Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, lift up your hearts and hear the witness of the Psalmist. Psalm 31:21:
"Blessed be the Lord, for He has wondrously shown His steadfast love to me when I was beset as a city under siege."
Let us pray.
Good Lord! Our Lord! Sometimes we do feel that we are "under siege." Unrelenting pressures keep coming at us from all sides.
As we come through the portals of another week of work, we reverently pause to say our prayers.
We thank You for the gift of life! We thank You for the talents of brain, and heart and strength of body with which to serve our people.
Hear, O Lord, our uttered prayers and also our silent prayers we say at our desks which will not be recorded in the Journal but which are sources of great help each day.
Hear, O Lord, the wailing cries of the refugees in and out of Kosovo and all the benighted climes of our globe.
Everywhere, we pray: "Thy Kingdom Come!"
Amen.
At 12:12 P.M., Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator HOLLAND moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Gregory Grooms
Hayes Holland Hutto Jackson Land Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Ravenel Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, South Carolina Board of Probation, Parole & Pardon Services, with term to commence March 15, 1999, and to expire March 15, 2005:
6th Congressional District:
Sanco K. Rembert, 121 Moultrie Street, Charleston, S.C. 29403 VICE Nell Cook Quarles
Referred to the Committee on Corrections and Penology.
Initial Appointment, South Carolina State Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 2000:
3rd Congressional District:
Dr. Larry A. Jackson, 604 West Cambridge Avenue, Greenwood, S.C. 29649 VICE W. David Maxwell
Referred to the Committee on Education.
Initial Appointment, South Carolina Commission on Archives and History, with term coterminous with Governor:
At-Large:
William R. Bauer, 1706 Crestwood Dr., Columbia, S.C. 29205 VICE Nancy D. Hawk
Referred to the Committee on Education.
Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1998, and to expire July 1, 2002:
5th Congressional District:
Dr. Douglas Aaron Rucker, Post Office Box 906, Lancaster, S.C. 29721 VICE Cambell D. Coxe (resigned)
Referred to the Committee on Fish, Game and Forestry.
Initial Appointment, South Carolina Commission on Women, with term to commence October 18, 1997, and to expire October 18, 2001:
At-Large:
Ms. Susan Romaine, 7 Conquest Avenue, Sullivan's Island, S.C. 29482 VICE Clara Holland Heinsohn
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 1999, and to expire March 21, 2004:
1st Congressional District:
Louise Rodgers Ravenel, 50 Gibbes Street, Charleston, S.C. 29401 VICE Elizabeth L. Forrester
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina State Board of Pharmacy, with term to commence June 30, 1999, and to expire June 30, 2005:
1st Congressional District:
James R. Bradham, R.Ph., 684 Marsh Point Drive, Charleston, S.C. 29412 VICE Louis H. Hutto, Jr.
Referred to the Committee on Medical Affairs.
Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 1999, and to expire June 30, 2003:
6th Congressional District:
Dr. Lawrence. Roland Chewning, 552 Wisteria Drive, Flornece, S.C. 29501 VICE Roger Leak
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina State Board of Pharmacy, with term to commence June 30, 1998, and to expire June 30, 2004:
3rd Congressional District:
Rufus E. Sadler, 205 Calvert Avenue, Clinton, S.C. 29325 VICE Carol V. Bateman
Referred to the Committee on Medical Affairs.
Reappointment, Allendale County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Rufus E. Ferguson, Post Office Box 421, Fairfax, S.C. 29827
Reappointment, Barnwell County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Alfred W. Flynn, Post Office Box 485, Williston, S.C. 29583
Reappointment, Barnwell County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Jimmy Wade Gantt, Jr., 116 Williston Road, Blackville, S.C. 29817
Reappointment, Dillon County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
John R. Davis, Post Office Box 306, Latta, S.C. 29565
Reappointment, Fairfield County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Marion C. Smith, 308 Carlisle Avenue, Winnsboro, S.C. 29180
Reappointment, Kershaw County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Francis E. James, Post Office Box 32, Elgin, S.C. 29045
Reappointment, Kershaw County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
R. Eugene Hartis, 1477 Springhill Road, Camden, S.C. 29020
Reappointment, Kershaw County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Delores D. Leonard, Post Office Box 184, Camden, S.C. 29020
Senator McGILL introduced Dr. Thomas Stoughton of Florence, S.C., Doctor of the Day.
Senator THOMAS rose to a Point of Personal Privilege.
On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
S. 844 (Word version) -- Senators Thomas, Ravenel, Leatherman and Cork: A BILL TO AMEND CHAPTER 36, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAXES, BY ADDING SECTION 12-36-925, SO AS TO PROVIDE FOR A SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF ALCOHOLIC BEVERAGES BY THE DRINK; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO REVISE THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK"; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND SECTION 61-6-1600, RELATING TO NONPROFIT ORGANIZATIONS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-1610, RELATING TO BUSINESS ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO
On motion of Senator ELLIOTT, with unanimous consent, the names of Senators ELLIOTT and HUTTO were added as co-sponsors of the Bill.
S. 845 (Word version) -- Senators Thomas, Ravenel, Leatherman and Cork: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.
On motion of Senator ELLIOTT, with unanimous consent, the names of Senators ELLIOTT and HUTTO were added as co-sponsors of the Bill.
On motion of Senator BRYAN at 11:00 A.M., Senator REESE was granted a leave of absence for today.
S. 509 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION.
The Bill was returned to the Senate with amendments.
Senator DRUMMOND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator DRUMMOND asked unanimous consent to recommit the Bill to the Committee on Finance.
There was no objection.
The Bill was ordered recommitted to the Committee on Finance.
S. 23 (Word version) -- Senators Leventis, Hayes, Ryberg, Giese, Wilson and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE MILITARY SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT BY ADDING SECTION 1-1-560 SO AS TO PROHIBIT AN INDIVIDUAL FROM OBTAINING EMPLOYMENT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE STATE UNLESS THE PERSON HAS COMPLIED WITH THIS ACT; AND BY ADDING SECTION 59-101-375 SO AS TO PROHIBIT AN INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THIS ACT AND TO PROVIDE EXCEPTIONS.
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled and ordered placed on the Calendar.
H. 3419 (Word version) -- Reps. Klauber, Cooper, Lanford, Fleming, Taylor, Limehouse, Altman, Knotts, Hawkins, Loftis, Sandifer, Harrison, Lucas, Robinson, Witherspoon, Hinson, Vaughn, Keegan, Riser, Wilkins and Young-Brickell: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 1999"; TO DEFINE "SHOOTING RANGE" AND "SUBSTANTIAL CHANGE IN USE"; TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES; TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION
Senator HOLLAND asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
Senator HOLLAND asked unanimous consent to commit the Bill to the Committee on Labor, Commerce and Industry.
There was no objection.
The Bill was recalled and ordered committed to the Committee on Labor, Commerce and Industry.
