Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index
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Printed Page 2400 . . . . . Friday, May 5, 1995
Amendment No. 108A

RULING BY THE PRESIDENT

The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 108A (3362R234.MTR) proposed by Senator ROSE was out of order inasmuch as it was not germane.

The PRESIDENT overruled the Point of Order.

The Senate proceeded to a consideration of Amendment No. 108A.

Senator ROSE explained the amendment.

Senator ROSE moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Leave of Absence

On motion of Senator ALEXANDER, at 11:10 A.M., Senator RUSSELL was granted a leave of absence until 7:00 P.M.

Amendment No. 109AA

RULING BY THE PRESIDENT

The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 109AA (DKA\3995AC.95) proposed by Senator J. VERNE SMITH was out of order inasmuch as it was violative of Article 10, Section 11, S.C. Constitution.

The PRESIDENT overruled the Point of Order.

The Senate proceeded to a consideration of Amendment No. 109AA.

Senator LEVENTIS argued contra to the adoption of the amendment.

Point of Quorum

Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator LEVENTIS continued arguing contra to the adoption of the amendment.

Senator J. VERNE SMITH argued in favor of the adoption of the amendment.

Senator J. VERNE SMITH moved that the amendment be adopted.

Senator LEVENTIS argued contra to the adoption of the amendment.

Printed Page 2401 . . . . . Friday, May 5, 1995
On motion of Senator LAND, with unanimous consent, the amendment was carried over and later adopted.

Objection

At 11:30 A.M., Senator DRUMMOND asked unanimous consent to make a motion that at 12:30 P.M. no further amendment to H. 3362, the General Appropriation Bill, would be accepted on the Desk with the exception of any balancing amendments proposed by the Senate Finance Committee or any amendments certified by the Clerk which are necessary perfecting amendments.

Senator RICHTER objected.

Amendment No. 177

RULING BY THE PRESIDENT

The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 177 (GJK\21953HTC.95) proposed by Senator THOMAS was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

The Senate proceeded to a consideration of Amendment No. 177.

Senator THOMAS argued in favor of the adoption of the amendment.

On motion of Senator THOMAS, with unanimous consent, Amendment No. 177 was perfected by Amendment No. 177A (3362R312.DLT), proposed by Senators THOMAS and WILSON and adopted as follows.

Amendment No. 177A

Senators THOMAS and WILSON proposed the following Amendment No. 177A (3362R312.DLT), which was adopted:

Amend the bill, as and if amended, Part II, on page 601, after line 31, by adding a new section to read:

/SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 2-3-25 SO AS TO PROVIDE IF A MEMBER OF THE GENERAL ASSEMBLY RESIGNS OR IS EXPELLED, HE MUST REPAY ANY COMPENSATION RECEIVED ON A PRO RATA BASIS, AND PROVIDE THAT IF HE DOES NOT, THE COMPTROLLER GENERAL SHALL WITHHOLD THAT AMOUNT FROM ANY RETIREMENT BENEFITS HE RECEIVES.

The 1976 Code is amended by adding:

Printed Page 2402 . . . . . Friday, May 5, 1995
"Section 2-3-25. Effective after July 1,1995, if a member of the General Assembly resigns or is expelled, he must repay any compensation he has received for that year on a pro rata basis, pro rated from the first day of the session in January each year through the end of the annual session. The Clerk of the Senate or the Clerk of the House of Representatives, as appropriate, shall request the repayment of the compensation paid. If the member does not repay the monies he has received within thirty days of the date of request by the clerk, the Comptroller General is authorized to deduct the appropriate amount from any retirement benefits the member may receive and remit this amount to the credit of the general fund of the State, pro rated from the first day of the session in January each year through the end of the annual session."/

Amend sections, totals and title to conform.

The amendment was adopted.

Motion Adopted Further Amendments Prohibited; Exceptions

At 12:05 P.M., Senator DRUMMOND asked unanimous consent to make a motion that at 1:00 P.M. no further amendments to H. 3362, the General Appropriation Bill, would be accepted on the Desk with the exception of any balancing amendments proposed by the Senate Finance Committee or any amendments certified by the Clerk which are necessary perfecting amendments.

There was no objection and the motion was adopted.

