIFE ESTATE FOR THE FARMER AND HIS SPOUSE.
On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Agriculture and Natural Resources.
On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.
On motion of Senator LAND, the Concurrent Resolution was adopted, ordered returned to the House.
The following were introduced:
S. 1637 -- Senator Land: A CONCURRENT RESOLUTION TO RECOGNIZE MISS ERNESTINE COSKREY PLAYER, OF COLUMBIA, AS SHE RETIRES FROM HER POSITION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO THANK HER FOR TWENTY-EIGHT YEARS OF FAITHFUL SERVICE TO THE DEPARTMENT AND TO THE PEOPLE OF SOUTH CAROLINA, AND TO WISH HER WELL IN HER FUTURE ENDEAVORS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1638 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE ANDREW RHINE OF LEXINGTON, AN EIGHTH GRADE STUDENT AT LEXINGTON MIDDLE SCHOOL, FOR ACHIEVING THE HIGHEST VERBAL AND HIGHEST TOTAL SCORE ON THE PRELIMINARY SCHOLASTIC APTITUDE TEST IN THE SOUTH CAROLINA JUNIOR SCHOLARS PROGRAM.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1639 -- Senators Shealy, Martschink, Wilson and Setzler: A CONCURRENT RESOLUTION CONGRATULATING BRIST SHEALY OF LEXINGTON COUNTY ON THE VERY SPECIAL OCCASION OF THE FIFTIETH ANNIVERSARY OF HIS BUSINESS, SHEALY'S SANDWICH SHOP -- AN ESTABLISHMENT KNOWN AND LOVED BY COUNTLESS RESIDENTS OF THE MIDLANDS FOR MANY YEARS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1640 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE DEREK BRUFF OF LEXINGTON, AN EIGHTH GRADE STUDENT AT LEXINGTON MIDDLE SCHOOL, UPON ACHIEVING THE HIGHEST MATH SCORE ON THE PRELIMINARY SCHOLASTIC APTITUDE TEST IN THE SOUTH CAROLINA JUNIOR SCHOLARS PROGRAM.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1641 -- Senators Setzler, Williams, Waddell, Lindsay, Martin, Drummond, Horace C. Smith, Holland, Lourie, Saleeby, J. Verne Smith, Land, McLeod, Leatherman, Leventis, Macaulay, McConnell, Moore, Peeler, Shealy, Nell W. Smith, Bryan, Courson, Fielding, Giese, Hayes, Hinson, Lee, Long, Matthews, Mitchell, Pope, Thomas, Wilson, Patterson, Stilwell, Martschink, Russell, Gilbert, Helmly, Hinds, McGill, Mullinax, O'Dell, Passailaigue and Rose: A SENATE RESOLUTION EXPRESSING THE DEEP APPRECIATION OF THE MEMBERS OF THE SENATE TO ANN S. NABORS FOR HER MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A FAITHFUL EMPLOYEE OF THE SOUTH CAROLINA SENATE AND WISHING HER HAPPINESS UPON HER RETIREMENT.
Whereas, the members of the Senate have learned that Mrs. Ann S. Nabors is retiring at the end of this year after rendering over twenty-eight years of outstanding and dedicated service to the State of South Carolina; and
Whereas, since May 5, 1966, Mrs. Ann Nabors has been employed by the South Carolina Senate and has continuously served the Senate in an exemplary manner for over twenty-four years; and
Whereas, Ann now serves the Senate as Administrative Assistant to the Clerk and holds a position of high responsibility in the day-to-day operations of the Senate as senior advisor to the Clerk in the execution of his duties; and
Whereas, Ann has demonstrated exceptional ability in ensuring the efficient operation of the Senate desk during the many long hours of session in which she has served the Senate; and
Whereas, her loyalty to the South Carolina Senate and her dedication to duty have been widely recognized and appreciated by every member of the Senate; and
Whereas, Mrs. Ann S. Nabors is known to each member of the Senate for her keen sense of humor and her warm and charming personality; and
Whereas, it is the unanimous opinion of the Senate that Ann Nabors epitomizes the role model that every member of the Senate staff should aspire to; and
Whereas, the members of the Senate want her to know that she has done an exceptional job and that they appreciate her many years of faithful and selfless service; and
Whereas, her presence in the Senate will be deeply missed upon her retirement by every member of the Senate. Now, therefore,
Be it resolved by the Senate:
That the members of the Senate of the State of South Carolina, by this resolution, express deep appreciation to Ann S. Nabors for her many years of outstanding and dedicated service to the members of the South Carolina Senate and wish her Godspeed, health and happiness upon her retirement.
Be it further resolved that the Clerk of the Senate shall present this resolution to Mrs. Ann S. Nabors.
On motion of Senator SETZLER, with unanimous consent, the Senate Resolution was adopted.
Senator SETZLER was recognized by the PRESIDENT to make a presentation.
Senator WILLIAMS escorted Mrs. Ann S. Nabors to the rostrum.
Senate Resolution (S. 1641) and a Certificate of Appreciation were presented.
The Certificate read as follows:
"This Certificate of Appreciation is presented to Ann S. Nabors in grateful appreciation for her many years of outstanding and dedicated service as a loyal, trusted, and treasured member of the Staff of the South Carolina Senate and in recognition of her exceptional ability and selfless service to the institution.
Given this 6th day of June, 1990."
The Certificate was signed by the President Pro Tempore and the Clerk of the Senate.