The following were introduced:
S. 854 (Word version) -- Senator J. Verne Smith: A SENATE RESOLUTION TO CONGRATULATE LAUREN SEARCY, A SEVENTH-GRADE STUDENT AT GREER MIDDLE SCHOOL, FOR BEING ONE OF THE TEN WINNERS IN A STATEWIDE ESSAY CONTEST SPONSORED BY THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS.
The Senate Resolution was adopted.
S. 855 (Word version) -- Senator Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME EXIT 82 AT THE INTERSECTION OF CHERRY ROAD AND INTERSTATE I-77 THE "COLEMAN POAG INTERCHANGE" IN HONOR OF THE HONORABLE COLEMAN GROVES POAG, WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF YORK WITH DISTINCTION AS A STATE SENATOR AND AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND WHO HAS SERVED HIS STATE WITH DISTINCTION AS A MEMBER OF THE BOARD OF VISITORS OF CLEMSON UNIVERSITY; AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 856 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
Read the first time and referred to the Committee on Banking and Insurance.
S. 857 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1737 SO AS TO PROVIDE THAT A PERSON ENTITLED TO NOTICE OF AN ADOPTION PROCEEDING WHO DOES NOT RECEIVE ACTUAL NOTICE MAY CONTEST THE ADOPTION WITHIN TWELVE MONTHS OF THE FINAL DECREE; AND TO AMEND SECTION 20-7-1736, RELATING TO USE OF FICTITIOUS NAMES IN ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT SUCH NAMES ONLY MAY BE USED IF GOOD CAUSE IS SHOWN TO CONCEAL IDENTITIES OF PERSONS OR IF THE IDENTITY OF A PERSON IS NOT KNOWN.
Read the first time and referred to the Committee on Judiciary.
S. 858 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 62-5-433 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SETTLEMENT OF CLAIMS OF MINORS AND INCAPACITATED PERSONS SO AS TO PROVIDE THAT "COURT" FOR THE PURPOSE OF APPROVAL OF SETTLEMENTS OF CLAIMS OF MINORS AND INCAPACITATED PERSONS INCLUDES THE CIRCUIT COURT OR THE PROBATE COURT OF THE COUNTY WHERE SUIT IS PENDING.
Read the first time and referred to the Committee on Judiciary.
S. 859 (Word version) -- Senator Wilson: A BILL TO AMEND THE TITLE OF ARTICLE 22, CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO AMEND SECTION 56-3-2150, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO MUNICIPAL AND COUNTY
Read the first time and referred to the Committee on Transportation.
S. 860 (Word version) -- Senators Matthews and Washington: A BILL TO AMEND ACT 463 OF 1998, RELATING TO THE CREATION OF THE COLLETON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERSHIP OF THE BOARD IS DECREASED FROM NINE TO SEVEN AND TO PROVIDE THAT NO PAID EMPLOYEE OF THE BOARD OR THE FORMER SEPARATE BOARDS OF ELECTIONS AND VOTER REGISTRATION IS ELIGIBLE TO SERVE AS A MEMBER OF THE BOARD; AND TO PROVIDE THAT ALL FUNDS HELD BY THE FORMER COLLETON COUNTY BOARD OF VOTER REGISTRATION OR THE FORMER COLLETON COUNTY ELECTION COMMISSION AND DESIGNATED FOR SALARIES MUST BE TRANSFERRED TO THE BOARD AND DIVIDED EQUALLY AMONG ALL OF THE MEMBERS AS SALARIES OR SALARY INCREASES.
Read the first time and ordered placed on the local and uncontested Calendar.
S. 861 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2362, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 862 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEXTBOOK ADOPTION REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2425, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 863 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEFINED PROGRAM GRADES 9-12, RELATING TO DEFINED PROGRAM GRADES 9-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2317, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 864 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING EXPERIENCE FOR TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2400, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
H. 3075 (Word version) -- Reps. Limehouse, Edge, Simrill and Emory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-485 SO AS TO REQUIRE THE SHERIFF TO PROVIDE WRITTEN NOTICE TO ALL RESIDENCES WITHIN FOUR BLOCKS OF A REGISTERED SEX OFFENDER OF THE OFFENDER'S ADDRESS AND CERTAIN OTHER INFORMATION REGARDING THE OFFENDER; AND TO AMEND SECTION 23-3-490, AS AMENDED, RELATING TO A SHERIFF DISSEMINATING SEX OFFENDER REGISTRY INFORMATION WHEN IT IS BELIEVED SUCH DISSEMINATION WILL DETER CRIME, SO AS TO PROVIDE THAT THE FOUR-BLOCK RADIUS NOTIFICATION DOES NOT RESTRICT THE SHERIFF FROM BROADER DISSEMINATION OF INFORMATION WHEN NECESSARY.
Read the first time and referred to the Committee on Judiciary.
H. 3641 (Word version) -- Reps. Harrison, Seithel, Altman, Wilkins and Edge: A BILL TO AMEND CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE IMPOSITION OF A DEVELOPMENT IMPACT FEE BY A COUNTY OR MUNICIPALITY BY ORDINANCE; TO PROVIDE FOR AN ADVISORY COMMITTEE FOR RECOMMENDING, AND
Read the first time and referred to the Committee on Judiciary.
H. 3826 (Word version) -- Rep. Battle: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-505, SO AS TO PROVIDE FOR THE OFFENSE OF SELLING OR HOLDING FOR SALE A PACKAGE OF CIGARETTES THAT VIOLATES FEDERAL LAW IN REGARD TO LABELS, PACKAGING, OR OTHER REQUIREMENTS, TO PROVIDE THAT THE ATTORNEY GENERAL MAY SEIZE AND DESTROY THE ILLEGAL PACKAGE, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REVOKE THE LICENSE TO SELL TOBACCO OF A PERSON WHO SELLS ILLEGAL CIGARETTE PACKAGES, TO PROVIDE THAT SELLING CIGARETTE PACKAGES IN VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Judiciary.
H. 4128 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 7-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HAMPTON COUNTY, SO AS TO CHANGE THE POLLING PLACE IN THE SCOTIA PRECINCT FROM THE SCOTIA COMMUNITY HOUSE TO THE SCOTIA TOWN HALL.
Read the first time and referred to the Committee on Judiciary.
H. 4140 (Word version) -- Reps. T. Brown and Kennedy: A CONCURRENT RESOLUTION TO EXTEND THE HEARTY CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HEMINGWAY MIDGETS BOYS BASKETBALL TEAM FOR WINNING THE 1998-99 STATE
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4141 (Word version) -- Reps. T. Brown, Kennedy and Harvin: A CONCURRENT RESOLUTION TO EXTEND THE ENTHUSIASTIC CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE GREELEYVILLE MITES GIRLS BASKETBALL TEAM FOR WINNING THE 1998-99 STATE CHAMPIONSHIP IN THE STATE RECREATION AND PARKS ASSOCIATION BASKETBALL LEAGUE FOR GIRLS TWELVE AND UNDER AND FOR PARTICIPATING WHOLEHEARTEDLY IN THE JUNIOR STING REGIONAL TOURNAMENT PUT ON BY THE CHARLOTTE STING WOMEN'S PROFESSIONAL BASKETBALL ORGANIZATION.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:
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 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
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 818 favorable:
S. 818 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 4TH, AND FRIDAY, NOVEMBER 5TH, 1999, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 3RD, 1999, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
AYES
Courson Wilson Matthews Patterson Russell O'Dell
Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out S. 831 favorable:
S. 831 (Word version) -- Senators Wilson, Bryan, Giese and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, JUNE 2, 1999, IMMEDIATELY FOLLOWING THE ELECTION OF JUDGES AS THE TIME TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY REPRESENTING THE THIRD CONGRESSIONAL DISTRICT, SEAT SIX.