Amendment No. 162

RULING BY THE PRESIDENT

The PRESIDENT took up the Point of Order raised by Senator LEATHERMAN that Amendment No. 162 (JIC\5958HTC.95) proposed by Senator PEELER was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

The Senate proceeded to a consideration of Amendment No. 162.

Senator PEELER explained the amendment.

The amendment was adopted.

Printed Page 2403 . . . . . Friday, May 5, 1995
Amendment No. 183

Senator PEELER proposed the following Amendment No. 183 (PFM\7466BDW.95), which was adopted:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/SECTION ___

TO AMEND THE 1976 CODE BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 56 SO AS TO PROVIDE REQUIREMENTS FOR WHOLESALE MOTOR VEHICLE AUCTIONS AND FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSE PLATES.

A. Chapter 15, Title 56 of the 1976 Code is amended by adding:

"Article 5

Wholesale Motor Vehicle Auctions

Section 56-15-510. As used in this article:

(1) `Wholesale motor vehicle auction' is an entity in the business of providing auction services in wholesale transactions at its established place of business, and which does not buy, sell, or own the motor vehicles it auctions in the ordinary course of its business.

(2) `Motor vehicles' with regard to transactions taking place at a wholesale motor vehicle auction include, but are not limited to, motor homes, manufactured homes, recreational vehicles, boats, motorcycles, and motor vehicles as provided for in Section 56-3-20.

Section 56-15-520. When a transfer of title is made as a result of a transaction at a wholesale motor vehicle auction, the reassignment of title or bill of sale must note the name and address of the wholesale motor vehicle auction. However, the wholesale motor vehicle auction is not deemed to be the owner, seller, transferor, or assignor of title of a motor vehicle by reason of its name appearing on a reassignment of title or bill of sale or by reason of its payment of a guarantee of payment to a seller, receipt of payment from a purchaser, or the reservation of a lien or security interest for the purpose of securing payment from a purchaser.

Section 56-15-530. A wholesale motor vehicle auction is not prohibited from buying or selling motor vehicles in its own name. However, in that instance, it shall comply with the provisions of South Carolina law pertaining to reassignment and delivery of title documents and disclosures to buyers.

Section 56-15-540. A motor vehicle dealer licensed by this or another jurisdiction may purchase or sell motor vehicles at a wholesale motor vehicle auction. A person may purchase or sell motor vehicles at a wholesale motor vehicle auction if required by an agency of government or by law.

Printed Page 2404 . . . . . Friday, May 5, 1995
Section 56-15-550. The following may sell motor vehicles through a wholesale motor vehicle auction if the motor vehicles are acquired as an incident to regular business:

(1) manufacturers;

(2) marine dealers;

(3) motor vehicle rental businesses;

(4) motor vehicle lease businesses;

(5) recreation vehicle dealers;

(6) sellers of motor vehicle fleets;

(7) manufacturers;

(8) public officers while performing their official duties;

(9) receivers;

(10) trustees;

(11) administrators;

(12) executors;

(13) guardians;

(14) insurance companies;

(15) banks;

(16) finance companies;

(17) other loan agencies or their agents.

Section 56-15-560. Before engaging in business as a wholesale motor vehicle auction in this State, an application must be filed with the Department of Revenue and Taxation furnishing the information it requires including, but not limited to, information adequately identifying by name and address individuals who own or control ten percent or more of the interest of the applicant. Each license issued expires twelve months from the month of issuance and must be displayed prominently at the established place of business. The license applies to only one place of business of the applicant and is not transferable to another person or place of business. The fee for the license is fifty dollars.

Section 56-15-570. (A) Each applicant for licensure as a wholesale motor vehicle auction shall furnish a surety bond in the penal amount of fifteen thousand dollars on a form prescribed by the Deputy Director of the Motor Vehicle Records and Vehicle Inspection Division of the department. The bond must be given to the department and executed by the applicant as principal and by a corporate surety company authorized to do business in this State as surety. The bond must be conditioned upon the applicant or licensee complying with the statutes applicable to the license and as indemnification for loss or damage suffered by an owner of a motor vehicle, or his legal representative, by reason of fraud practiced or fraudulent representation made by the licensee in connection with the

Printed Page 2405 . . . . . Friday, May 5, 1995
sale or transfer of a motor vehicle by the licensee or its agent acting for it or within the scope of employment of the agent or loss or damage suffered by reason of a violation by the licensee or its agent of this chapter.

