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Printed Page 2410, May 7
| Printed Page 2430, May 7
| At 3:40 P.M., on motion of Senator LEATHERMAN, the Senate receded from business subject to the Call of the Chair.
At 3:47 P.M., the Senate resumed.
At 3:47 P.M., Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Gregory Holland Hutto Lander Leatherman Leventis Martin Matthews McConnell Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Russell Ryberg Saleeby Setzler Smith, G. Smith, J.V. Waldrep Washington WilsonA quorum being present, the Senate resumed.
On motion of Senator MOORE, at 3:50 P.M., Senator LAND was granted a leave of absence until 5:30 P.M.
On motion of Senator WILSON, at 3:50 P.M., Senator THOMAS was granted a leave of absence for the balance of the day.
On motion of Senator PATTERSON, at 3:50 P.M., Senator JACKSON was granted a leave of absence for the balance of the day.
S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
On motion of Senator HOLLAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator HOLLAND spoke on the report.
On motion of Senator HOLLAND, with unanimous consent, Free Conference Powers were granted.
Whereupon, the PRESIDENT appointed Senators MOORE, HOLLAND and WILSON to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
On motion of Senator HOLLAND, the Report of the Committee of Free Conference to S. 90 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 16-11-330 of the 1976 Code, as last amended by Section 170, Act 184 of 1993, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon must be imprisoned not more than thirty years, no part of which may be suspended. A person convicted under the provisions of this subsection is not eligible for parole until he has served at least seven years of his sentence.
(1) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of armed robbery shall receive and serve a minimum sentence of at least three years, no part of which may be suspended. The person is not eligible for parole or probation until he has served a three-year minimum sentence.
(2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (Youthful Offenders Act).
(B) A person convicted for attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the attempted robbery reasonably believed to be a deadly weapon must be imprisoned not more than twenty years."
SECTION 2. Section 23-11-110(A)(7) of the 1976 Code is amended to read:
"(7) be fingerprinted and have the State Law Enforcement Division make a search of local, state, and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of any law enforcement agency and must be made available to SLED sixty days before the close of qualification for election to the office with the no later than one hundred thirty days prior to the general election.
The results of the records search are to be filed with the county executive committee of the person's political party. A person seeking nomination
SECTION 3. Section 23-11-110(B)(1) of the 1976 Code is amended to read:
"(B) (1) A person offering his candidacy for the office of sheriff, within sixty days before or at the time he qualifies , shall file a sworn affidavit, no later than the close of filing, with the county executive committee of the person's political party. The county executive committee of any political party with whom a person has filed his affidavit must file a copy of the affidavit with the appropriate county election commission by noon on the tenth day following the deadline for filing affidavits by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the affidavits must be filed by noon the following day. A person seeking nomination by petition must file a sworn affidavit with the county election commission in the county of his residence."
SECTION 4. For the General Election of 1996 only, the deadline for making available fingerprint records to the State Law Enforcement Division by candidates for sheriff pursuant to provisions of Section 23-11-110(A)(7) and the deadline for filing the sworn affidavit with the county executive committee pursuant to the provisions of Section 23-11-110(B)(1) is extended until noon forty-five days before the general election.
SECTION 5. This act takes effect upon approval by the Governor and Sections 2 and 3 apply with respect to candidates filing for election beginning January 1, 1996. /
Amend title to conform.
/s/Donald H. Holland .......... /s/James H. Harrison
/s/Thomas L. Moore .......... /s/L. Morgan Martin
/s/Addison G. "Joe" Wilson .......... /s/L. Hunter Limbaugh
On Part of the Senate. .......... On Part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., May 7, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
Very respectfully,
Speaker of the House
Whereupon, the PRESIDENT appointed Senators SETZLER, WASHINGTON and CORK of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 7, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Hodges, Klauber and J. Young of the Committee of Conference on the part of the House on:
S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 2, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.
Very respectfully,
Speaker of the House
Received as information.
H. 4600 -- GENERAL APPROPRIATION BILL
The House returned the Bill with amendments.
H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
The House returned the Resolution with amendments.
On motion of Senator DRUMMOND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE
The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. P-8A (GJK\22826SD.96) previously proposed by Senators LEATHERMAN and J. VERNE SMITH.
Senator LEATHERMAN argued in favor of the adoption of the amendment and Senator LEVENTIS argued contra.
At 4:23 P.M., Senator COURTNEY assumed the Chair.
Senator LEVENTIS continued arguing contra to the adoption of the amendment.
On motion of Senator MOORE, with unanimous consent, with Senator LEVENTIS retaining the floor, Amendment No. P-8A was carried over.
Senator WASHINGTON proposed the following Amendment No. P-1A (3915R040.MW), which was adopted:
Amend the committee amendment, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Notwithstanding any other provision of law, the Budget and Control Board must consult the South Carolina Commission on Higher Education prior to granting authorization to effectuate the transaction provided for in this act./
Renumber sections to conform.
Amend totals and title to conform.
Senator WASHINGTON explained the amendment.
Senator WASHINGTON moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
On motion of Senator McCONNELL, with unanimous consent, any remaining amendments that were perfecting amendments to the committee amendment and all those drawn to perfect the Bill would be treated as amendments to the Bill, all members reserving their rights, without prejudice to any degree.
The question then was the adoption of the amendment proposed by the Committee on Medical Affairs.
The Committee on Medical Affairs proposed the following amendment (GJK\22808SD.96), which was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 7, Title 44 of the 1976 Code is amended by adding:
Section 44-7-3110. The General Assembly authorizes and grants to the Board of Trustees of the Medical University of South Carolina authority to enter into reasonable agreements to transfer the management and operations of the Medical University Hospital to one or more private operators, including authority to:
(A) Lease certain Medical University Hospital land, together with all easements, rights, privileges, and appurtenances appertaining thereto, and all of the buildings, structures, fixtures, and other improvements existing and situated on that land, all as described in Section 44-7-3120; and
(B) Sell furniture, fixtures, equipment, accounts receivable, and other incidental assets associated with or employed in the operation of the Medical University Hospital on the land.
Provided, however, that the following terms and conditions must be observed and included and accepted in the agreements:
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