South Carolina General Assembly
113th Session, 1999-2000
Journal of the Senate

Printed Page 1155 . . . . . Wednesday, March 8, 2000

Wednesday, March 8, 2000
(Statewide Session)

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, some Christians call today "Ash Wednesday," beginning the Lenten season, which is for many a good time for a reality check. Hear words from Genesis 18:27:

"Abraham answered, 'Let me take it upon myself to speak to

the Lord, I, who am but dust and ashes."
Let us pray.

Our Heavenly Father, we thank You for the good news of the returning strength and health of our beloved colleague, Your faithful servant, Donald Holland. We praise Your Name and look forward to his return, soon, to us.

At this Ash Wednesday time, we note that the Book of Genesis tells us from whence we have come. The Man from Galilee said, "In my Father's House there are many mansions. I go to prepare a place for you."

Since we know from whence we came and whither we are going, Lord, help us to know what we should be doing along the way, beginning now.

So, let it be, dear Lord.
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Doctor of the Day

Senator DRUMMOND introduced Dr. Stanley C. Baker of Greenville, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator McGILL, at 11:00 A.M., Senator O'DELL was granted a leave of absence until 4:00 P.M.

Printed Page 1156 . . . . . Wednesday, March 8, 2000

Expression of Personal Interest

Senator ALEXANDER rose for an Expression of Personal Interest.

Statement by Senator ALEXANDER

Today I address this body of the South Carolina State Senate to inform you of the one hundred fiftieth anniversary of the establishment of the City of Walhalla. It was on this day, March 8, 1850, that the founders, the German Colonization Society from Charleston, named the city Walhalla.

The City of Walhalla has enjoyed one hundred fifty years of growth and prosperity. As a native son of Walhalla, I am honored to serve as the State Senator at this time in its history.

Expression of Personal Interest

Senator RICHARDSON rose for an Expression of Personal Interest.

CO-SPONSOR ADDED

S. 1204 (Word version) -- Senator Drummond: A BILL TO AMEND SECTIONS 9-1-10, AS AMENDED, 9-1-470, AS AMENDED, 9-1-1140, AS AMENDED, 9-1-1510, AS AMENDED, 9-1-1515, AS AMENDED, 9-1-1540, 9-1-1550, AS AMENDED, 9-1-1650, AS AMENDED, 9-1-1660, AND 9-1-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, MEMBERSHIP BY EMPLOYERS, PURCHASE OF SERVICE CREDIT, SERVICE RETIREMENT ELIGIBILITY AND EARLY RETIREMENT, DISABILITY RETIREMENT AND DISABILITY RETIREMENT ALLOWANCES, WITHDRAWAL OF CONTRIBUTIONS BY MEMBER AND PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, AND THE MINIMUM BENEFIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS-REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS AND DELETE THE LUMP SUM PURCHASE TO OFFSET A REDUCTION FOR EARLY RETIREMENT AND TO AMEND SECTIONS 9-11-10, AS AMENDED, 9-11-40, AS AMENDED, 9-11-50, AS AMENDED, 9-11-60, AS AMENDED, 9-11-70, AS AMENDED, 9-11-80, AS

Printed Page 1157 . . . . . Wednesday, March 8, 2000
AMENDED, 9-11-130, 9-11-210, AS AMENDED, 9-11-220, AND 9-11-310, RELATING TO DEFINITIONS, MEMBERSHIP OF EMPLOYERS AND EMPLOYEES, CREDITED SERVICE, SERVICE RETIREMENT ELIGIBILITY AND RETIREMENT ALLOWANCES, DISABILITY RETIREMENT, PROVISIONS FOR BENEFICIARIES WHEN A MEMBER DIES IN SERVICE, EMPLOYER AND EMPLOYEE CONTRIBUTIONS, AND THE COST OF LIVING ADJUSTMENT, FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE AND PROVIDE ADDITIONAL DEFINITIONS, CORRECT CROSS REFERENCES, CLARIFY THAT A PREREQUISITE FOR ANY BENEFIT IS AT LEAST FIVE YEARS OF EARNED SERVICE, TO REVISE ELIGIBILITY REQUIREMENTS AND PAYMENT AMOUNTS REQUIRED TO ESTABLISH SERVICE CREDIT FOR SERVICE OUTSIDE OF THE VARIOUS STATE RETIREMENT SYSTEMS, AND CONFORM THE COST OF LIVING DEFINITION UNDER THIS SYSTEM TO THE DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, AND TO REPEAL SECTIONS 9-1-80, 9-1-440, 9-1-500, 9-1-850, 9-1-860, 9-1-1040, 9-1-1150, 9-1-1530, 9-1-1535, 9-1-1700, 9-1-1710, 9-1-1720, 9-1-1730, 9-1-1850, 9-1-1860, 9-11-55, 9-11-325, AND 9-11-330 ALL RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND ALL MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.

On motion of Senator LEVENTIS, with unanimous consent, the name of Senator LEVENTIS was added as a co-sponsor of S. 1204.

RECALLED AND ADOPTED

H. 4368 (Word version) -- Reps. Davenport, Altman and Vaughn: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PLACE SIGNS THAT CONTAIN THE CAPTION "SHERMAN COLLEGE" AND THAT INDICATE THE DIRECTION TO THE COLLEGE ON INTERSTATE 26 AT EXITS 15 AND 16, AND ON INTERSTATE 85 AT EXIT 72.

Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

Printed Page 1158 . . . . . Wednesday, March 8, 2000

Senator LAND asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

On motion of Senator LAND, with unanimous consent, the Concurrent Resolution was adopted and ordered returned to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1224 (Word version) -- Senators Passailaigue, McConnell and Ravenel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223A SO AS TO AUTHORIZE A COUNTY GOVERNING BODY BY ORDINANCE TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS THE RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM AND TO SPECIFY THE APPLICATION OF THIS PROVISION, TO PROVIDE CERTAIN EXCEPTIONS AND AUTHORIZE THE COUNTY GOVERNING BODY TO ALLOW THE ORDINANCE TO APPLY RETROACTIVELY, AND TO REPEAL SECTION 12-37-223.
l:\s-res\elp\003prop.whb.doc

Senator PASSAILAIGUE spoke on the Bill.

Read the first time and, on motion of Senator PASSAILAIGUE, with unanimous consent, ordered placed on the Calendar without reference.