(B) An owner or his legal representative who suffers loss or damage has a right of action against the wholesale motor vehicle auction and against the licensee's surety upon the bond and may recover damages as provided in this chapter. A new bond or a proper continuation certificate must be delivered to the department annually before the license is renewed. However, regardless of the number of years a bond remains in effect, the aggregate liability of the surety for all claims is limited to fifteen thousand dollars on each bond and to the amount of the actual loss incurred. The surety may terminate its liability under the bond by giving the department thirty days' written notice of its intent to cancel the bond. The surety shall notify the department if the bond is canceled. The cancellation does not affect liability incurred or accrued before the cancellation.

Section 56-15-580. During a license year, if there is a change in the information that a wholesale motor vehicle auction gave the department to obtain or retain a license under this section, the licensee shall report the change to the department within thirty days after the change occurs on the form the department requires.

Section 56-15-590. (A) A wholesale motor vehicle auction shall establish and retain at its primary place of business complete records in an order appropriate for business requirements and that permits systematic retrieval for five years following the date of sale of each motor vehicle. The records must show the name of the most recent owner other than the wholesale motor vehicle auction, the name of the buyer, the vehicle identification number, and the odometer reading on the date which the wholesale motor vehicle auction took possession of the motor vehicle.

(B) The records kept by the wholesale motor vehicle auction must be maintained in a reasonably organized and orderly fashion with all entries being legible to the ordinary person upon inspection. Records which are illegible or incapable of accurate interpretation by the recordkeeper or the department's inspector or agent are not in compliance with this section.

(C) If a wholesale motor vehicle auction fails to keep the required records or fails to make them available to the department or its authorized agents immediately upon a reasonable request, the wholesale motor vehicle auction is guilty of a misdemeanor and, upon conviction, is subject to the provisions of Chapter 54 of Title 12.

Printed Page 2406 . . . . . Friday, May 5, 1995
Section 56-15-600. (A) The department may issue to a licensed wholesale motor vehicle auction, upon application and payment of the required fee to the department, wholesale motor vehicle auction license plates. The license plates are exclusively for the use of transporting motor vehicles in the course of doing business as a wholesale motor vehicle auction and must not be attached permanently. The license plate expires twelve months from the month of issuance. The documentation evidencing transport in the ordinary course of doing business as a wholesale motor vehicle auction must be by form approved by the Department of Revenue and Taxation. The form at all times must accompany the license plates. A person who does not use the license plate exclusively to transport motor vehicles in the course of doing business as a wholesale motor vehicle auction is guilty of a misdemeanor and, upon conviction, must be fined three hundred dollars.

(B) Wholesale motor vehicle auction license plates must not be issued by the department unless the wholesale motor vehicle auction furnishes proof in a form acceptable to the department that it has a wholesale motor vehicle auction license as required by this article and that at least twenty sales of motor vehicles have taken place through the wholesale motor vehicle auction in the twelve months preceding its application for a license. The sales requirement may be waived by the department if the wholesale motor vehicle auction has been licensed for less than one year.

(C) A wholesale motor vehicle auction may be issued two license plates for the first twenty vehicles auctioned during the preceding year and one additional license plate for each fifty vehicles auctioned beyond the initial twenty during the preceding year but not to exceed one hundred license plates. For good cause shown, the department in its discretion may issue additional license plates. If the wholesale motor vehicle auction has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of license plates issued based on actual sales made.

(D) The cost of each wholesale motor vehicle auction license plate issued is twenty dollars annually."

B. This section takes effect July 1, 1995./

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senator PEELER moved that the amendment be adopted.

The amendment was adopted.

Printed Page 2407 . . . . . Friday, May 5, 1995
Amendment No. 194

Senator ALEXANDER proposed the following Amendment No. 194 (PT\1987HTC.95), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section appropriately numbered to read:

/SECTION

TO AMEND SECTION 59-107-90 OF THE 1976 CODE, RELATING TO THE MAXIMUM AMOUNT OF OUTSTANDING STATE INSTITUTION BONDS, SO AS TO RAISE THE LIMIT FROM SIXTY TO NINETY MILLION DOLLARS.