S. 1642 -- Transportation Committee: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND MAJOR HENRY M. ADDY, UPON HIS RETIREMENT FROM THE SOUTH CAROLINA HIGHWAY PATROL AND FOR HIS FORTY-TWO YEARS OF DEDICATED AND EXEMPLARY SERVICE WITH THE HIGHWAY PATROL, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
On motion of Senator LOURIE, with unanimous consent, the Senate Resolution was adopted.
S. 1643 -- Senators Stilwell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION TO TITLE 9 SO AS TO ALLOW A RETIRED STATE EMPLOYEE TO DRAW RETIREMENT COMPENSATION WHILE EMPLOYED BY A PUBLIC INSTITUTION OF EDUCATION AND TO PROVIDE CERTAIN EXCEPTIONS.
Read the first time and referred to the Committee on Finance.
S. 1644 -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE COUNTY AUDITOR OF MCCORMICK COUNTY, JEWEL MCGRATH, FOR HER MANY YEARS OF DEDICATED AND EFFICIENT SERVICE TO HER COUNTY AND STATE AND EXTEND BEST WISHES TO HER ON THE OCCASION OF HER RETIREMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1645 -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE COUNTY TREASURER OF MCCORMICK COUNTY, FRANCES SIBERT, FOR HER MANY YEARS OF DEDICATED AND EFFICIENT SERVICE TO HER COUNTY AND STATE AND EXTEND BEST WISHES TO HER ON THE OCCASION OF HER RETIREMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1646 -- Senator Rose: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE DR. DEAN G. KILPATRICK OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA FOR HIS RECENT HONOR AND FOR HIS OUTSTANDING SERVICE ON BEHALF OF VICTIMS OF CRIME.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1647 -- Senator Rose: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE DR. MAKIO OGAWA FOR HIS RECENT NATIONAL AWARD AND HIS OUTSTANDING WORK IN HEMATOLOGY AND BIOMEDICAL RESEARCH.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
Senator SETZLER, from the Committee on Education, submitted a favorable report on:
Appointment, Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1991:
2nd Congressional District:
Ms. Cathy Blackburn Novinger, 119 Mill Pond Road, Cayce, S.C. 29033 VICE Mr. Rodney Hull
Senator HOLLAND, from the General Committee, submitted a favorable report on:
Appointment, Member, State Athletic Commission, with term to expire June 30, 1994:
6th Congressional District:
Mr. Franklin Martin Stallings, 734 Charlotte Road, Myrtle Beach, S.C. 29577
VICE Mr. Frank E. Cain
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
H. 5157 -- Rep. Blackwell: A BILL TO AMEND SECTION 4 OF ACT 199 OF 1971, RELATING TO THE TERMS OF THE BOARD OF FIRE CONTROL FOR THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO REDUCE THE TERMS FROM SIX YEARS TO FOUR YEARS BEGINNING WITH THE SUCCESSORS OF THE CURRENT BOARD.
H. 5098 -- Rep. G. Brown: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTHERN APARTMENTS, INC. OF BISHOPVILLE, S. C. IN LEE COUNTY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator POPE proposed the following amendment (Doc. No. 3725J), which was ruled out of order:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to the bill to read:
/SECTION ____. Section 6-21-240 of the 1976 Code is amended to read:
"Section 6-21-240. Any city combining its airport with any harbor improvement plan into a single system as provided in Section 6-21-40 may secure such bonds as may be issued therefor by pledges of the revenues from such combined system and it may additionally secure such bonds by pledges of any of the revenues that might from time to time become receivable by said city from any other source or sources except the proceeds of ad valorem taxes. Bonds issued pursuant to this chapter for such purposes may, in the discretion of the governing body of said city, be primarily secured by a pledge of the net revenues from such system, or, as provided by Section 6-21-440, by a pledge of the gross revenues as herein provided."
SECTION ___. Section 6-21-430 of the 1976 Code is amended to read:
"Section 6-21-430. The governing body of the borrower shall designate as custodian of the gross revenues from the operation of the system, project or combined system bond and interest redemption fund established pursuant to Section 6-21-440 a bank, depository or trust company duly qualified and doing business within the State,
which shall be satisfactory to the governing body of such borrower. The bank, depository or trust company shall signify its acceptance of such custodianship by a written instrument directed to the governing body of the borrower. All funds Such fund_ from time to time derived from the operation of such system, project or combined system or funds of the borrower supplemental to the operation and maintenance fund, the depreciation fund or the contingent fund shall be deposited by such borrower with such bank, depository or trust company and be set apart by such bank, depository or trust company pursuant to written instructions from the borrower into the appropriate fund or funds designated in Section 6-21-440. Each of the designated funds from time to time held by such bank, depository or trust company shall be impressed with a trust for the benefit of the persons entitled thereto."