Ordered to a Second and Third Reading

On motion of Senator PASSAILAIGUE, with unanimous consent, S.1224 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1225 (Word version) -- Senators Wilson and Bauer: A BILL TO AMEND SECTION 20-7-6605, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE JUVENILE JUSTICE CODE, SO AS TO REVISE THE DEFINITION OF CHILD TO INCLUDE PERSONS UNDER EIGHTEEN YEARS OF AGE IN THE CASE OF STATUS OFFENSES; TO AMEND SECTION 20-7-7205 RELATING TO PROCEDURES FOR TAKING JUVENILES INTO CUSTODY, SO AS TO APPLY THESE PROCEDURES TO JUVENILES BEING TAKEN INTO CUSTODY

Printed Page 1159 . . . . . Wednesday, March 8, 2000
FOR STATUS OFFENSES; TO AMEND SECTION 20-7-7807 RELATING TO SUSPENSION AND REVOCATION OF A DRIVER'S LICENSE AS PART OF THE FAMILY COURT'S DISPOSITIONAL AUTHORITY IN ADJUDICATING JUVENILES, SO AS TO, IN THE CASE OF STATUS OFFENSES, APPLY THIS AUTHORITY TO JUVENILES UP TO AGE EIGHTEEN RATHER THAN AGE SEVENTEEN; TO AMEND SECTIONS 59-65-10 AND 59-65-30, BOTH AS AMENDED, AND RELATING TO COMPULSORY SCHOOL ATTENDANCE AND AN EXEMPTION FROM COMPULSORY ATTENDANCE, RESPECTIVELY, SO AS TO REQUIRE CHILDREN TO ATTEND SCHOOL UNTIL REACHING THE AGE OF EIGHTEEN RATHER THAN AGE SEVENTEEN.
l:\council\bills\nbd\11690ac00.doc

Read the first time and referred to the Committee on Judiciary.

S. 1226 (Word version) -- Senators Patterson, Giese, Jackson and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 20, 2000, MISSED BY THE STUDENTS OF A. C. FLORA HIGH SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A MALFUNCTION IN THE HEATING SYSTEM, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
l:\council\bills\skb\18233cm00.doc

Read the first time and, on motion of Senator PATTERSON, with unanimous consent, ordered placed on the Calendar without reference.

S. 1227 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MISS KRISTA SHIRLEY OF LEXINGTON COUNTY AND A SENIOR AT LEXINGTON HIGH SCHOOL, WHO HAS RECEIVED THE BRONZE MEDALLION AS A DISTINGUISHED FINALIST FOR THE YEAR 2000 IN THE PRUDENTIAL SPIRIT OF COMMUNITY AWARDS, A NATIONWIDE PROGRAM HONORING YOUNG PEOPLE FOR OUTSTANDING ACTS OF VOLUNTEERISM.
l:\council\bills\pt\1893dw00.doc

Printed Page 1160 . . . . . Wednesday, March 8, 2000

The Concurrent Resolution was adopted, ordered sent to the House.

H. 4734 (Word version) -- Reps. Scott, Howard, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING DEACON FLOYD GORDON, SR., OF RICHLAND COUNTY FOR MORE THAN THIRTY YEARS OF DEDICATED SERVICE AS CHAIRMAN OF THE NEW EBENEZER BAPTIST CHURCH DEACON BOARD AND FOR HIS COMMITMENT TO SERVING HIS NATION, STATE, AND COMMUNITY.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4735 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO COMMEND THE YOUTH OF SOUTH CAROLINA WHO ARE LEADERS AND POSITIVE ROLE MODELS IN THEIR COMMUNITIES AND THE ADULTS WHO ARE WORKING TOGETHER TO HELP THESE YOUNG PEOPLE MOLD AND BUILD THE FUTURE OF OUR STATE, ON THE OCCASION OF THE OBSERVANCE AND CELEBRATION OF SOUTH CAROLINA'S YOUTH LEADERSHIP WEEK 2000, FEBRUARY 28 - MARCH 3.

The Concurrent Resolution was adopted, ordered returned to the House.

Printed Page 1161 . . . . . Wednesday, March 8, 2000

H. 4736 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO DECLARE MARCH 15, 2000, AS "SOUTH CAROLINA HOMEOWNERSHIP DAY".

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

H. 4742 (Word version) -- Reps. Harvin, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE LARRY G. ELLIS, THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION, ON HIS RETIREMENT AFTER THIRTY YEARS OF LOYAL SERVICE TO THE ASSOCIATION AND THE EMPLOYEES OF THIS STATE, TO PUBLICLY RECOGNIZE HIS DEDICATION TO PROMOTING THE WORK OF SOUTH CAROLINA STATE EMPLOYEES BY INCREASING AWARENESS AND IMPROVING THE PUBLIC PERCEPTION OF THE JOBS STATE EMPLOYEES DO, AND TO EXTEND BEST WISHES TO HIM FOR A HEALTHY AND ACTIVE RETIREMENT.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4745 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO JOIN HIS FRIENDS AND FAMILY AT DEDICATION CEREMONIES IN LEE STATE PARK IN CELEBRATING THE

Printed Page 1162 . . . . . Wednesday, March 8, 2000
LIFE OF THE LATE R. W. "BOB" MERCK OF LEE COUNTY AND HIS TWENTY-FIVE YEARS OF SERVICE TO PRESERVING THE NATURAL RESOURCES OF LEE COUNTY IN HIS ROLE AS COMMISSIONER AND CHAIRMAN OF THE LEE COUNTY SOIL AND WATER CONSERVATION DISTRICT.

The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator MOORE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 257 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-870 SO AS TO PROVIDE LIMITATIONS ON THE AMOUNT OF COMPENSATION THAT MAY BE PAID TO POLL WATCHERS AND OTHERS PROVIDING ELECTION DAY ACTIVITIES ON BEHALF OF CANDIDATES OR COMMITTEES, AND TO PROVIDE EXCEPTIONS TO THOSE LIMITATIONS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO RECIPIENTS AND REVIEW OF CERTIFIED CAMPAIGN REPORTS SO AS TO REQUIRE THE STATE ETHICS COMMISSION TO FORWARD A COPY OF ALL CAMPAIGN REPORTS TO THE CLERK OF COURT OF THE COUNTY OF RESIDENCE OF THE PERSON REQUIRED TO FILE WITHIN TWO DAYS OF RECEIPT OF THE REPORT, AND TO PROVIDE THE STATE ETHICS COMMISSION MUST REVIEW ALL STATEMENTS FOR INADVERTENT AND UNINTENTIONAL ERRORS OR OMISSIONS; TO AMEND SECTION 8-13-1366, AS AMENDED, RELATING TO PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS SO AS TO ELIMINATE THE REQUIREMENT THAT CERTIFIED CAMPAIGN REPORTS BE MADE AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 8-13-1372, AS AMENDED, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS SO AS TO PROVIDE THAT THE STATE ETHICS COMMISSION RATHER THAN THE STATE ELECTION COMMISSION MAY DETERMINE THAT ERRORS AND OMISSIONS ON CAMPAIGN REPORTS ARE INADVERTENT AND UNINTENTIONAL, AND THAT THE

Printed Page 1163 . . . . . Wednesday, March 8, 2000
STATE ETHICS COMMISSION MAY ASSESS A TECHNICAL VIOLATIONS PENALTY NOT TO EXCEED FIFTY DOLLARS.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:

S. 682 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:

S. 732 (Word version) -- Senators Leventis, Courson and Grooms: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO REVISE THE CONTENT BY, INTER ALIA, ADDING CERTAIN DISCLOSURE REQUIREMENTS, DEFINITIONS OF AFFECTED SOLICITORS, PENALTIES FOR VIOLATIONS, AND TECHNICAL CHANGES.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

S. 919 (Word version) -- Senators Grooms, Reese, Wilson, Leatherman and Branton: A BILL TO AMEND CHAPTER 3, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE POWERS OF THE GOVERNOR TO MAINTAIN PEACE AND ORDER, SO AS TO PROVIDE THAT IF THE GOVERNOR ORDERS A MANDATORY EVACUATION OF COASTAL COUNTIES, ALL TRAFFIC ON AFFECTED INTERSTATE SYSTEMS SHALL BE ROUTED USING ALL LANES OR

Printed Page 1164 . . . . . Wednesday, March 8, 2000
SEGMENTS OF THE INTERSTATE UNTIL SUCH TIME AS THE GOVERNOR'S EMERGENCY PROCLAMATION IS TERMINATED.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a majority favorable with amendment and Senator FORD a minority unfavorable report on:

S. 923 (Word version) -- Senators Fair and Grooms: A BILL TO AMEND CHAPTER 75, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUITS INVOLVING MISCELLANEOUS ACTS OF WRONGFUL CONDUCT, BY ADDING ARTICLE 3 SO AS TO ENACT THE SOUTH CAROLINA PROTECTION OF FAMILY INTEGRITY ACT OF 2000 AND REINSTATE CIVIL ACTIONS FOR THE COMMON LAW TORTS OF CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS; TO AMEND SECTION 15-3-530, AS AMENDED, RELATING TO THE THREE-YEAR STATUTE OF LIMITATIONS FOR CERTAIN ACTIONS, SO AS TO INCLUDE ACTIONS FOR CRIMINAL CONVERSATION AND ALIENATION OF AFFECTIONS WITHIN THE THREE-YEAR LIMITATIONS PERIOD; TO AMEND SECTION 15-3-550, AS AMENDED, RELATING TO THE TWO-YEAR STATUTE OF LIMITATIONS FOR CERTAIN ACTIONS, SO AS TO DELETE ALIENATION OF AFFECTIONS FROM THE TWO-YEAR LIMITATIONS PERIOD; TO AMEND SECTION 15-37-50, AS AMENDED, RELATING TO LIMITATIONS ON COSTS WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO INCLUDE AN ACTION FOR CRIMINAL CONVERSATION WITHIN THE PROVISIONS OF SECTION 15-37-50; TO AMEND CHAPTER 75, TITLE 15, BY DESIGNATING SECTIONS 15-75-10 THROUGH 15-75-60, RELATING TO WRONGFUL CONDUCT, AS ARTICLE 1, CHAPTER 75, TITLE 15, ENTITLED "MISCELLANEOUS ACTS OF WRONGFUL CONDUCT"; AND TO REPEAL SECTION 15-3-150 OF THE 1976 CODE RELATING TO THE PROHIBITION OF CIVIL ACTIONS FOR CRIMINAL CONVERSATION.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable report on:

Printed Page 1165 . . . . . Wednesday, March 8, 2000

S. 935 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 56, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOLICITATION OF CHARITABLE FUNDS ACT, BY ADDING SECTION 33-56-45 SO AS TO PROVIDE FOR REGISTRATION OF RURAL FIRE DEPARTMENTS UPON THE SINGLE REGISTRATION AND PAYMENT OF A SINGLE FEE BY THE LOCAL GOVERNING BODY HAVING JURISDICTION OVER MULTIPLE RURAL FIRE DEPARTMENTS.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

S. 938 (Word version) -- Senators Reese, Elliott and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-220 SO AS TO REQUIRE LOCAL LAW ENFORCEMENT AGENCIES TO ASSIST THE STATE HIGHWAY PATROL IN MONITORING AND DIRECTING TRAFFIC ON INTERSTATE HIGHWAYS THAT PASS THROUGH THEIR RESPECTIVE JURISDICTIONS WHERE A STATE OF EMERGENCY HAS BEEN DECLARED BY THE GOVERNOR.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Judiciary submitted a favorable report on:

S. 1145 (Word version) -- Senator Holland: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF TRAINING AND CONTINUING EDUCATION, SO AS TO PROVIDE THAT A CLASS ONE LAW ENFORCEMENT OFFICER MUST COMPLETE CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN THE AREA OF DOMESTIC VIOLENCE, TO PROVIDE THAT THE TRAINING BE PROVIDED FOR OR APPROVED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO PROVIDE THE CURRICULUM FOR THE TRAINING.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3056 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 22-2-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Printed Page 1166 . . . . . Wednesday, March 8, 2000
RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATE'S COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY THREE YEARS RATHER THAN ONCE EVERY THREE MONTHS.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 1216 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION SALUTING MS. LESLEY FONDREN OF NORTH MYRTLE BEACH ON BEING NAMED ONE OF SOUTH CAROLINA'S TOP STUDENT VOLUNTEERS IN THE FIFTH ANNUAL "PRUDENTIAL SPIRIT OF COMMUNITY AWARDS" PROGRAM.

Returned with concurrence.

Received as information.

S. 1223 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION CONGRATULATING MS. BOBBIE SONEFELD OF HOPKINS, RICHLAND COUNTY, ON WINNING ONE MILLION DOLLARS FOR HER CREAM CHEESE BROWNIE PIE IN THE FIFTIETH ANNIVERSARY PILLSBURY BAKE-OFF CONTEST.

Returned with concurrence.

Received as information.

Message from the House

Columbia, S.C., March 8, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3430 (Word version) -- Reps. Rodgers, Knotts, Clyburn, Gourdine, McGee, McKay, Woodrum, Lloyd, Ott, Townsend and Gilham: A BILL TO AMEND SECTION 56-5-2585, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF DISABLED VETERANS FROM PAYMENT OF MUNICIPAL PARKING METER FEES, SO AS TO INCLUDE PURPLE HEART RECIPIENTS IN THE EXEMPTION.
and has ordered the Bill Enrolled for Ratification.

Printed Page 1167 . . . . . Wednesday, March 8, 2000
Very respectfully,
Speaker of the House

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:

S. 1083 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 59-118-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ACADEMIC INCENTIVE ACT OF 1997, SO AS TO INCLUDE A REGIONAL CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA AS A "QUALIFYING COLLEGE OR UNIVERSITY".

S. 1212 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 56-3-2332, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF THE STANDARD LICENSE PLATE TO A VEHICLE MANUFACTURER FOR VEHICLES USED IN EMPLOYEE BENEFIT PROGRAMS, TESTING, OR PROMOTIONAL PURPOSES, SO AS TO INCREASE THE ANNUAL REGISTRATION FEE FROM SIX HUNDRED NINETY-SEVEN DOLLARS AND FORTY-SIX CENTS TO EIGHT HUNDRED EIGHTY DOLLARS.