AYES
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Columbia, S.C., May 20, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 379 (Word version) -- Senators Bryan, Setzler, Giese, Drummond, Martin, McGill, J. Verne Smith, Ravenel, Anderson, O'Dell, Passailaigue, Moore, Branton, Courtney, Wilson, Hutto, Fair, Hayes, Washington, Alexander, Leventis, Saleeby, Land, Reese, Short, Patterson, Holland, McConnell, Russell, Rankin, Mescher, Thomas, Grooms, Ryberg, Ford, Gregory, Waldrep, Jackson, Matthews, Courson, Glover, Cork, Elliott, Peeler and Leatherman: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" WHICH AUTHORIZES THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT; AND TO AMEND SECTION 2-7-105, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO INCREASE THE AMOUNT OF BONDS WHICH MAY BE ISSUED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 20, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.
asks for a Committee of Conference, and has appointed Reps. Harrison, Haskins and Delleney of the committee on the part of the House.
Very respectfully,
Speaker of the House
H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Emory, McCraw, Edge, Robinson and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED
Whereupon, the PRESIDENT Pro Tempore appointed Senators MOORE, PASSAILAIGUE and HAYES of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., May 25, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 398 (Word version) -- Senator Setzler: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.
asks for a Committee of Conference, and has appointed Reps. Bailey, Woodrum and Barfield of the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of an Act and enrolled for Ratification:
H. 3865 (Word version) -- Reps. Cato, Mason, Cobb-Hunter, Knotts, Scott, Trotter, Cooper, Allison, Breeland, G. Brown, H. Brown, J. Brown, Davenport,
H. 3789 (Word version) -- Reps. Battle, Bailey, Bales, Barfield, Gourdine, Harris, Harrison, Harvin, Hayes, Keegan, Kelley, Kennedy, Limehouse, Lloyd, Lourie, McGee, M. McLeod, Miller, Phillips, Riser, Sandifer, F. Smith and Witherspoon: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 47 SO AS TO ENACT THE "TOBACCO ESCROW FUND ACT" PROVIDING FOR THE ESTABLISHMENT OF A RESERVE FUND TO GUARANTEE AN EVENTUAL SOURCE OF RECOVERY FROM TOBACCO PRODUCT MANUFACTURERS WHO ARE NOT A PARTY TO THE MASTER SETTLEMENT AGREEMENT BETWEEN THIS STATE AND OTHER TOBACCO PRODUCT MANUFACTURERS, TO REQUIRE NONPARTICIPATING TOBACCO PRODUCT MANUFACTURERS TO PLACE FUNDS INTO AN ESCROW ACCOUNT, BASED ON THE NUMBER OF TOBACCO PRODUCT UNITS SOLD, FOR WITHDRAWAL TO PAY A FUTURE JUDGMENT OR SETTLEMENT, TO PROVIDE FOR ANNUAL CERTIFICATION OF COMPLIANCE, AND TO ESTABLISH ENFORCEMENT PROCEDURES AND CIVIL PENALTIES, INCLUDING PAYMENT OF ATTORNEY'S FEES AND COSTS, FINES, AND AN INJUNCTION OF CIGARETTE SALES IN THE STATE.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3798 (Word version) -- Reps. Bailey, Barfield, Allen, Allison, Altman, Askins, Bales, Battle, Beck, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Clyburn, Cobb-Hunter, Cotty, Dantzler, Davenport, Delleney, Edge, Emory, Gamble, Gourdine, Gilham, Hamilton, Harris, Harrell, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, J. Smith, F. Smith, R. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkins, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND SECTION 40-11-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL STATEMENT REQUIREMENTS FOR GENERAL AND MECHANICAL CONTRACTORS' LICENSURE, SO AS TO PROVIDE THAT ON RENEWAL A GENERAL CONTRACTOR BIDDING AND PERFORMING ON JOBS NOT EXCEEDING A SPECIFIED AMOUNT MAY SUBMIT AN OWNER-PREPARED FINANCIAL STATEMENT WITH AN AFFIDAVIT OF ACCURACY INDICATING A CERTAIN REQUIRED NET WORTH, RATHER THAN REQUIRING A CERTIFIED PUBLIC ACCOUNTANT TO PREPARE THE FINANCIAL STATEMENT.
H. 4000 (Word version) -- Reps. Hamilton, Wilkins, Townsend, Altman, Bales, Battle, Barrett, Beck, G. Brown, H. Brown, Canty, Carnell, Clyburn, Cooper, Cotty, Dantzler, Davenport, Easterday, Emory, Gilham, Gourdine, Harrell, Hayes, J. Hines, M. Hines, Hinson, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Maddox, Martin, Mason, McCraw, McGee, Miller, Parks, Phillips, Rodgers, Sandifer, D. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Vaughn, Young-Brickell and Simrill: A BILL TO DIRECT THE STATE BOARD OF EDUCATION THROUGH THE DEPARTMENT OF EDUCATION TO ESTABLISH A TASK FORCE TO MAKE RECOMMENDATIONS FOR PURSUING STATEWIDE WAIVERS FOR THE SIX FEDERAL EDUCATION PROGRAMS AND ESTABLISHING A STATE EDUCATION FLEXIBLITY PROGRAM AND REPORT NO LATER THAN
H. 3329 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 29-5-10 AND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF ACTIONS TO ENFORCE MECHANICS' LIENS AND THE AWARD OF ATTORNEY'S FEES TO THE PREVAILING PARTY, SO AS TO FURTHER DEFINE THE TERM "PREVAILING PARTY" AND TO PROVIDE THAT THE VALUE OF A DEFENDANT'S COUNTERCLAIM IS CONSIDERED A NEGATIVE OFFER OF SETTLEMENT IF THE DEFENDANT DOES NOT MAKE A WRITTEN OFFER OF SETTLEMENT.
Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator HUTTO proposed the following amendment (KGH\ 15740SOM99), which was adopted:
Amend the bill, as and if amended, Section 29-5-10(b), page 1, line 35, SECTION 1, by inserting after /lien./:
/ If the action is not reached for trial, then not less than fifteen days before the next term of court and subsequent terms of court at which the trial is set, either party may file and serve on the other party an offer of settlement or an amendment of a prior offer of settlement and, within ten days after that, the party served may respond by filing and serving his offer or amended offer of settlement. /
Amend further on line 35 after /offer/ by inserting /or amended offer/.