Section 59-107-90 of the 1976 Code is amended to read:

"Section 59-107-90. Notwithstanding any other provision of this chapter, there shall must not be outstanding at any given time state institution bonds for all institutions in excess of sixty ninety million dollars except that in computing such this debt limitation, all bonds defeased pursuant to Section 59-107-200 shall must be deducted from the aggregate of state institution bonds outstanding at such the time."/

Amend sections, totals and title to conform.

Senator ALEXANDER explained the amendment.

Senator ALEXANDER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 197

Senator LEVENTIS proposed the following Amendment No. 197 (GJK\21962CM.95), which was later ruled out of order:

Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:

/SECTION

TO AMEND SECTION 56-3-620, AS AMENDED, OF THE 1976 CODE, RELATING TO REGISTRATION FEES FOR HANDICAPPED PERSONS AND PERSONS OF CERTAIN AGES FOR PRIVATE PASSENGER-CARRYING VEHICLES AND PROPERTY-CARRYING VEHICLES WEIGHING FIVE THOUSAND POUNDS OR LESS, SO AS TO REVISE THE REGISTRATION FEES, AND TO PROVIDE THAT SIX DOLLARS OF EACH FEE MUST BE USED BY THE DEPARTMENT OF PUBLIC SAFETY TO EMPLOY ADDITIONAL SATE HIGHWAY PATROLMEN.

Section 56-3-620 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

Printed Page 2408 . . . . . Friday, May 5, 1995
"Section 56-3-620. (A) For persons sixty-five years of age or older, or persons who are handicapped, as defined in Section 56-3-1950, the biennial registration fee for every private passenger-carrying vehicle is twenty twenty-six dollars.

(B) Beginning July 1, 1987, for persons under the age of sixty-five years the biennial registration fee for every private passenger-carrying vehicle is twenty-four thirty dollars.

(C) For persons sixty-five years of age or older, the biennial registration fee for a property-carrying vehicle with a gross weight of five thousand pounds or less is thirty thirty-six dollars.

(D) For persons who are sixty-four years of age, the biennial registration fee for a private passenger-carrying vehicle is twenty-two twenty- eight dollars.

(E) Six dollars of each biennial registration fee collected pursuant to this section must be remitted to the Department of Public Safety and used to employ additional state highway patrolmen."/

Amend sections, totals and title to conform.

Senator LEVENTIS argued in favor of the adoption of the amendment and Senator BRYAN argued contra.

Point of Order

Senator J. VERNE SMITH raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."

Senators LEVENTIS and GIESE spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Amendment No. 197 was later ruled out of order.

Amendment No. 199

Senator SETZLER proposed the following Amendment No. 199 (GJK\21927SD.95), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section appropriately numbered to read:

/SECTION

TO AMEND SECTION 59-103-10 OF THE 1976 CODE RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO
Printed Page 2409 . . . . . Friday, May 5, 1995
REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.

(A) Section 59-103-10 of the 1976 Code is amended to read:

"Section 59-103-10. In order to provide overview and oversight of the services provided by the public higher education institutions, serve as an advisor to the Governor and the General Assembly, and advocate the interests of students attending institutions of higher learning, there is created the State Commission on Higher Education. Two members must be appointed by the Governor from each congressional district upon the recommendation of the majority of the legislative delegation members from the district. Six members must be appointed by the Governor from the State at large with the advice and consent of the Senate. Members must be appointed for terms of four years and until their successors are

Printed Page 2410 . . . . . Friday, May 5, 1995
appointed and qualify. No one is eligible to serve on the commission for more than two consecutive terms. A term served by a member which is less than a full four-year term must not be counted in determining when a member has served the maximum number of terms. No member may be an employee or member of a governing body of a public or private institution of higher learning in this State. The commission shall consist of eleven members appointed by the Governor. The membership must consist of one at-large member to serve as chairman, one representative from each of the six congressional districts, three representatives of the public colleges and universities, and one representative of the independent colleges and universities of South Carolina.

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