Senator J. VERNE SMITH explained the Bill.

SECOND READING BILLS

The following Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:

H. 4483 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE PRINCIPAL INDUCTION PROGRAM, DESIGNATED AS REGULATION DOCUMENT

Printed Page 1168 . . . . . Wednesday, March 8, 2000
NUMBER 2427, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1217 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE LIBRARY, RELATING TO USE OF STATE AID FUNDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2475, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1218 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO TASTING OF ALCOHOLIC BEVERAGES BY STUDENTS UNDER TWENTY-ONE YEARS OF AGE IN CULINARY ARTS COURSE IN AN ACCREDITED COLLEGE OR UNIVERSITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2428, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1219 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2424, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HAYES explained the Joint Resolution.

S. 1220 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2452, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HAYES explained the Joint Resolution.

S. 1221 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE OPERATION OF PUBLIC PUPIL TRANSPORTATION SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2481, PURSUANT TO THE

Printed Page 1169 . . . . . Wednesday, March 8, 2000
PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator HAYES explained the Joint Resolution.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 1160 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS TO INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE JANUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.

The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Corrections and Penology.

The Committee on Corrections and Penology proposed the following amendment (SKB\18232CM00), which was adopted:

Amend the joint resolution, as and if amended, by striking all after the enacting language and inserting:

/ SECTION   1.   (A)   There is created a Local Jail Task Force to identify and study the many problems confronting local jails. These problems include, but are not limited to: ways to reduce the number of pending cases on the criminal court docket and shorten the prosecution process; financial support for construction and expansion of jails, control over the growing costs of housing inmates and providing for their medical care; more and better training and higher salaries for correctional officers; and alternatives to incarceration for lesser crimes and other means to alleviate the overcrowding dilemma. Alternatives

Printed Page 1170 . . . . . Wednesday, March 8, 2000
to incarceration may include expansion of the drug courts, better use of electronic monitoring, home detention, and other tools or programs.

(B)   The Local Jail Task Force is composed of the following eighteen members:

(1)   one member of the Senate appointed by the President Pro Tempore of the Senate;

(2)   one member of the House of Representatives appointed by the Speaker of the House;

(3)   a representative from the Governor's Office;

(4)   a representative from the Attorney General's Office;

(5)   a representative from the South Carolina Department of Corrections;

(6)   a representative from the South Carolina Department of Probation, Parole and Pardon Services;

(7)   a representative from South Carolina Court Administration;

(8)   a representative from the South Carolina Association of Counties;

(9)   a representative from the South Carolina Jail Administrators' Association;

(10)   a county magistrate appointed by the Chief Justice of the Supreme Court;

(11)   a family court judge appointed by the Chief Justice of the Supreme Court;

(12)   a circuit court judge appointed by the Chief Justice of the Supreme Court;

(13)   a county clerk of court;

(14)   a circuit solicitor appointed by the Prosecution Coordination Commission;

(15)   a public defender;

(16)   a county chief administrative officer;

(17)   a county council member; and

(18)   a sheriff who runs a jail.

The Governor must appoint all members of the Local Jail Task Force except the members identified in subitems (1), (2), (10), (11), (12), and (14).

The Local Jail Task Force shall elect one of its members as chairman and other necessary officers. It shall meet as often as necessary for the discharge of its business before making its report to the Governor and General Assembly.

Printed Page 1171 . . . . . Wednesday, March 8, 2000

(C)   The Local Jail Task Force shall submit a report with recommendations to the Governor and General Assembly before February 1, 2001, at which time the task force is abolished.

SECTION   2.   This joint resolution takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Joint Resolution was read the second time and ordered placed on the third reading Calendar.

ADOPTED

H. 3992 (Word version) -- Reps. Hamilton, Cato, Easterday, Leach, Loftis, McMahand, Rice, Tripp, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 253 FROM ITS INTERSECTION WITH REID SCHOOL ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 290 IN GREENVILLE COUNTY IN HONOR OF REVEREND JAMES H. THOMPSON, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.

The Concurrent Resolution was adopted, ordered returned to the House.

CARRIED OVER

S. 1111 (Word version) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR

Printed Page 1172 . . . . . Wednesday, March 8, 2000
REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO ADD SECTION 59-5-105 SO AS TO PROVIDE THAT THE STATE BOARD SHALL TAKE ACTIONS ESTABLISHING COMPETITIVE GRANTS FOR DISTRICTS TO DEVELOP PROGRAMS FOR STUDENTS BELOW GRADE LEVEL IN THE
Printed Page 1173 . . . . . Wednesday, March 8, 2000
MIDDLE GRADES, AND ESTABLISHING CRITERIA FOR GRANTS FOR MIDDLE GRADE TEACHER NETWORKS TO ENABLE TEAMS OF INTERESTED TEACHERS TO INVESTIGATE AND IMPLEMENT EFFECTIVE TEACHING STRATEGIES; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO PROVIDE FOR THE AWARDING OF COMPETITIVE GRANTS TO SCHOOL DISTRICTS BY THE INSTITUTE DESIGNED TO IMPROVE READING IN THE MIDDLE GRADES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE BEGINNING JULY 1, 2000, FOR THE MANNER IN WHICH LOANS MAY BE FORGIVEN FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND
Printed Page 1174 . . . . . Wednesday, March 8, 2000
FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AND AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES.

On motion of Senator HAYES, with unanimous consent, the Bill was carried over.

AMENDED, CARRIED OVER

S. 613 (Word version) -- Senators Passailaigue, Drummond, Giese, Ravenel, Mescher, Ford, Grooms and Washington: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS TO MAINTAIN MAXIMUM FLEXIBILITY IN MANAGEMENT AND OPERATIONS; TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL CONSTITUTE THE MEDICAL UNIVERSITY

Printed Page 1175 . . . . . Wednesday, March 8, 2000
HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS IN ORDER TO PROVIDE A HIGH LEVEL OF MANAGEMENT AND OPERATIONAL FLEXIBILITY TO THE AUTHORITY AND REMOVE THE HOSPITALS AND CLINICS FROM CENTRAL STATE PROGRAM REGULATION OF PROCUREMENT, REAL PROPERTY, AND HUMAN RESOURCES, TO SET FORTH THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AND CLINIC EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by Senators DRUMMOND and PASSAILAIGUE on February 3, 2000.