Amend the bill further, as and if amended, SECTION 2, Section 29-5-20(C), page 2, line 30, by inserting after /lien./:
/ If the action is not reached for trial, then not less than fifteen days before the next term of court and subsequent terms of court at which the trial is set, either party may file and serve on the other party an offer of settlement or an amendment of a prior offer of settlement and, within
Amend further on line 35 after /offer/ by inserting /or amended offer/.
Amend further on line 39 by striking /dermination/ and inserting /determination/.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 849 (Word version) -- Senator Rankin: A BILL TO PROVIDE THAT STUDENTS IN ANY SCHOOL WITHIN THE HORRY COUNTY SCHOOL SYSTEM WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT WITHIN THE HORRY COUNTY SCHOOL SYSTEM IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM.
(By prior motion of Senator RANKIN)
S. 238 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 50-11-355, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING DEER NEAR A RESIDENCE, SO AS TO ALSO PROHIBIT HUNTING WITHIN THREE HUNDRED YARDS OF A SCHOOL.
S. 810 (Word version) -- Senator Washington: A BILL TO AMEND SECTION 7-7-330, CODE OF LAWS OF SOUTH CAROLINA, 1976,
H. 3522 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO AUTHORIZE THE BOARD TO PURCHASE, SELL, OR LEASE REAL AND PERSONAL PROPERTY FOR ITS AUTHORIZED PURPOSES UNDER CERTAIN CONDITIONS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator PASSAILAIGUE proposed the following amendment (3522R002.ELP),which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety, including the title, and inserting in lieu thereof:
/ 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
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that the:
(1) Medical University Hospitals and Clinics are required to provide critical medical and hospital care while at the same time serving the role of teaching hospitals and clinics supporting the training of medical professionals;
(2) Medical University Hospitals and Clinics operate in a highly competitive health care environment and of necessity must have maximum flexibility in their management and operations to realize greater efficiencies, enhance revenues, and reduce expenditures in order for the hospitals and clinics to continue to succeed in their critical and comprehensive public mission;
(3) Board of Trustees of the Medical University of South Carolina should have greater management and operational autonomy to achieve these goals.
SECTION 2. Section 59-123-60 of the 1976 Code is 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 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.
(B) The Board of Trustees of the Medical University of South Carolina is the governing body of the Medical University Hospitals and Clinics (hereinafter 'hospital'). Whenever the board functions in its capacity as the governing authority of the hospital, the board of trustees is constituted and designated as the Medical University Hospital Authority. The board, as the authority, has the full power and authority to manage the business, operations, and affairs of the hospital and to take any action the board may consider advisable, necessary, or convenient in carrying out its duties. These powers specifically include, but are not limited to, the authority to:
(1) have perpetual succession as a corporation;
(2) sue and be sued;
(3) adopt, use, and alter a corporate seal;
(4) make and amend bylaws for its governance consistent with the purposes of this chapter;
(5) make bylaws for the management, regulation, and operation of the hospital;
(6) 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 hospital; any guarantee or indebtedness of the hospital or of the Medical University Hospital Authority shall not
(7) purchase, receive, lease, or otherwise acquire and own, hold, improve any legal or equitable interest in property wherever located; these activities are exempt from the authority and approval of the Budget and Control Board; provided, the Budget and Control Board is notified of all transactions that have been entered involving real property on a quarterly basis;
(8) sell, convey, lease, exchange, and otherwise dispose of all, substantially all, or a major part of its property subject to the authority and approval of the Budget and Control Board. These activities are exempt from the South Carolina Consolidated Procurement Code and regulations, and general laws governing disposal of surplus government property.
(9) receive contributions, donations, and payments and invest and disburse its funds;
(10) construct, operate, and maintain the hospital and related premises, buildings and facilitie
s, and infrastructure;
(11) make contracts and execute all instruments considered by the authority to be advisable, necessary or convenient for the carrying out of its activities and affairs; these contracts are exempt from the South Carolina Procurement Code and regulations; provided, however, the authority must adopt a procurement process which will govern procurements by the authority and a copy of the procurement process must be filed with the Budget and Control Board for its review and approval;
(12) delegate its power and authority related to the management and operations of the hospital to any agent, public or private, and to establish any committee in order to accomplish the purposes of the hospital;
(13) appoint such officers, employees, personnel, and agents of the hospital and define such duties, and fix their compensation in such manner as necessary and convenient to carry out the hospital's activities and affairs; the appointments, duties, and compensation of personnel and employees are exempt from Budget and Control Board personnel administration and the State Employee Grievance Act; provided, however, the authority shall adopt a grievance procedure to govern personnel and employees of the hospital and this grievance procedure must be filed with the Budget and Control Board; all
(14) make pension payments to the South Carolina Retirement Systems on behalf of personnel or employees employed at the hospital who qualify in the same manner as other state employees in the executive branch of government;
(15) pay contributions to the Office of Insurance Services for health and dental plans on behalf of personnel employed at the hospital who qualify in the same manner as other state employees in the executive branch of government;
(16) transact and conduct any lawful activity that will assist the authority in carrying out its responsibilities related to the hospital;
(17) receive, expend, and control under its own name and account any appropriated funds, federal funds, donations, and grants made available to the hospital;
(18) conduct an annual fiscal audit by certified public accountants selected by the authority, who shall review the accounts of the hospital and report such findings of the audit to the Governor and the General Assembly in accordance with generally accepted accounting principles;
(19) prepare and submit an annual budget to the Budget and Control Board for review;
(20) 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;
(21) establish such not-for-profit corporations as the authority considers necessary, advisable, or convenient to assist the authority in carrying out its functions;
(22) upon review of the audit report required in 59-123-60 (B) (18), the Legislature by Joint Resolution or the Governor by Executive Order may request audits to be completed by the State Auditors Office and/or the Legislative Audit Council. Based on the findings reported in the audit required in 59-123-60 (B) (18), 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;
(23) a trustee serving on the Board of Trustees of the Medical University Hospitals and Clinics, who has been found guilty of malfeasance, misfeasance, incompetence, absenteeism, conflict of
(24) the Medical University Hospitals and Clinics shall offer and provide to the Medical University of South Carolina the services necessary for the training and education of health professionals so long as the services are requested and required by the University;
(25) 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. The Department of Health and Human Services shall transfer and amount equal to the 1999-2000 appropriation for the Medical University Hospitals and Clinics in addition to any other funds that are available to the Medical University Hospitals and Clinics through the State Medicaid Program inclusive of the Disproportionate Share program. The Medical University Hospital and Clinics shall continue to be 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."
SECTION 3. 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 Hospitals and Clinics."
SECTION 4. 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 which shall read:
"(__) Employees of the Medical University Hospitals and Clinics, provided the Medical University Hospital Authority has promulgated an employee grievance plan in accordance with its enabling provision."