SECTION ___. Section 6-21-440 of the 1976 Code, as last amended by Act 365 of 1980, is further amended to read:
"Section 6-21-440. In the authorizing ordinance the governing body of the borrower shall set aside monthly (or oftener more often if deemed advisable) and shall pledge either the gross revenues or net revenues of the system, project or combined system, as the governing body of the borrower may determine, into separate and special funds as follows: Out of the gross revenues there shall be first set aside a sum sufficient to pay the principal of and the interest upon the bonds as and when they become due and payable. If the gross revenues of any calendar, operating or fiscal year shall be insufficient to pay the principal of and interest on the bonds maturing in any such calendar, operating or fiscal year, an additional amount sufficient to pay the principal of and interest on such bonds outstanding and unpaid shall be set aside out of the gross revenues of the next succeeding calendar, operating or fiscal year and applied to the payment of the principal of and interest on such outstanding and unpaid bonds. This fund shall be designated the 'bond and interest redemption fund.' Out of the remaining gross revenues there also shall be next set aside a sum sufficient to provide for the payment of all expenses of administration and operation and such expenses for maintenance as may be necessary to preserve the system, project or combined system in good repair and working order. This fund shall be designated the 'operation and maintenance fund.' If the pledge made is of gross revenues, the order of the foregoing set asides shall be first to the bond and interest redemption fund and next to the operation and maintenance fund; if the pledge is of net revenues, the order of the foregoing set asides shall be first to the operation and maintenance fund and next to the bond and interest redemption fund. Out of the remaining gross revenues there shall be next set aside a sum sufficient to build up a reserve for depreciation of the existing system or combined system. This fund shall be designated the 'depreciation fund.' Out of the remaining gross revenues there shall be next set aside a sum sufficient to build up a reserve for improvements, betterments and extensions to the existing system, project or combined system, other than those necessary to maintain it in good repair and working order as herein provided. This fund shall be designated the 'contingent fund.' Any surplus revenues thereafter remaining shall be disposed of by the governing body of the borrower as it may determine from time to time to be for the best interest of the borrower.
In the event the proceedings for the issuance of bonds provide for their repayment in whole or in part from front-foot assessments, the borrower need not make the payments provided for in this section for application for the payment of principal and interest on a monthly basis but may make them at least annually, provided that the payments shall be in such amounts and at such times that sufficient funds will be available to pay the principal and interest upon the bonds as and when they become due and payable."/
Renumber sections to conform.
Amend title to conform.
Senator POPE explained the amendment.
Senator LEVENTIS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator POPE spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The Bill was read the third time and having received three readings in both Houses it was ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
The following House Bills were read the third time, passed and ordered returned to the House with amendments:
H. 4628 -- Rep. Taylor: A BILL TO AMEND SECTION 20-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PROPERTY BY A MINOR, SO AS TO DELETE PROVISIONS, ADD PROVISIONS, INCREASE THE AMOUNT OF LIABILITY FROM A MAXIMUM OF ONE THOUSAND DOLLARS TO A MAXIMUM OF TEN THOUSAND DOLLARS, AND EXPAND THE SCOPE AND COVERAGE OF THIS SECTION.
H. 5089 -- Rep. T. Rogers: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.
H. 3904 -- Rep. Altman: A BILL TO AMEND SECTIONS 56-19-240 AND 56-19-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT ODOMETER DISCLOSURE STATEMENTS MUST COMPLY WITH FEDERAL GUIDELINES AND REQUIREMENTS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO ELIMINATE INFORMATION REQUIRED TO BE FURNISHED ON TITLE CERTIFICATES AND ON APPLICATIONS FOR CERTIFICATES.
On motion of Senator LOURIE, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the third reading of the Bill.
Senator LOURIE proposed the following amendment (Doc. No. 2117X), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. (A) The second paragraph of Section 56-19-670 of the 1976 Code is amended to read:
"The assignee may, but need not, to perfect the assignment, may deliver to the department an assignment by the lienholder in the form the department prescribes with the required fee."
(B) Notwithstanding any other provision of this act, this section takes effect upon approval by the Governor./
Amend title to conform.
Senator LOURIE explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4283 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSTATEMENT OF A SUSPENDED OR REVOKED DRIVER'S LICENSE, SO AS TO INCREASE THE AMOUNT OF THE REINSTATEMENT FEE FROM TEN TO ONE HUNDRED DOLLARS, TO DELETE THE PROVISION NOT TO REQUIRE THE REINSTATEMENT FEE UNLESS DRIVER IMPROVEMENT INSTRUCTION IS PROVIDED, TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE THE INSTRUCTION, AND TO REFERENCE THE INSTRUCTION AS AN ADDITIONAL CONDITION PRECEDENT.
On motion of Senator LOURIE, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the adoption of the amendment (Doc. No. 1795A) previously proposed by Senator LOURIE and printed in the Journal of Monday, May 21, 1990:
Amend the bill, as and if amended, Section 56-1-390(2), Page 4283-3, Line 16, by inserting after the word /bridges/ the words /, except that one dollar of the fees listed in item (1) must be credited to the Keep South Carolina Beautiful Fund/.
Amend title to conform.
Senator LOURIE explained the amendment.
On motion of Senator LOURIE, the amendment was adopted.
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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MACAULAY proposed the following amendment (Doc. No. 2213X), which was adopted:
Amend the bill, as and if amended, Section 8-7-90, as contained in SECTION 1, by deleting beginning on line 4 of page 4630-3 /the South Carolina Air National Guard,/.
Amend further, Section 8-7-90, as contained in SECTION 1, page 4630-3, by adding after the period on line 27 /In the event any such person is called upon to serve during an emergency he is entitled to such leave of absence for not exceeding thirty additional days./
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3800 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF NURSING HOME ADMINISTRATORS, SO AS TO DEFINE THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY" AND THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR"; TO ADD SECTION 40-35-35 SO AS TO PROVIDE FOR THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS; TO ADD SECTION 44-7-275, SO AS TO PROVIDE FOR A CRIMINAL RECORDS CHECK FOR APPLICATIONS FOR LICENSURE UNDER ARTICLE 3, CHAPTER 7, TITLE 34 WHICH IS THE "STATE CERTIFICATION OF NEED ON HEALTH FACILITY LICENSURE ACT"; TO AMEND SECTION 44-7-370, AS AMENDED, RELATING TO THE RESIDENTIAL CARE COMMITTEE TO ASSIST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE LICENSING AND INSPECTION OF COMMUNITY RESIDENTIAL CARE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE; AND TO REPEAL SECTION 44-7-310, RELATING TO CERTAIN INFORMATION RECEIVED BY THE OFFICE OF HEALTH LICENSING NOT TO BE PUBLICLY DISCLOSED.