Senators DRUMMOND and PASSAILAIGUE proposed the following amendment (613R003.JWD), which was withdrawn:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Section 59-123-60 of the 1976 Code, as amended by Part II, Section 78 of Act 100 of 1999 and by Act 116 of 1999, is further amended to read:

"Section 59-123-60.   (A)   The board of trustees shall elect one of its number to be chairman and is authorized to elect a university president, one or more vice-presidents, and a secretary, prescribe their duties and terms of office, and fix their compensation. It shall elect teachers of professorial rank in the various colleges which make up The the Medical University of South Carolina and other officers and employees

Printed Page 1176 . . . . . Wednesday, March 8, 2000
as may be necessary for the proper conduct of the university and fix their compensation, the fees and charges of students, and the rules for the government of the university. The board of trustees also has the following powers:

(1)   to make bylaws and regulations considered expedient for the management of its affairs and its own operations not inconsistent with the Constitution and laws of this State or of the United States;

(2)   to confer the appropriate degrees in medicine, dental medicine, pharmacy, nursing, health-related professions, and graduate studies in related health fields upon students and other persons as in the opinion of the board of trustees may be qualified to receive them.; and

(3)   to make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes; and to sell and dispose of personal property and any buildings that are considered by it as surplus property or no longer needed and any buildings that it may need to do away with for the purpose of making room for other construction. These powers must be exercised in a manner consistent with the provisions of Chapter 35 of Title 11.

(B)   All revenues of the Medical University of South Carolina, the Medical University Hospital, and any funds transferred to the Medical University for from a practice plan for faculty established in the College of Medicine, and any for-profit corporation established by the practice plan are considered public funds and must therefore be expended for a public purpose as that purpose is defined in the applicable state law and regulations. For purposes of this subsection, and in addition to all other applicable laws and regulations, public purposes also do not include expenditures for purchasing gifts, making political or other contributions, and reimbursing officers' and employees' travel and subsistence expenses in excess of those authorized by law for state employees away from their job site on official business.

(C)   The provisions of the Freedom of Information Act apply to any practice plan entity established for the faculty whether or not for profit, the Medical University Hospital Authority, except that access is not allowed under this section to patient records or insurance information with respect to patients.

(D)   No member Members of the Medical University Board, officers in the administration of the university, including deans of the various colleges, or a current or former president of the Medical University may own any interest in businesses or property acquired by the Medical University or any of its affiliates or subsidiaries nor may the

Printed Page 1177 . . . . . Wednesday, March 8, 2000
aforementioned officers have a financial interest in a business contracting or subcontracting with the Medical University or any of its subsidiaries or affiliates while serving as members of the Hospital Authority and the officers and employees of the Hospital Authority, shall be subject to applicable state ethics and accountability provisions of law.

(E)   As shall be provided in an implementing resolution by the Board of Trustees of the Medical University of South Carolina, the Board of Trustees of the Medical University of South Carolina is becomes the governing body of the Medical University Hospitals and Clinics hospitals, clinics, and other health care and related facilities as shall be determined from time to time by resolution of the board (hereinafter 'hospital'). Whenever the board functions in its capacity as the governing authority body of the hospital, the board of trustees is constituted and designated as the Medical University Hospital Authority, an agency of the State of South Carolina (hereinafter called authority). The board, as the governing body of the authority, has the powers granted the Board of Trustees of the Medical University of South Carolina under this chapter and the following powers:

(1)   make and amend bylaws for its governance consistent with the purposes of this chapter;

(2)   make bylaws for the management, regulation, and operation of the hospital;

(3)(a)   make contracts and have, hold, purchase, and lease real estate and personal property for corporate purposes; and sell and dispose of personal property and any buildings that are considered by it as surplus property or no longer needed and any buildings that it may need to do away with for the purpose of making room for other construction. These contracts are exempt from the South Carolina Consolidated Procurement Code and Regulations, but the authority must adopt a procurement policy requiring competitive bidding for construction contracts, which must be filed with and approved by the State Budget and Control Board;

(b)   sell, convey, mortgage, lease, exchange, and otherwise dispose of any real property subject to the authority and approval of the Budget and Control Board. These activities under this subitem are exempt from the South Carolina Consolidated Procurement Code and regulations and general laws governing disposal of surplus government property;

(c)   make contracts and guarantees, to incur liabilities, to issue its notes, bonds, and other obligations, and secure any of its obligations

Printed Page 1178 . . . . . Wednesday, March 8, 2000
by mortgage or pledge of any of its property, or income in a manner to be in the best interest of the authority; any guarantee or indebtedness of the authority shall not create an obligation of the State, nor shall such guarantee or indebtedness be considered a debt against the general revenue of the State;

(d)   for the purpose of effectuating the provisions of subitem (c) above, utilize all provisions of the Hospital Revenue Bond Act. The issuance by the authority of any bonds, notes, or other obligations or indebtedness, except as provided in subitem (d), shall be subject to the approval thereof by resolution of the State Budget and Control Board. Except for such approving resolution, the requirements of Section 44-7-1590 of the Hospital Revenue Bond Act shall be applicable to obligations issued by the Authority; provided that none of the requirements of Section 44-7-1590 shall be applicable to obligations of the authority which:

(i)     have a maturity not exceeding six months from their date of issuance; and

(ii)   do not exceed, in the aggregate, ten percent of the net patient service revenue for the fiscal year of the authority preceding the fiscal year in which such obligations are issued;

(4)   receive contributions, donations, and payments and invest and disburse its funds; provided, however, that these funds are funds which must be used for public purposes, and further, that the authority may not use or authorize the use of funds, property, or time to influence the outcome of an election;

(5)   construct, operate, and maintain the hospital and related premises, buildings and facilities, and infrastructure;

(6)   appoint such officers, employees, personnel, and agents of the hospital authority and define such duties and fix their compensation in such manner as is necessary to carry out the hospital's authority's activities and affairs; the leave, holiday, and vacation policies of the authority's personnel and employees are exempt from Budget and Control Board personnel policies and applicable laws; as they specifically relate to those policies; all personnel employed at by the hospital authority are exempt from the provisions of Article 5, Chapter 17 of Title 8, the State Employee Grievance Procedure, but the board shall adopt a grievance procedure substantially similar to the provisions of that article to govern personnel and employees of the hospital authority, and this procedure must be filed with and approved by the State Budget and Control Board. All employees of the hospital authority must be furnished a copy of this grievance procedure; all

Printed Page 1179 . . . . . Wednesday, March 8, 2000
personnel employed at by the hospital authority are employees-at-will and are state employees for purposes of eligibility for participation in the South Carolina Retirement System, the State Health Insurance Group plans, and pursuant to the South Carolina Tort Claims Act;

(7)   make pension payments to the South Carolina Retirement Systems on behalf of personnel or employees employed at by the hospital authority who qualify in the same manner as other state employees in the executive branch of government;

(8)   pay contributions to the Office of Insurance Services for health and dental plans on behalf of personnel employed at by the hospital authority who qualify in the same manner as other state employees in the executive branch of government;

(9)   receive, expend, and control under its own name and account any appropriated funds, federal funds, donations, and grants made available to the hospital authority; provided, however, that these funds are funds which must be used for a public purpose, and further that the authority may not use or authorize the use of funds, property, or time to influence the outcome of an election;

(10)   conduct an annual fiscal audit by certified public accountants selected by the authority who shall review the accounts of the hospital authority and report such findings of the audit to the Governor and the General Assembly in accordance with generally accepted auditing standards;

(11)   prepare and submit an annual budget to the General Assembly and the Budget and Control Board for review;

(12)   establish management controls and staffing of personnel as the authority deems most appropriate for the prudent conduct of the activities and affairs of the hospital; provided, that they establish an internal audit function that would report directly to the authority;

(13)   establish such not-for-profit corporations as the authority board considers necessary to assist the authority in carrying out its functions; provided, that any entity created pursuant to this subsection is considered to be an entity of the authority and subject to all laws and regulations applicable to the authority under this section. The formation of for-profit corporations by the authority is strictly prohibited;.