SECTION 5. 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 Hospitals and Clinics, provided the Medical University Hospital Authority has promulgated a procurement process in accordance with its enabling provision."
SECTION 6. If any term or provision of a section of this act is found to be illegal or unenforceable, the remainder of this act is to remain in full force and effect and the illegal or unenforceable term or provision is deemed severable from the other provisions of this act.
SECTION 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
S. 293 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; AND TO AMEND SECTIONS 36-1-105, AS AMENDED, 36-1-201(37), AS AMENDED, AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD0293.003), which was adopted:
Amend the bill, as and if amended, page 5, line 21, in the official comment, as contained in SECTION 1, by striking line 21 in its entirety and inserting therein the following:
/ provided in Section 2A-104(1)(c) and (2). Further, certain /
Amend the bill further, as and if amended, page 23, beginning on line 10, in Section 36-2A-104(1)(a), as contained in SECTION 1, by striking item (a) in its entirety and inserting therein the following:
/ (a) certificate of title statute of this State; /
Amend the bill further, as and if amended, page 57, beginning on line 1, in Section 36-2A-214, as contained in SECTION 1, by striking Section 36-2A-214 in its entirety and inserting therein the following:
/ Section 36-2A-214. EXCLUSION OR MODIFICATION OF WARRANTIES.
(1) If the agreement creates an express warranty, words disclaiming it are inoperative.
(2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it, the language must mention 'merchantability', be in writing, and be conspicuous. Subject to subsection (3), to exclude or modify any implied warranty of fitness, the exclusion must be in writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous, and states, for example, 'There is no warranty that the goods will be fit for a particular purpose'.
(3) Notwithstanding subsection (2), but subject to subsection (4),
(a) unless the circumstances indicate otherwise, all implied warranties are excluded by specific language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous;
(b) if the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination should in the circumstances have revealed; and
(c) an implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.
(4) To exclude or modify a warranty against interference or against infringement (Section 2A-211) or any part of it, the language must be specific, be in writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade,
OFFICIAL COMMENT
Uniform Statutory Source: Sections 2-316 and 2-312(2).
Changes: Subsection (2) requires that a disclaimer of the warranty of merchantability be conspicuous and in writing as is the case for a disclaimer of the warranty of fitness; this is contrary to the rule stated in Section 2-316(2) with respect to the disclaimer of the warranty of merchantability. This section also provides that to exclude or modify the implied warranty of merchantability, fitness or against interference or infringement the language must be in writing and conspicuous. There are, however, exceptions to the rule. E.g., course of dealing, course of performance, or usage of trade may exclude or modify an implied warranty. Section 2A-214(3)(c). The analogue of Section 2-312(2) has been moved to subsection (4) of this section for a more unified treatment of disclaimers; there is no policy with respect to leases of goods that would justify continuing certain distinctions found in the Article on Sales (Article 2) regarding the treatment of the disclaimer of various warranties. Compare Sections 2-312(2) and 2-316(2). Finally, the example of a disclaimer of the implied warranty of fitness stated in subsection (2) differs from the analogue stated in Section 2-316(2); this example should promote a better understanding of the effect of the disclaimer.
Purposes: These changes were made to reflect leasing practices. E.g., FMC Finance Corp. v. Murphree, 632 F.2d 413, 418 (5th Cir. 1980) (disclaimer of implied warranty under lease transactions must be conspicuous and in writing). The omission of the provisions of Section 2-316(4) was not substantive. Sections 2A-503 and 2A-504.
Cross References: Article 2, esp. Sections 2-312(2) and 2-316, and Sections 2A-503 and 2A-504.
Definitional Cross References:
"Conspicuous". Section 1-201(10).
"Course of dealing". Section 1-205.
"Fault". Section 2A-103(1)(f).
"Goods". Section 2A-103(1)(h).
"Knows". Section 1-201(25).
"Lease". Section 2A-103(1)(j).
"Lease contract". Section 2A-103(1)(l).
"Lessee". Section 2A-103(1)(n).
"Person". Section 1-201(30).
"Usage of trade". Section 1-205.
"Writing". Section 1-201(46).
SOUTH CAROLINA REPORTER'S COMMENT
This section is not a uniform enactment of the official version of 2A-214, but instead was modified to parallel the non-uniform variations of S.C. Code Ann. Section 36-2-316. The language of the official version of 2A-214(1) is substantially similar to the language of the official (1962) version of its statutory analogue, UCC Section 2-316(1). However, upon adoption in South Carolina that language was modified to use the language of the 1954 draft of the UCC: "If the agreement creates an express warranty words disclaiming it are inoperative." S.C. Code Ann. Section 36-2-316(1). Subsection (1) of this provision contains identical language, conforming South Carolina's enactment of Article 2A to its version of Article 2.
Similarly, subsection (3)(a) of the official version differs from its analogue as adopted in South Carolina, S.C. Code Ann. Section 36-2-316(3)(a), which does not contain the specific references to "as is" or "with all faults" that are found in UCC Section 2-316(3)(a). These references have similarly been deleted from the South Carolina enactment of Section 36-2A-214(3)(a).
The remaining subsections of 2A-214 make little change in South Carolina law but merely group together the various provisions of Sections 2-316 and 2-312(2), and extend those provisions to lease agreements. /
Renumber sections to conform.
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3411 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED
The Committee on Judiciary proposed the following amendment (JUD3411.001.DOC), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 56-5-6240 of the 1976 Code is amended to read:
"Section 56-5-6240. (A) In addition to the penalties for persons a person convicted of a fourth or subsequent violation within the last five years of operating a motor vehicle while his license is canceled, suspended, or revoked (DUS), or a third or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), the persons person must have the motor vehicle they he drove during this offense forfeited if the offender is the owner of record, or a resident of the household of the owner of record under the terms and conditions as provided in subsections (B) and (C) if the person is the registered owner or a resident of the household of the registered owner. and The vehicle must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest, which. The officer shall deliver it immediately to the sheriff, or chief of police, or the authorized agent of the sheriff or chief of police, in of the jurisdiction where the motor vehicle was seized confiscated. or his authorized agent who by certified mail The sheriff, chief of police, or the authorized agent of the sheriff or chief of police shall by certified mail notify the registered owner of the confiscation within seventy-two hours. Upon notification of the confiscation, the registered owner has ten days to request a hearing before the presiding judge of the judicial circuit or his designated hearing officer. The hearing must be held within ten days from the date of receipt of the request. The purpose of the hearing is to determine
The vehicle seized confiscated pursuant to this section may be returned to the registered owner upon petition to the court by the law enforcement agency seizing confiscating the vehicle if the criminal charge has not been disposed of within twelve months of the date of seizure confiscation. If the registered owner of the vehicle does not remove the vehicle from law enforcement's possession within ten days of service of the court order allowing the return, law enforcement may dispose of the vehicle as provided by Section 56-5-5640 in subsection (C). The sheriff or chief of police in possession of the vehicle shall must provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.