On motion of Senator LEE, with unanimous consent, the Bill was taken up for immediate consideration.
The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The amendment proposed by the Committee on Medical Affairs (Doc. No. 1613o) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 35 of Title 40 of the 1976 Code is amended to read:
Section 40-35-10. For the purposes of this chapter:
(1)'Board' means the State Board of Examiners for Nursing Home Administrators and Community Residential Care Facility Administrators.
(2) 'Nursing home administrator' means a person who has completed attained the requisite education and experience, is otherwise qualified, and has been issued a license by the Board board and is thereby eligible to administer, manage, supervise, or be in administrative charge of a nursing home.
(3) 'Nursing home' means any institution or facility defined for licensing purposes under law or pursuant to regulations for nursing homes promulgated by the Department of Health and Environmental Control, whether proprietary or nonprofit including, but not limited to, nursing homes owned or administered by the State or political subdivisions thereof. The definition does not include intermediate care facilities habilitation centers for the mentally retarded or persons with related conditions.
(4) 'Intermediate care facility for the mentally retarded' 'Habilitation center for the mentally retarded or persons with related conditions' means a facility that is so certified which is licensed by the Department of Health and Environmental Control that serves four or more mentally retarded persons or persons with related conditions and provides health or rehabilitative services on a regular basis to individuals whose mental and physical conditions require services including room, board, and active treatment for their mental retardation or related conditions.
(5) 'Qualified mental retardation professional' means a person who, by training and experience, meets the requirements of applicable federal law and regulations for a qualified mental retardation professional, as determined by the South Carolina Department of Mental Retardation.
(6) 'Community residential care facility administrator' means a person who has attained the required education and experience, is otherwise qualified, has been issued a license by the board and is eligible to administer, manage, supervise, or be in administrative charge of a community residential care facility.
(7) 'Community residential care facility' means a facility defined according to Section 44-7-130 and which is licensed by the Department of Health and Environmental Control, whether proprietary or nonprofit.
(8) 'Consumer' means a person who is or has been a resident of a nursing home or community residential care facility.
(9) 'Sponsor' means a person who is financially or legally responsible for an individual currently residing in a nursing home or residential care facility.
Section 40-35-20. There is created the State Board of Examiners for Nursing Home Administrators and Community Residential Care Facility Administrators composed of eight nine members. Five who must be appointed by the Governor, with the advice and consent of the Senate, for three-year terms and until their successors are appointed and qualify, of which. three Three must be qualified nursing home administrators duly licensed under this chapter, at least one of whom must be from a nonproprietary nursing home, and one must be a qualified hospital administrator; , and one must be a medical doctor or nurse educator. The Commissioner of the Department of Social Services or his designee, the Commissioner of the Department of Health and Environmental Control or his designee, and the Director of the Commission on Aging or his designee shall serve ex officio three must be community residential care facility administrators, who after July 1, 1992 must be licensed under this chapter, at least one of whom must be from a community residential care facility with ten or fewer residents; one must be a consumer, sponsor or family member of a consumer of nursing home services; one must be a consumer, sponsor or family member of a consumer of community residential care services; and one must be a voting member of the Long Term Care Council. The Long Term Care Council shall elect from among its voting members a nominee to be recommended to the Governor. If the Governor does not accept the nomination, an additional nominee must be selected in the same manner. The Commissioner of the Department of Health and Environmental Control, or his designee, shall serve as an ex officio nonvoting member of the board. An individual, group, or association may nominate qualified individuals and submit them to the Governor for his consideration in making these appointments. In case of a vacancy the Governor shall appoint, with the advice and consent of the Senate, a successor to serve for the unexpired term. No appointive member shall serve more than two consecutive full terms. The board shall meet at least twice a year.
Section 40-35-30. (A) The board may issue licenses to qualified persons as nursing home administrators and as community residential care facility administrators, including a joint license for a person who is an administrator of both a nursing home and a community residential care facility, and shall establish qualification criteria. No license may be issued to any person unless he submits evidence satisfactory to the Board that he: board as required in subsection (B) or (C) below.
(B) A nursing home administrator must:
(1) is be at least eighteen twenty-one years of age;
(2) is be of reputable and responsible character;
(3) is be of sound physical and mental health;
(4) has successfully completed a course of study for and been awarded have the following education and experience:
(a) a baccalaureate degree in nursing home administration or related health care administration from an accredited college or university and has, in addition, completed one year of practical experience in nursing home administration or related health care administration or related health care administration or has successfully completed a nonhealth care related ;
(b) a baccalaureate degree other than in health care administration from an accredited college or university and has, in addition, completed and two years of practical experience in nursing home administration or related health care administration; or
(c) has completed a combination of education and experience acceptable under rules regulations promulgated by the Board board; and
(5) has successfully completed the nursing home administrators examination administered by the board and paid the established fees.
(C) A community residential care facility administrator must:
(1) be at least twenty-one years of age;
(2) be of reputable and responsible character;
(3) be of sound physical and mental health;
(4) have at least twelve months experience working in a community residential care facility before applying for licensure;
(5) after January 1, 1993, all applicants, excluding those for renewal, be required to have a high school diploma or the equivalent; and
(6) successfully complete the community residential care facility administrators examination administered by the board and pay the established fees.