(14)   upon(F)   Upon review of the audit report required in Section 59-123-60(B)(E)(10), the legislature, by joint resolution, or the Governor, by Executive Order, may request audits to be completed by the State Auditors Office or the Legislative Audit Council. Based on the findings reported in the audit required in Section

Printed Page 1180 . . . . . Wednesday, March 8, 2000
59-123-60(B)(E)(10) by the State Auditors Office or by the Legislative Audit Council, the legislature, by joint resolution, may require intervention by the Budget and Control Board for the purposes of rectifying any material findings reflected in the audits;.

(15)(G)   a trustee serving on the Board of Trustees of the Medical University Hospitals and Clinics, a A member of the Medical University Board, an officer in the administration of the university, including deans of the various colleges, the President of the Medical University, or any other officer of the authority or any of its affiliates who have been found guilty of malfeasance, misfeasance, incompetence, absenteeism, conflict of interest, misconduct, persistent neglect of duty in office, or incapacity shall be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. But before removing any such person, the Governor shall inform him in writing of the specific charges against him and give him an opportunity on reasonable notice to be heard. The Governor shall appoint a successor to fill the vacancy created by his removal. The successor appointed by the Governor is to serve in that position until a successor is elected and qualified in accordance with Section 59-123-50;.

(16)(H)   the Medical University Hospitals and Clinics The authority shall offer and provide to the Medical University of South Carolina the services necessary for the training and education of health professionals;.

(17)(I)   Beginning in fiscal year 2000-2001 state appropriations to the Medical University of South Carolina for support of the Medical University hospitals and clinics shall be redirected to the Department of Health and Human Services. These funds shall be used as match funds for the Disproportionate Share for Hospitals federal program. Any excess funding may be used for hospital base rate increases. Beginning in fiscal year 2000-2001 and in subsequent years, the Department of Health and Human Services shall pay to the Medical University of South Carolina Hospital Authority an amount equal to the amount appropriated for its disproportionate share to the Department of Health and Human Services. This payment shall be in addition to any other funds that are available to the authority from the Medicaid program inclusive of the disproportionate share for the hospital's federal program. The Medical University Hospitals and Clinics authority shall continue to be operate the hospital as a health provider for the citizens of South Carolina and the clinical site for the education and training programs of the Medical University of South Carolina.

Printed Page 1181 . . . . . Wednesday, March 8, 2000

(J)   The board, as the governing body of the authority, shall adopt a written policy for the hospital for the expenditure of public funds. Public funds may be expended for events which recognize academic and research excellence and noteworthy accomplishments of members of the faculty and staff, students, and distinguished guests of the authority. Sources of the funds for these expenditures include only nonappropriated state funds. The expenditure of funds from these sources pursuant to the written policy of the board for the purpose stated in this section are considered to meet the public purpose test for expenditure of public funds.

(K)   The authority shall be exempt from the provisions of the South Carolina Procurement Code and Regulations, provided, however, the authority must adopt a procurement policy requiring competitive bidding for construction contracts, which policy must be filed with, and approved by, the State Budget and Control Board. Acquisition and construction by the authority of buildings, facilities, and infrastructure shall be exempt from the state permanent improvement plan regulations and procedures.

(L)   The authority and the board of trustees as the governing body of the authority shall succeed to all of the rights, duties, and obligations of the Medical University of South Carolina and the board of trustees, respectively, as owner and operator of the hospital. All property, real, personal, tangible, or intangible (including, without limitation, deposits, investments, and accounts receivable) of the Medical University relating to the hospital shall be and become the property of the authority. The Medical University and its officers are authorized to execute and deliver such instruments of conveyance or agreements as may be determined by the board to be necessary or useful to effect or evidence such transfer."

SECTION   2.   Section 8-11-260 of the 1976 Code, as last amended by Act 452 of 1994, is further amended by adding a new item to be appropriately lettered to read:

"( )   Employees of the Medical University Hospital Authority."

SECTION   3.   Section 8-17-370 of the 1976 Code, as last amended by Act 284 of 1996, is further amended by adding a new item to be appropriately numbered to read:

"( )   Employees of the Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated an employee grievance plan in accordance with its enabling provision."

Printed Page 1182 . . . . . Wednesday, March 8, 2000

SECTION   4.   Section 11-35-710 of the 1976 Code, as last amended by Act 153 of 1997, is further amended by adding a new item to be appropriately lettered to read:

"( )   Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated a procurement process in accordance with its enabling provision."

SECTION   5.   If any term or provision of a section of this act is found to be illegal, unconstitutional, or unenforceable, the remainder of this act is to remain in full force and effect and the illegal, unconstitutional, or unenforceable term or provision is deemed severable from the other provisions of this act.

SECTION   6.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to read:

/TO AMEND SECTION 59-123-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA CONSTITUTING THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS, SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD ACTING AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY AND FOR OTHER MATTERS PERTAINING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND THE AUTHORITY INCLUDING FREEDOM OF INFORMATION ACT PROVISIONS AND THE EXPENDITURE, RECEIPT, AND TRANSFER OF CERTAIN FUNDS AND STATE APPROPRIATIONS; AND TO PROVIDE THAT THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY SHALL BE THE SUCCESSOR TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA HOSPITAL; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE

Printed Page 1183 . . . . . Wednesday, March 8, 2000
EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AUTHORITY EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY./   /

Renumber sections to conform.

Amend title to conform.

The amendment was withdrawn.