(B) Upon the conviction of the person driving the vehicle, or upon his If a person fails to file an appeal within ten days after his conviction or plea of guilty or nolo contendere to these the offenses in subsection (A), the sheriff or chief of police shall initiate an action in the circuit court of the county in which the vehicle was seized confiscated to accomplish forfeiture by giving notice pursuant to subsection (C) to registered owners of record, lienholders of record, and other persons claiming an interest in the vehicle subject to forfeiture and by giving these persons an opportunity to appear at a hearing and show why the vehicle should not be forfeited and disposed of as provided for by this section in subsection (C). Failure of a person claiming an interest in the vehicle to appear at the above proceeding after having been given notice constitutes a waiver of the claim; however, the The failure of the lienholder to appear at the hearing does not in any way alter or affect the claim of a lienholder of record. Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances. The court, after hearing, shall order that the vehicle be forfeited to the sheriff or chief of police and sold in the manner provided in this section subsection (C), or returned to the registered owner of record. The court shall order a vehicle returned to the registered owner of record if it is shown by a preponderance of the evidence that: (1) the use of the vehicle on the occasion of arrest was not either expressly or impliedly
(C) If the person fails to file an appeal within ten days after the conviction, the A forfeited vehicle is considered abandoned and must be disposed of as provided by Section 56-5-5640. follows:
(1) within fifteen days after the expiration of the ten-day appeal period, the sheriff or chief of police shall notify, by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record of the fact that the vehicle has been taken into custody. The notice must describe the year, make, model, and serial number of the vehicle, provide the name of the last known registered owner, set forth where the motor vehicle is being held, inform the owner and any lienholders of the right to reclaim the motor vehicle within thirty days of the date notice was received, upon payment of all reasonable towing, preservation, and storage charges resulting from placing the vehicle in custody, and state that the failure of the registered owner or lienholder to exercise his rights to reclaim the vehicle within the time provided is a waiver by the registered owner and all lienholders of all right, title, and interest in the vehicle, and consent to the sale of the vehicle at a public auction;
(2) if the identity or address of the last registered owner cannot be determined, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was taken into custody is sufficient to meet all requirements of notice pursuant to this subsection. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents as required for notice by registered mail;
(3) if the fair market value of the vehicle is five hundred dollars or more and the vehicle is not reclaimed as provided in this section, the sheriff or chief of police shall sell the vehicle at public auction. The purchaser of the vehicle shall take title to the vehicle free and clear of all liens and claims of ownership, receive a sales receipt from the sheriff or chief of police, and is entitled to register the vehicle and receive a certificate of title. The sales receipt is sufficient title only for the purposes of transferring the vehicle to a demolisher for demolition,
(4) However, if the fair market value of the vehicle is less than five hundred dollars, it must be sold as scrap to the highest bidder after first receiving at least two bids.
If the registered owner, new purchaser, or lienholder believes the towing, preservation, and storage costs are excessive, he may petition the magistrate in the jurisdiction where the vehicle was taken into custody to determine the fair market price of the services.
Nothing contained in this section shall alter a contractual obligation in an existing insurance policy."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Senator COURTNEY explained the amendment.
The amendment was adopted.
Senator HOLLAND proposed the following amendment (JUD3411.002.DOC), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ____. Section 56-1-170 of the 1976 Code is amended to read:
"Section 56-1-170. (A) The Department department upon issuing a driver's license shall have has authority, whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the Department may determine department determines to be appropriate to assure the safe operation of a motor vehicle by the licensee. The Department department may either issue a special restricted license or may be set forth such the restrictions on the usual license form. The Department department shall not discriminate against a handicapped person by treating him in a different manner than it treats a nonhandicapped person. A
The Department department may upon receiving satisfactory evidence of any violation of the restrictions of such the license suspend or revoke the license, but the licensee shall be entitled to a hearing as upon a suspension or revocation under this article.
Any person who operates a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him shall be is guilty of a misdemeanor and, upon conviction, must be punished by a fine of fined not more than one hundred dollars or imprisonment imprisoned for not more than thirty days.
(B)(1) If a person is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and that he lives further than one mile from his place of employment or place of education.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."
SECTION ____. Section 56-1-320 of the 1976 Code, as last amended by Act 150 of 1997, is further amended to read:
"Section 56-1-320. (A) The department may, in its discretion, suspend or revoke the license of any resident of this State or the
Provided, however However, that if a resident of this State has his driver's license revoked or suspended for a motor vehicle violation in another jurisdiction, the department must review the revocation or suspension period for the out-of-state conviction and apply the laws of this State if the out-of-state revocation or suspension period exceeds the revocation or suspension period provided under the laws of this State for that offense. If the laws of this State are applied to an out-of-state conviction, the department must restore the individual's person's privilege to drive in South Carolina once the individual person has cleared the suspension pursuant to this title, regardless of whether the individual's person's privilege to drive has been restored in the state where the conviction occurred, provided the individual person is otherwise eligible for the issuance or renewal of a South Carolina license. If the laws of this State, which are applied to an out-of-state conviction, permit the issuance of a special route restricted driver's license for transportation between home and work, college, or university, the department shall permit a special route restricted license according to the requirements of this state's applicable law.
If another state restores limited or restricted driving privileges to the person whose license has been suspended or revoked, such the restoration of privileges shall also be valid in this State, and the department must issue a driver's license to the individual person under the same terms and conditions under which driving is authorized in the state of conviction.
(B) The department may not refuse to issue or renew a driver's license to an individual a person who:
(1) is still under suspension or revocation in another jurisdiction for an out-of-state conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C);
(2) has received notice of clearance from the jurisdiction where the revocation or suspension has terminated or that all requirements necessary for reissuance of driving privileges in that jurisdiction are met; or
(3) does not have a letter of clearance from the jurisdiction where the conviction occurred and is still under suspension or revocation in that jurisdiction for a conviction which was not reported to the
SECTION ____. Section 56-1-740 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-740. (A) The department may suspend, for not more than six months, the driver's license and privilege of a person upon a showing by its records, based on a uniform point system as authorized in this article, that the licensee has been convicted with such frequency of offenses against motor vehicle traffic laws or ordinances as to indicate a disrespect for the laws or ordinances and a disregard for the safety of other persons on the highways. For the purposes of this article, a total of twelve points assessed against a driver as determined by the values designated in Section 56-1-720 indicates disrespect and disregard. The privilege of driving a motor vehicle on the highways of this State, given to a nonresident under the laws of this State, is subject to suspension by the department in like manner, and for like cause, the same as a driver's license issued by this State may be suspended.
Periods of suspension of the license or privilege of a person for various accumulation of points must be as follows, with the person having the privilege to request a review of his driving record:
(1) twelve to fifteen points - three months' suspension;
(2) sixteen or seventeen points - four months' suspension;
(3) eighteen or nineteen points - five months' suspension;
(4) twenty points and over - six months' suspension.
(B)(1) If a person is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and that he lives further than one mile from his place of employment or place of education.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."