(D) Each applicant for a nursing home administrator or community residential care facility administrator license shall request the State Law Enforcement Division to conduct a criminal records check and to furnish the results to the board before initial licensing. This action is required of each owner and administrator of a proprietorship or partnership. In the case of a corporation, this action is required of each owner of five percent or more of each class of outstanding stock, and the chairman of the board and president. Where licensees are governmental agencies, the criminal records check must be obtained on the individual who is the administrator of the governmental facility. The board may deny an application for licensure where the results of the check meet the misconduct provisions of Section 40-35-130(11).
Section 40-35-32. No nursing home or community residential care facility within the State may operate except under the supervision of an administrator licensed in accordance with this chapter.
Section 40-35-40. (A) The Board shall license nursing home administrators in accordance with the regulations issued, and from time to time revised by it. A nursing home administrator's or community residential care facility administrator's license shall is not be transferable. and shall be valid until surrendered for cancellation or suspended or revoked for violation of this chapter or any other laws or regulations relating to the proper administration and management of a nursing home. Any denial of issuance or renewal, suspension, or revocation under any section of this chapter shall be subject to the review procedure of Section 40-35-130.
(B) Licenses shall be are renewable biennially annually on upon such dates as established by the Board board, upon completion of an application for renewal, payment of the established fee, and proof of requisite continuing education pursuant to Section 40-35-90(d) board regulations.
(C) If the license is not renewed pursuant to this provision, the license lapses on the expiration date.
(D) A nursing home administrator or community residential care facility administrator previously licensed in this State whose license has lapsed for failure to renew on or before the expiration date of his license may seek reinstatement of the license within two years of the expiration date by submitting an application with the renewal fee, payment of a penalty as provided in the fee schedule of the board regulations, and proof of requisite continuing education.
(D) If the license has lapsed for more than two years, the individual shall meet the requirements of Section 40-35-30 to become relicensed.
(E) The board must be satisfied that an applicant remains qualified for licensure before renewal of a current license or reinstatement of a lapsed license.
Section 40-35-50. The Board board shall promulgate a fee schedule for the purpose of carrying out the provisions of this chapter pursuant to chapter 23 of title 1.
Section 40-35-60. All fees collected by the Board shall board, with the exception of fines and costs collected pursuant to Section 40-35-134, must be deposited with the State Treasurer to the credit of the general fund.
Section 40-35-70. The Board board shall elect from its membership a chairman, vice chairman, and secretary-treasurer and shall adopt regulations to govern its proceedings. The members of the Board shall board must be compensated for their services at the regular per diem rate established by law for other state boards, committees, and commissions and shall may be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the Board board. The Board board may employ and establish the duties of necessary personnel to assist it in the performance of its duties.
Section 40-35-80. The Board board shall have has authority to determine the qualifications, skill, and fitness of any person to serve as an administrator of a nursing a home applicant for a license under the provisions of this chapter, and the holder of a license under the provisions of this chapter shall be is deemed qualified to serve as the administrator of a nursing home or the administrator of the community residential care facility.
Section 40-35-90. The Board shall have board has the duty and responsibility to following powers and duties:
(a)Develop To develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator or community residential care facility administrator, which standards shall must be designed to insure that nursing home administrators and community residential care facility administrators will be are individuals who are of good character, and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators or community residential care facility administrators.
(b) Develop To develop, and apply appropriate techniques, including examination and investigation, for determining whether an individual meets such standards.
(c) Issue licenses to individuals determined, after application of such techniques, to meet such standards, and revoke or suspend licenses previously issued by the Board in any case where the individual holding such license is determined substantially to have failed to conform to the requirements of such standards. To license and renew the licenses of qualified individuals.
(d) Evaluate To evaluate and approve necessary programs of training and instruction to enable all individuals granted a license licensees to receive forty hours of continuing education biennially as annually which is a requirement of relicensure. This provision is to be effective beginning with the next relicensure period of each license.
(e) Evaluate To evaluate and investigate complaints, received by the Board in order to ascertain whether the complaint reflects upon the administrator conduct hearings and proceedings, and discipline licensees for violations of this chapter or board regulations.
(f) Evaluate To evaluate complaint and investigative information received from the Department of Health and Environmental Control, the nursing home long term care ombudsman of the Governor's office, the Department of Social Services, the peer review of the South Carolina Health Care Association or any other source, with a view to the improvement of the standards imposed for licensing, for decisions on revocation or suspension of licenses, or for other disciplinary actions, and for assessing the qualifications for relicensure of such nursing home administrators and community residential care facility administrators.
(g) To promulgate, amend, repeal, and enforce regulations consistent with law as it considers necessary for the proper administration and enforcement of this chapter.
Section 40-35-100. The board may issue a nursing home administrator's license or community residential care facility administrator's license to any person who holds a current license as a nursing home administrator or community residential care facility administrator from another jurisdiction if it finds that the standards for licensure in such other jurisdiction are at least the substantial equivalent of those prevailing in this State and if the applicant has passed the South Carolina portion of the licensure examination and is otherwise qualified.
Section 40-35-110. It shall be is unlawful and constitute constitutes a misdemeanor for any person to act or serve in the capacity as of a nursing home administrator or residential care facility administrator unless he is the holder of a license as a nursing home administrator, issued in accordance with the provisions of this chapter. Any person so acting or serving shall be convicted of violating this section is subject to a fine not to exceed one hundred thousand dollars or imprisonment not to exceed thirty ninety days.