Senator PASSAILAIGUE proposed the following amendment (GJK\20930SD00), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION   1.   Section 59-123-60 of the 1976 Code, as amended by Part II, Section 78 of Act 100 of 1999 and by Act 116 of 1999, is further amended to read:

"Section 59-123-60.   (A)   The board of trustees shall elect one of its number to be chairman and is authorized to elect a university president, one or more vice-presidents, and a secretary, prescribe their duties and terms of office, and fix their compensation. It shall elect teachers of professorial rank in the various colleges which make up The the Medical University of South Carolina and other officers and employees as may be necessary for the proper conduct of the university and fix their compensation, the fees and charges of students, and the rules for the government of the university. The board of trustees also has the following powers:

(1)   to make bylaws and regulations considered expedient for the management of its affairs and its own operations not inconsistent with the Constitution and laws of this State or of the United States;

(2)   to confer the appropriate degrees in medicine, dental medicine, pharmacy, nursing, health-related professions, and graduate studies in related health fields upon students and other persons as in the opinion of the board of trustees may be qualified to receive them.; and

(3)   to make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes; and to sell and dispose of personal property and any buildings that are considered by it as surplus property or no longer needed and any buildings that it may need to do away with for the purpose of making

Printed Page 1184 . . . . . Wednesday, March 8, 2000
room for other construction. These powers must be exercised in a manner consistent with the provisions of Chapter 35 of Title 11.

(B)   All revenues of the Medical University of South Carolina, the Medical University Hospital, and any funds transferred to the Medical University for from a practice plan for faculty established in the College of Medicine, and any for-profit corporation established by the practice plan are considered public funds and must therefore be expended for a public purpose as that purpose is defined in the applicable state law and regulations. For purposes of this subsection, and in addition to all other applicable laws and regulations, public purposes also do not include expenditures for purchasing gifts, making political or other contributions, and reimbursing officers' and employees' travel and subsistence expenses in excess of those authorized by law for state employees away from their job site on official business.

(C)   The provisions of the Freedom of Information Act apply to any practice plan entity established for the faculty whether or not for profit, the Medical University Hospital Authority, except that access is not allowed under this section to patient records or insurance information with respect to patients.

(D)   No member Members of the Medical University Board, officers in the administration of the university, including deans of the various colleges, or a current or former president of the Medical University may own any interest in businesses or property acquired by the Medical University or any of its affiliates or subsidiaries nor may the aforementioned officers have a financial interest in a business contracting or subcontracting with the Medical University or any of its subsidiaries or affiliates while serving as members of the Hospital Authority and the officers and employees of the Hospital Authority, shall be subject to applicable state ethics and accountability provisions of law.

(E)   As shall be provided in an implementing resolution by the Board of Trustees of the Medical University of South Carolina, the Board of Trustees of the Medical University of South Carolina is becomes the governing body of the Medical University Hospitals and Clinics hospitals, clinics, and other health care and related facilities (hereinafter 'hospital') as shall be determined from time to time by resolution of the board (hereinafter 'hospital'). Whenever the board functions in its capacity as the governing authority body of the hospital, the board of trustees is constituted and designated as the Medical University Hospital Authority, an agency of the State of South Carolina

Printed Page 1185 . . . . . Wednesday, March 8, 2000
(hereinafter called authority). The board, as the governing body of the authority, has the powers granted the Board of Trustees of the Medical University of South Carolina under this chapter and the following powers:

(1)   make and amend bylaws for its governance consistent with the purposes of this chapter;

(2)   make bylaws for the management, regulation, and operation of the hospital;

(3)(a)   make contracts and have, hold, purchase, and lease real estate and personal property for corporate purposes; and sell and dispose of personal property and any buildings that are considered by it as surplus property or no longer needed and any buildings that it may need to do away with for the purpose of making room for other construction. These contracts are exempt from the South Carolina Consolidated Procurement Code and Regulations, but the authority must adopt a procurement policy requiring competitive bidding for construction contracts, which must be filed with and approved by the State Budget and Control Board;

(b)   sell, convey, mortgage, lease, exchange, and otherwise dispose of any real property subject to the authority and approval of the Budget and Control Board. These activities under this subitem are exempt from all regulations and general laws governing disposal of surplus government property;

(c)   make contracts and guarantees, to incur liabilities, to issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, or income in a manner to be in the best interest of the authority. Any guarantee or indebtedness of the authority shall not create an obligation of the State, nor shall such guarantee or indebtedness be considered a debt against the general revenue of the State;

(d)   for the purpose of effectuating the provisions of subitem (c) above, utilize all provisions of the Hospital Revenue Bond Act. The issuance by the authority of any bonds, notes, or other obligations or indebtedness, except as provided in this subitem, shall be subject to the approval thereof by resolution of the State Budget and Control Board. Except for such approving resolution, the requirements of Section 44-7-1590 of the Hospital Revenue Bond Act shall be applicable to obligations issued by the authority. The authority may issue revenue anticipation notes and such notes shall have a maturity of not exceeding six months from date of issuance and shall not exceed, in the aggregate,

Printed Page 1186 . . . . . Wednesday, March 8, 2000
ten percent of the net patient service revenue for the fiscal year of the authority preceding the fiscal year in which such obligations are issued;

(4)   receive contributions, donations, and payments and invest and disburse its funds; provided, however, that these funds are funds which must be used for public purposes, and further, that the authority may not use or authorize the use of funds, property, or time to influence the outcome of an election;

(5)   construct, operate, and maintain the hospital and related premises, buildings and facilities, and infrastructure;

(6)   appoint such officers, employees, personnel, and agents of the hospital authority and define such duties and fix their compensation in such manner as is necessary to carry out the hospital's authority's activities and affairs; the leave, holiday, and vacation policies of the authority's personnel and employees are exempt from Budget and Control Board personnel policies and applicable laws as they specifically relate to those policies; all personnel employed at by the hospital authority are exempt from the provisions of Article 5, Chapter 17 of Title 8, the State Employee Grievance Procedure, but the board shall adopt a grievance procedure substantially similar to the provisions of that article to govern personnel and employees of the hospital authority, and this procedure must be filed with and approved by the State Budget and Control Board. All employees of the hospital authority must be furnished a copy of this grievance procedure; all personnel employed at by the hospital authority are employees-at-will and are state employees for purposes of eligibility for participation in the South Carolina Retirement System, the State Health Insurance Group plans, and pursuant to the South Carolina Tort Claims Act;

(7)   make pension payments to the South Carolina Retirement Systems on behalf of personnel or employees employed at by the hospital authority who qualify in the same manner as other state employees in the executive branch of government;

(8)   pay contributions to the Office of Insurance Services for health and dental plans on behalf of personnel employed at by the hospital authority who qualify in the same manner as other state employees in the executive branch of government;

(9)   receive, expend, and control under its own name and account any appropriated funds, federal funds, donations, and grants made available to the hospital authority; provided, however, that these funds are funds which must be used for a public purpose, and further that the authority may not use or authorize the use of funds, property, or time to influence the outcome of an election;

Printed Page 1187 . . . . . Wednesday, March 8, 2000

(10)   conduct an annual fiscal audit by certified public accountants selected by the authority who shall review the accounts of the hospital authority and report such findings of the audit to the Governor and the General Assembly in accordance with generally accepted auditing standards;

(11)   prepare and submit an annual budget to the General Assembly and the Budget and Control Board for review;

(12)   establish management controls and staffing of personnel as the authority deems most appropriate for the prudent conduct of the activities and affairs of the hospital; provided, that they establish an internal audit function that would report directly to the authority;

(13)   establish such not-for-profit corporations as the authority board considers necessary to assist the authority in carrying out its functions; provided, that any entity created pursuant to this subsection is considered to be an entity of the authority and subject to all laws and regulations applicable to the authority under this section. The formation of for-profit corporations by the authority is strictly prohibited;.