SECTION ____. Section 56-1-748 of the 1976 Code is amended to read:
"Section 56-1-748. No person issued a restricted driver's license under the provisions of Section 56-1-170(b), Section 56-1-320(A), Section 56-1-740(b), Section 56-1-745(C), or Section 56-1-746(D), Section 56-5-750(G), Section 56-9-430(b), Section 56-10-260(b), or Section 56-10-270(c) shall subsequently be eligible for issuance of a special restricted driver's license under these provisions." /
SECTION ____. Section 56-5-750 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-5-750. (A) In the absence of mitigating circumstances, it is unlawful for a motor vehicle driver, while driving on a road, street, or highway of the State, to fail to stop when signaled by a law enforcement vehicle by means of a siren or flashing light. An attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren does not excuse a failure to stop when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle.
(B) A person who violates the provisions of subsection (A):
(1) for a first offense where no great bodily injury or death resulted from the violation, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or imprisoned for not less than ninety days nor more than three years. The department must suspend the person's driver's license for at least thirty days; or
(2) for a second or subsequent offense where no great bodily injury or death resulted from the violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years. The person's driver's license must be revoked suspended by the department for a period of one year from the date of the conviction.
(C) A person who violates the provisions of subsection (A) and when driving performs an act forbidden by law or neglects a duty imposed by law in the driving of the vehicle:
(1) where great bodily injury resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years; or
(2) where death resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty-five years.
(D) The department must revoke the driver's license of any person who is convicted pursuant to subsection (C)(1) or (C)(2) for a period to include any term of imprisonment, suspended sentence, parole, or probation, plus three years.
(E) 'Great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss of or impairment of the function of a bodily member or organ.
(F) After a conviction pursuant to subsection (B)(1) for a first offense, the person may, after three years from the date of completion of all terms and conditions of his sentence for the first offense, apply, or cause someone acting on his behalf to apply, to the court for an order expunging the records of the arrest and conviction. This provision does not apply to any crime classified as a felony. If the person has had no other conviction during the three-year period following the completion of the terms and conditions of the sentence, the court shall issue an order expunging the records. No person has any rights under this section more than one time. After the expungement, the South Carolina Law Enforcement Division and the Department of Public Safety are required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under the Freedom of Information Act or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once.
(G)(1) If a person is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to subsection (B) of this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the person that he is
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."
SECTION ____. Section 56-5-2951(D) of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"(D) Within ten days of the issuance of the notice of suspension the person may:
(1) obtain a temporary alcohol restricted license by filing with the department a form after enrolling in an Alcohol and Drug Safety Action Program. A thirty-dollar fee must be assessed for obtaining a temporary alcohol restricted license. Twenty-five dollars of the fee must be retained by the department for supplying and maintaining all necessary vehicle videotaping equipment. The remaining five dollars must be retained by the department for administrative costs associated with the issuance of the temporary alcohol restricted licenses. The temporary alcohol restricted license allows the person to drive without any restrictive conditions pending the outcome of the administrative hearing provided for in subsection (H), or the final decision or disposition of the matter. If the suspension is upheld at the administrative hearing, the temporary alcohol restricted license shall remain in effect until the department issues the hearing officer's decision and sends notice to the person that he is eligible to receive a special restricted license pursuant to subsection (J); and
(2) request an administrative hearing.
At the administrative hearing if:
(a) the suspension is upheld, the person's driver's license, permit, or nonresident operating privilege must be suspended or the person must be denied the issuance of a license or permit for the remainder of the suspension period provided for in subsection (K);
(b) the suspension is overturned, the person shall have his driver's license, permit, or nonresident operating privilege reinstated and is not required to complete the Alcohol and Drug Safety Action Program in which he is enrolled. Any costs paid by the person to the certified Alcohol and Drug Safety Action Program pursuant to Section 56-5-2990 must be refunded.
The provisions of this subsection do not affect the trial for a violation of Section 56-5-2930 or Section 56-5-2945."
SECTION ____. Section 56-5-2951(H) of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:
"(H) An administrative hearing must be held within ten thirty days after the request for the hearing is received by the department. If the department does not schedule the hearing within thirty days, a written order must be issued by the department within ten days. The order must set forth the reasons why the hearing was not held within thirty days, and a new hearing must be scheduled. If the department does not issue a written order within ten days or fails to schedule or hold a subsequent hearing, the person shall have his driver's license, permit, or nonresident operating privilege reinstated. However, upon a showing of exigent circumstances by either party, a continuance may be granted not to exceed thirty days. The scope of the hearing must be limited to whether the person:
(1) was lawfully arrested or detained;
(2) was advised in writing of the rights enumerated in Section 56-5-2950;
(3) refused to submit to a test pursuant to Section 56-5-2950; or
(4) consented to taking a test pursuant to Section 56-5-2950, and the:
(a) reported alcohol concentration at the time of testing was fifteen one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section 56-5-2950 and division procedures; and
(d) the machine was working properly.
Nothing in this section prohibits the introduction of evidence at the administrative hearing on the issue of the accuracy of the breath test result.
A written order must be issued to the person upholding the suspension of the person's license, permit, or nonresident's operating privilege, or denying the issuance of a license or permit within thirty
SECTION ____. Section 56-9-430 of the 1976 Code is amended to read:
"Section 56-9-430. (A) The Department department upon receipt of a certified copy of judgment shall suspend the license and registration and any nonresident's operating privilege of any person against whom the judgment was rendered, except as otherwise provided in Sections 56-9-440 to 56-9-460 and 56-9-490.
(B)(1) If a person is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and that he lives further than one mile from his place of employment or place of education.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."
SECTION ____. Section 56-10-260 of the 1976 Code, as last amended by Act 532 of 1988, is further amended to read:
"Section 56-10-260. (A) Any person who knowingly making makes a false certificate as to whether a motor vehicle is an insured motor vehicle or presenting presents to the department false evidence that any motor vehicle sought to be registered is insured is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined two
(B)(1) If a person is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and that he lives further than one mile from his place of employment or place of education. The department may not issue the special restricted driver's license until proof of financial responsibility has been filed.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."
SECTION ____. Section 56-10-270 of the 1976 Code, as last amended by Act 641 of 1988, is further amended to read:
"Section 56-10-270. (a) Any person knowingly operating an uninsured motor vehicle subject to registration in this State or any person knowingly allowing the operation of an uninsured motor vehicle subject to registration in this State is guilty of a misdemeanor and, upon
(b) The department upon receipt of information to the effect that any person has been convicted of violating subsection (a) of this section shall suspend the driving privilege and all license plates and registration certificates issued in the person's name for a period of thirty days and may not reinstate that person's privileges until proof of financial responsibility has been filed.
(c)(1) If a person is employed or enrolled in a college or university at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the person that he is employed or enrolled in a college or university, and that he lives further than one mile from his place of employment or place of education. The department may not issue the special restricted driver's license until proof of financial responsibility has been filed.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the person may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.
(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is twenty dollars.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460.