Section 40-35-130. The license or registration of any person practicing or offering to practice nursing home administration or the license of a nursing home administrator holding a provisional license, may be revoked or suspended, or the licensee be disciplined in accordance with the provisions of this section upon decision and after due hearing in any of the following cases:
(a) Upon proof that the licensee is unfit or incompetent by reasons of negligence, habits or other causes;
(b) Upon proof that the licensee has willfully or repeatedly violated any of the provisions of this chapter or the rules and regulations enacted in accordance therewith, or willfully or repeatedly acted in a manner inconsistent with the health and safety of the patients in the home in which he is the administrator;
(c) Upon proof that the licensee is guilty of fraud or deceit in the practice of nursing home administration;
(d) Upon proof that the licensee has been convicted in a court of competent jurisdiction, either within or without this State, of a felony.
The members of the Board shall have jurisdiction to hear all charges brought under the provisions of this section against persons licensed and registered, as nursing home administrators, or nursing home administrators holding a provisional license, and upon such hearing shall determine the charges upon their merits. The Board, or any committee thereof, or hearing officer designated as such by the Board, acting in an official capacity, shall have the authority to issue subpoenas, compel the attendance of witnesses, administer oaths and take testimony concerning all matters within the jurisdiction of the Board. The Board shall not be bound by the strict rules of evidence in the conduct of its proceedings, but any determinations made shall be founded upon sufficient legal evidence to sustain them.
If the Board determines that a person is guilty of the charges, the Board may revoke his license or registration, suspend him from practice, or otherwise discipline the licensee. Proceedings under this section shall be begun by filing with the Board charges in writing and under oath. Charges may be preferred by any person, corporation, association, or by the Board or any member thereof. Thereupon, the chairman of the Board shall designate three or more members thereof as a hearing committee, or other qualified person as a hearing officer to hear the charges and to report to the Board thereon.
At such hearing, the licensee shall have the right to appear either personally or by counsel, or both, to produce witnesses and evidence in his own behalf, to cross-examine witnesses and have subpoenas issued in his behalf by the hearing committee or the hearing officer. The hearing committee or the hearing officer shall make a written report to the Board of the findings and recommendations which shall be considered by the Board in arriving at its determination. If the Board suspends the licensee, it may also recommend conditions to be met by the licensee during the period of suspension in order to entitle the licensee to again qualify for the license. The Board may in its discretion, after hearing, hold the case under advisement and make a recommendation as to the requirements to be met by the licensee in order to avoid suspension, revocation or other disciplinary actions; in such cases the Board shall enter an order accordingly and notify the licensee by registered mail. If the licensee complies with such order and proves that fact to the satisfaction of the Board, the Board may enter an order showing satisfactory compliance in dismissing the case because of such compliance. The Board may, in its discretion, reissue a license or registration to any person whose license or registration has been revoked. Application for the reissuance of a license or registration shall not be made prior to one year after revocation, and shall be made in such manner as the Board may direct. Misconduct, which constitutes grounds for revocation, suspension, or other restriction of a license or a limitation or other discipline of a licensee, is a satisfactory showing to the board of any of the following:
(1) violating any provision of this chapter or the regulations of the board;
(2) acting in a manner inconsistent with the health or safety of the patients of the nursing home or community residential care facility;
(3) acting in a fraudulent or deceitful manner in the practice of nursing home administration or community residential care facility administration or in his admission, or the admission of any other person, to the practice;
(4) failing to ensure that the nursing home or community residential care facility in which he is an administrator complies with the provisions of law and regulations of the licensing or supervising authority or agency, whether federal, state, or local, having jurisdiction over the operation and licensing of the nursing home or community residential care facility;
(5) using alcohol, drugs, or controlled substances to such a degree as to adversely affect his ability to act as a nursing home administrator or community residential care facility administrator;
(6) failing to operate a nursing home or community residential care facility in a manner which ensures the safety, health, and welfare of the patients;
(7) continuing to operate a nursing home or community residential care facility after sustaining a physical or mental impairment or disability which renders further practice by him dangerous to the public;
(8) supervising or aiding an unlicensed person in the practice of nursing home administration or community residential care facility administration;
(9) permitting unauthorized disclosure of information relating to a patient in a nursing home or community residential care facility under his administration;
(10) disciplinary action by the authorities of another state with respect to the nursing home administrator or community residential care facility administrator license issued by that state;
(11) conviction of, or pleading guilty or nolo contendere to, a felony, as defined under the law of this State, or any crime involving the safety, health, or welfare of a resident of a nursing home or community residential care facility, or any other crime involving moral turpitude. The license of a person who is convicted of, or who pleads guilty or nolo contendere to, those crimes mentioned in this item immediately may be suspended temporarily pending final disposition of a disciplinary proceeding to be commenced upon the conviction or the entry of the plea of guilty or nolo contendere. A person so suspended must be reinstated immediately upon the filing of a certificate that the conviction has been reversed. The reinstatement does not terminate a disciplinary action pending against the person. The license of a person may be suspended immediately pending final disposition of a disciplinary proceeding where the board has probable cause to believe that continued practice as a nursing home administrator or community residential care facility administrator by the licensee constitutes harm to the safety, health, or welfare of patients in a nursing home or community residential care facility.
Section 40-35-140. No nursing home may be operated or licensed to operate after July 1, 1970, except under the supervision of an administrator licensed under this chapter. Intermediate care facilities Habilitation centers for the mentally retarded or persons with related conditions funded in whole or in part by the Department of Mental Retardation must be under the supervision of a licensed nursing home administrator or a qualified mental retardation professional who has been determined by the department to have the requisite training and experience."
SECTION 2. The 1976 Code is amended by adding:
"Section 40-35-131. (A) A person or public officer, including a board member, or an agency or association may file a complaint with the board against a licensee. The board has jurisdiction to hear all charges brought against persons licensed as nursing home or community residential care facility administrators, including licensees holding emergency licenses.