(14)   upon(F)   Upon review of the audit report required in Section 59-123-60(B)(E)(10), the legislature, by joint resolution, or the Governor, by Executive Order, may request audits to be completed by the State Auditors Office or the Legislative Audit Council. Based on the findings reported in the audit required in Section 59-123-60(B)(E)(10) by the State Auditors Office or by the Legislative Audit Council, the legislature, by joint resolution, may require intervention by the Budget and Control Board for the purposes of rectifying any material findings reflected in the audits;.

(15)(G)   a trustee serving on the Board of Trustees of the Medical University Hospitals and Clinics, a A member of the Medical University Board, an officer in the administration of the university, including deans of the various colleges, the President of the Medical University, or any other officer of the authority or any of its affiliates who have been found guilty of malfeasance, misfeasance, incompetence, absenteeism, conflict of interest, misconduct, persistent neglect of duty in office, or incapacity shall be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. But before removing any such person, the Governor shall inform him in writing of the specific charges against him and give him an opportunity on reasonable notice to be heard. The Governor shall appoint a successor to fill the vacancy created by his removal. The successor appointed by the Governor is to serve in that

Printed Page 1188 . . . . . Wednesday, March 8, 2000
position until a successor is elected and qualified in accordance with Section 59-123-50;.

(16)(H)   the Medical University Hospitals and Clinics The authority shall offer and provide to the Medical University of South Carolina the services necessary for the training and education of health professionals;

(17)(I)   Beginning in fiscal year 2000-2001 state appropriations to the Medical University of South Carolina for support of the Medical University hospitals and clinics shall be redirected to the Department of Health and Human Services. These funds shall be used as match funds for the disproportionate share for Hospitals the hospital's federal program. Any excess funding may be used for hospital base rate increases. Beginning in fiscal year 2000-2001 and in subsequent years, the Department of Health and Human Services shall pay to the Medical University of South Carolina Hospital Authority an amount equal to the amount appropriated for its disproportionate share to the Department of Health and Human Services. This payment shall be in addition to any other funds that are available to the authority from the Medicaid program inclusive of the disproportionate share for the hospital's federal program. The Medical University Hospitals and Clinics authority shall continue to be operate the hospital as a health provider for the citizens of South Carolina and the clinical site for the education and training programs of the Medical University of South Carolina.

(J)   The board, as the governing body of the authority, shall adopt a written policy for the hospital for the expenditure of public funds. Public funds may be expended for events which recognize academic and research excellence and noteworthy accomplishments of members of the faculty and staff, students, and distinguished guests of the authority. Sources of the funds for these expenditures include only nonappropriated state funds. The expenditure of funds from these sources pursuant to the written policy of the board for the purpose stated in this section are considered to meet the public purpose test for expenditure of public funds.

(K)   The authority and its permanent improvements and the financing thereof shall be exempt from the provisions of Chapter 47 of Title 2, and the leasing of property and the granting of easments and rights of way by the authority shall be exempt from the provisions of Sections 1-11-55, 1-11-56, 1-11-57(1), and 10-1-130.

(L)   The authority and the board of trustees as the governing body of the authority shall succeed to all of the rights, duties, and obligations of the Medical University of South Carolina and the board of trustees,

Printed Page 1189 . . . . . Wednesday, March 8, 2000
respectively, as owner and operator of the hospital. All property, real, personal, tangible, or intangible (including, without limitation, deposits, investments, and accounts receivable) of the Medical University relating to the hospital shall be and become the property of the authority. The Medical University and its officers are authorized to execute and deliver such instruments of conveyance or agreements as may be determined by the board to be necessary or useful to effect or evidence such transfer."

SECTION   2.   Section 8-11-260 of the 1976 Code, as last amended by Act 452 of 1994, is further amended by adding a new item to be appropriately lettered to read:

"( )   Employees of the Medical University Hospital Authority."

SECTION   3.   Section 8-17-370 of the 1976 Code, as last amended by Act 284 of 1996, is further amended by adding a new item to be appropriately numbered to read:

"( )   Employees of the Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated an employee grievance plan in accordance with its enabling provision."

SECTION   4.   Section 11-35-710 of the 1976 Code, as last amended by Act 153 of 1997, is further amended by adding a new item to be appropriately lettered to read:

"( )   Medical University Hospital Authority, provided the Medical University Hospital Authority has promulgated a procurement process in accordance with its enabling provision."

SECTION   5.   If any term or provision of a section of this act is found to be illegal, unconstitutional, or unenforceable, the remainder of this act is to remain in full force and effect and the illegal, unconstitutional, or unenforceable term or provision is deemed severable from the other provisions of this act.

SECTION   6.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to read:

/TO AMEND SECTION 59-123-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA CONSTITUTING THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL

Printed Page 1190 . . . . . Wednesday, March 8, 2000
UNIVERSITY HOSPITALS AND CLINICS, SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD ACTING AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY AND FOR OTHER MATTERS PERTAINING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND THE AUTHORITY INCLUDING FREEDOM OF INFORMATION ACT PROVISIONS AND THE EXPENDITURE, RECEIPT, AND TRANSFER OF CERTAIN FUNDS AND STATE APPROPRIATIONS; AND TO PROVIDE THAT THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY SHALL BE THE SUCCESSOR TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA HOSPITAL; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AUTHORITY EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY./

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

Senator SETZLER proposed the following amendment (sbd/613.05), which was adopted:

Amend the amendment, as and if amended, page 3 by adding the following to the end of part (E)(3)(b):

The proceeds derived from the lease of any real property, net of transaction costs and payment of any debts secured by such property, shall be remitted to the MUSC Board of Trustees to be used exclusively for the support of the Medical University.

Printed Page 1191 . . . . . Wednesday, March 8, 2000

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

Senator SETZLER proposed the following amendment (sbd/613.01), which was adopted:

Amend the bill, as and if amended, by amending amendment number two, page 3 by adding the following to the end of part (E)(3)(b):

The proceeds derived from the disposition of any real property, net of transaction costs and payment of any debts secured by such property, shall be remitted to the MUSC Board of Trustees to be used exclusively for the support of the Medical University.

Renumber sections to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over, as amended.

MOTION ADOPTED

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Robert Howard Fleming of West Columbia, S.C.

ADJOURNMENT

At 12:00 Noon, on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Friday, June 26, 2009 at 9:35 A.M.