(B) When a complaint is received by the board, a committee of the board will conduct an initial review and an investigation, if the board determines that an investigation is necessary, and shall recommend to the board whether formal charges should be brought against the administrator. No nursing home administrators nor consumer, sponsor or family member of a consumer of nursing home services may participate on the committee conducting these matters concerning a complaint against a community residential care facility administrator. No community residential care facility administrator nor consumer, sponsor or family member of the consumer of community residential care services, may participate on the committee conducting these matters concerning a complaint against a nursing home administrator.
(C) After initial review of a complaint and recommendations from the committee are presented to the board, the board may determine that an investigation is necessary or dismiss the complaint without investigation. If an investigation is undertaken by the committee, the committee may conduct an investigatory conference to determine whether to recommend to the board that a formal charge is warranted.
(D) After completion of the investigation and consideration of the committee's recommendation, the board may bring formal charges against the licensee or dismiss the initial complaint.
(E) Nothing in this section precludes duly authorized members of the board from meeting informally with the licensee to dispose of the initial complaint with a consent order.
(F) A licensee who is under investigation for any of the items of misconduct may voluntarily surrender his license to the board. The voluntary surrender invalidates the license at the time of its relinquishment and no person whose license is surrendered voluntarily may practice as a nursing home or community residential care facility administrator until the board takes action. A person practicing as a nursing home administrator or community residential care facility administrator during the period of voluntary license surrender is considered an illegal practitioner and is subject to the penalties provided by this chapter. The surrender of a license, as provided by this subsection, may not be considered as an admission of guilt in a proceeding under this chapter. The surrender does not preclude the board from imposing conditions on the acceptance of the profferred surrender, which the licensee shall meet before the return of his license, nor does the surrender preclude the board from taking disciplinary action under this section.
Section 40-35-132. (A) In the event the board determines that formal charges must be brought against the licensee, the board may hear the charges or may, in its discretion, appoint a hearing officer, or officers, to hear the charges.
(B) The board or the appointed hearing officer or officers shall set the time and place for a hearing and have the authority to issue subpoenas, administer oaths, and take testimony.
(C) The licensee has the right to appear at the hearing with or without counsel, to present evidence, to cross-examine witnesses, and to have subpoenas issued in his behalf.
(D) Whenever a disciplinary hearing is held before a hearing officer or officers, the hearing officer or officers shall make written findings of fact, conclusions, and recommendations to the board. The board, through its executive director or attorney, shall notify the licensee or his counsel, if any, of the time and place at which the board will consider the recommendations of the hearing officer or officers for the purpose of determining its action thereon. The licensee, or his counsel, must be informed of the right to submit briefs and be heard in oral argument in opposition to or in support of the recommendations of the hearing officer or officers.
(E) After the case has been heard, the board may, in its discretion, hold the matter under advisement and prescribe requirements to be met by the licensee in order to avoid disciplinary sanctions. In that event, the board shall issue, within a reasonable period of time and in no case longer than thirty days after the case is heard, a written order setting forth the requirements, including the timeframe within which compliance must be achieved. If the licensee makes a satisfactory showing to the board of compliance with the order, the board may enter an order finding satisfactory compliance and may dismiss the case.
Section 40-35-133. Upon a determination by the board that one or more of the grounds for revocation or suspension of a license or for otherwise disciplining a licensee exist in accordance with the provisions of Section 40-35-130, the board may take any one or more of the following actions regarding the license or the licensee:
(1) issue a public or private reprimand;
(2) impose costs, not to exceed the actual costs of the board in processing the disciplinary action against the licensee, including, but not limited to, amounts expended for board members' attendance at hearings, service of papers, witness fees and expenses, and court reporter;
(3) impose a fine not to exceed two thousand dollars for each ground of revocation, suspension, or other discipline, with the total amount imposed not to exceed ten thousand dollars;
(4) place the licensee on probation for a definite or indefinite time and prescribe conditions to be met during probation;
(5) suspend the license for a definite or indefinite time, and prescribe conditions to be met before readmission to practice;
(6) permanently revoke the license.
Section 40-35-134. (A) All costs and fines imposed under Section 40-35-133(2) and (3) are due and payable immediately upon imposition. Interest at the legal rate accrues on the amount due from the date imposed until the date it is paid.
(B) The board shall remit all amounts received by way of costs and fines and by way of interest to the State Treasurer to be deposited in a special fund from which the board must be reimbursed for the administrative costs of each disciplinary proceeding upon the approval of the Budget and Control Board. At any time the special fund exceeds twenty thousand dollars, all funds in excess of twenty thousand dollars must be remitted to the state's general fund.
Section 40-33-135. Every communication, whether oral or written, made by or on behalf of a person, to the board or a person designated by it to investigate or hear matters relating to the revocation, suspension, or other restriction of a license or the limitation on or other discipline of a licensee, whether by way of complaint or testimony, is privileged, and no action or proceeding, civil or criminal, shall lie against the person, by or on whose behalf the communication is made, except upon proof that the communication was made with malice.
No part of this article may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law, nor as prohibiting the respondent from normal access to the charges and evidence filed against him as part of due process under the law.
Section 40-35-136. No person connected with any complaint, investigation, or other proceeding before the board, including, but not limited to, a witness, counsel, counsel's secretary, board member, board employee, court reporter, or investigator, may mention the existence of, disclose information pertaining to, or discuss any testimony or other evidence in the complaint, investigation, or other proceeding, except to persons involved and having a direct interest in such, and then only to the extent necessary for the proper disposition thereof. Whenever the board receives information in a complaint, investigation, or other proceeding before it indicating a violation of state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory board."
SECTION 3. Those nursing home administrators serving on the Nursing Home Administrators Board immediately prior to the effective date of this act may be appointed to serve on the board created by this act. The initial terms of members of the board created by this act are as follows: one nursing home administrator and one community residential care facility administrator for a one-year term; one nursing home administrator and one community residential care facility administrator for a two-year term; one nursing home administrator and one community residential care facility administrator for a three-year term; one consumer or sponsor or family member of a consumer of nursing home services for a one-year term; one consumer or sponsor or family member of a consumer of residential care services for a two-year term; and the member from the Long Term Care Council for a three-year term.
For one year following the effective date of this act, the following members of the Nursing Home Administrators Board immediately prior to the effective date of this act will serve as nonvoting ex officio members of the Board of Examiners for Nursing Home Administrators and Community Residential Care Facility Administrators: the medical doctor or nurse educator, the Commissioner of the Department of Social Services or his designee, and the Director of the Commission on Aging or his designee.
Until regulations are promulgated pursuant to this act, but no later than July 1, 1992, nursing home administrators must continue to meet the licensing standards and requirements in the manner provided by law and regulation existing on the effective date of this act and community residential care facility administrators must not be licensed or subject to the provisions of this act.
SECTION 4. This act takes effect six months after approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
The following Bill having been read the second time was passed and ordered to a third reading with notice of general amendments:
H. 5160 -- Rep. Carnell: A BILL TO PROVIDE THAT ONE MILL OF THE COUNTYWIDE LEVY FOR SCHOOL OPERATING PURPOSES IN GREENWOOD COUNTY MUST BE DISTRIBUTED TO THE DISTRICT WITH THE LOWEST ASSESSED VALUE.
S. 432 -- Senators Waddell, Lee and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 52 SO AS TO PROVIDE FOR THE PARI-MUTUEL SPORTS ACT BY ESTABLISHING PURPOSES, DEFINITIONS, THE RACING COMMISSION AND ITS POWERS AND DUTIES, RACETRACK MEETINGS, TESTING, LICENSING, DISTRIBUTION OF MONEY, TAXES, RACING DAYS, SOUTH CAROLINA RACES, WAGERING, THE APPLICATION TO STATE AND COUNTY FAIRS, EJECTION AND EXCLUSION FROM A RACETRACK, RELATED OFFENSES, PENALTIES, BUSINESS CONDUCTED ON LICENSED PREMISES, AND REVIEW OF THE COMMISSION; AMEND THE 1976 CODE BY ADDING SECTION 16-19-170 SO AS TO PROVIDE THAT CONDUCT AUTHORIZED BY THIS ACT IS LEGAL AND SECTION 32-1-60 SO AS TO PROVIDE FOR CONTRACT LAW NOT TO APPLY TO CONTRACTS AUTHORIZED PURSUANT TO THIS ACT; REPEAL SECTIONS 52-5-10 THROUGH 52-5-40 RELATING TO HORSE RACING; ADD THE OFFENSES PROVIDED IN THIS ACT TO THE LIST OF FELONIES IN SECTION 16-1-10; PROVIDE FOR A STATEWIDE REFERENDUM ON HORSE AND GREYHOUND RACING WITH PARI-MUTUEL WAGERING; PROVIDE FOR THE COMMISSION'S INITIAL TERMS; AND PROVIDE FOR THE ACT'S EFFECTIVE DATE AFTER THE REFERENDUM.
Senator LONG asked unanimous consent to make a motion to make the Bill a Special Order.
Senator ROSE objected.
The following Bill was carried over:
H. 4980 -- Reps. Moss and L. Martin: A BILL TO AMEND SECTION 38-73-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CHIEF INSURANCE COMMISSIONER TO DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE AND OTHER MATTERS RELATING TO WORKERS' COMPENSATION, SO AS TO AUTHORIZE THE COMMISSIONER TO DISAPPROVE AN EXPERIENCE MODIFICATION RATE UPON A FINDING THAT IT IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY.
(On motion of Senator LEATHERMAN)
On motion of Senator SETZLER, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:
Appointment, Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1991:
2nd Congressional District:
Ms. Cathy Blackburn Novinger, 119 Mill Pond Road, Cayce, S.C. 29033 VICE Mr. Rodney Hull
Appointment, Member, State Athletic Commission, with term to expire June 30, 1994:
6th Congressional District:
Mr. Franklin Martin Stallings, 734 Charlotte Road, Myrtle Beach, S.C. 29577 VICE Mr. Frank E. Cain
Reappointments, Members, Sumter County Magistrate:
George R. Gibson, Post Office Box 236, Mayesville, S.C. 29104
W. Al Brown, Jr., Box 266, Wedgefield, S.C. 29168
Henry H. Graham, Post Office Box 311, Pinewood, S.C. 29125
Mary Katherine Herbert, Post Office Box 1394, Sumter, S.C. 29151
James W. Hudson, 3310 Nazarene Church Road, Sumter, S.C. 29154
William Sanderts, Route 2, Box 51-B, Rembert, S.C. 29128
Appointment, Member, Lexington County Magistrate:
George Marion Shealy, 228 Hall Street, Batesburg, S.C. 29006 VICE James D. Ward (resigned)
Reappointments, Members, Edgefield County Magistrate:
N.J. Scavens, Post Office Box 592, Edgefield, S.C. 29824
Diane L. Simpkins, Route 1, Box 49-C, Trenton, S.C. 29847
At 1:10 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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