(c)(d) Any person whose license plates and registration certificates which are suspended as provided in this section, which are not suspended for any other reason, may have them immediately restored, if he files proof of financial responsibility with the department."
Renumber sections to conform.
Amend title to conform.
Senator HOLLAND explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SALEEBY proposed the following amendment (GGS\ 22350CM99):
Amend the bill, as and if amended, by adding the following appropriately numbered section:
/ SECTION ____. The 1976 Code is amended by adding:
"Section 38-53-102. Notwithstanding another provision of law, the department must suspend for a period of five years the license of a bail bondsman, his associates, affiliates, or runners who refer defendants to attorneys." /
Renumber sections to conform.
Amend title to conform.
On motion of Senator THOMAS, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the third reading Calendar:
H. 3856 (Word version) -- Reps. Hayes and M. Hines: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1999, AND ENDING JUNE 30, 2000.
On motion of Senator ELLIOTT, H. 3856 was ordered to receive a third reading on Wednesday, May 26, 1999.
H. 4001 (Word version) -- Reps. Jennings and Harris: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO REQUIRE CANDIDATES FOR THE SCHOOL BOARD TO FILE THE WRITTEN NOTICE OF CANDIDACY BY AUGUST FIRST OF EACH GENERAL ELECTION YEAR RATHER THAN THIRTY DAYS BEFORE THE ELECTION.
On motion of Senator ELLIOTT, H. 4001 was ordered to receive a third reading on Wednesday, May 26, 1999.
H. 4029 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO DISSOLVE THE DILLON COUNTY APPLIED TECHNOLOGY CENTER BOARD AND PROVIDE THAT ALL ITS POWERS, DUTIES, AND
On motion of Senator ELLIOTT, H. 4029 was ordered to receive a third reading on Wednesday, May 26, 1999.
S. 851 (Word version) -- Senators Glover and Elliott: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARION COUNTY TRANSPORTATION COMMITTEE.
On motion of Senator ELLIOTT, S. 851 was ordered to receive a third reading on Wednesday, May 26, 1999.
H. 3834 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 2-7-76, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISCAL IMPACT STATEMENTS FOR PROPOSED LEGISLATION AFFECTING COUNTIES OR MUNICIPALITIES, SO AS TO REQUIRE THE ACQUISITION OF A FISCAL IMPACT STATEMENT FROM THE "BOARD OF ECONOMIC ADVISORS" INSTEAD OF FROM THE "DEPARTMENT OF REVENUE" AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO APPLICATION OF THE INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO ADOPT APPLICATION OF THE INTERNAL REVENUE CODE AS AMENDED THROUGH TAXABLE YEAR 1998; TO AMEND SECTION 12-6-1120, AS AMENDED, RELATING TO COMPUTATION OF GROSS INCOME FOR STATE TAX PURPOSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3410, RELATING TO INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO PROVIDE FOR DETERMINING THE PER CAPITA INCOME FOR PURPOSES OF CALCULATING ADDITIONAL TAX CREDIT FOR CREATION OF NEW HEADQUARTERS JOBS BY USING THE MOST RECENT PER CAPITA INCOME DATA AVAILABLE AT THE END OF THE TAXABLE YEAR THE JOBS ARE FILLED; TO AMEND SECTION 12-6-3465, RELATING TO RECYCLING FACILITY TAX CREDITS, SO AS TO UPDATE CODE CROSS
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD3834.001), which was adopted:
Amend the bill, as and if amended, page 2, line 32, in Section 2-7-76(A), as contained in SECTION 1, by striking /if/ and inserting / if /.
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator LAND proposed the following amendment (DKA\ 3565MM99):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 12-56-20(1) of the 1976 Code, as last amended by Section 55A, Part II, Act 419 of 1998, is further amended to read:
"(1) 'Claimant agency' means a state agency, board, committee, commission, public institution of higher learning, political subdivision, South Carolina Student Loan Corporation, housing authorities established pursuant to Articles 5, 7, and 9 of Chapter 3 of Title 31, and the Internal Revenue Service. It also includes a private institution of higher learning for the purpose of collecting debts related to default on authorized educational loans made pursuant to Chapters 111, 113, or 115 of Title 59. 'Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members, or other political subdivisions, or other claimant agencies as defined in this item. A political subdivision who submits a claim through an association is a claimant agency for the purpose of the notice and appeal provisions and other requirements of this chapter."
B. Section 12-56-60 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-56-60. (A) A claimant agency seeking to attempt collection of a delinquent debt through setoff shall notify the department in writing and supply information the department determines necessary to identify the debtor whose refund is sought to be set off. A request for setoff may be made only after the claimant agency has notified the debtor of its intention to cause the debtor's refund to be set off not less than thirty days before the claimant agency's request to the department. This notice must be given in person, left at the dwelling or usual place of business of the debtor, or sent by certified or registered mail to the debtor's last known address no less than thirty days before the claimant agency's request to the department. The notice shall include a statement which sets forth administrative appeal procedures available to the debtor and alternatives available to the debtor which could prevent setoff. The claimant agency promptly shall notify the debtor when the liability out of which the setoff arises is satisfied. Notification to the department and the furnishing of identifying information must occur on or before a date specified by the department in the year preceding the calendar year during which the refund would be paid. Additionally, subject to the notification deadline specified above, the notification is effective only to initiate setoff for claims against refunds that would be made in the calendar year subsequent to the year in which notification is made to the department.
(B) Upon receiving the certification of the claimant agency of the amount of the delinquent debt, the department shall determine if the
C. Chapter 56 of Title 12 of the 1976 Code is amended by adding:
"Section 12-56-62. The notice of intention to set off must be given by mailing the notice, with postage prepaid, addressed to the debtor at the address provided to the claimant agency when the debt was incurred or at the debtor's last known address. The giving of the notice by mail is complete upon the expiration of thirty days after deposit of the notice in the mail. A certification by the claimant agency that the notice has been sent as required by this section is presumptive proof that the requirements as to notice are met, even if the notice actually has not been received by the debtor. The notice must include a statement of appeal procedures available to the debtor, substantially as follows:
'According to our records, you owe the (claimant agency) a debt in the amount of (amount of the debt) for (type of debt) . You are hereby notified of the (claimant agency's) intention to submit this debt to the South Carolina Department of
(1) your name;
(2) your address
(3) your social security number;
(4) the type of debt in dispute; and
(5) a detailed statement of all the reasons you disagree or dispute the debt.
The original written protest must be mailed to the (claimant agency) at the following address:
(address of the entity requesting the setoff) .'
Section 12-56-63. (A) A debtor who protests the debt shall file a written protest with the claimant agency at the address provided in the claimant agency's notification of intention to set off. The protest must be filed within thirty days of the date of the notice of intention to set off and must contain the debtor's name, address, and social security number, identify the type of debt in dispute, and give a detailed statement of all the reasons which support the protest. The requirements of this section are jurisdictional.
(B) An association defined as a political subdivision in Section 12-56-20(1) may contract with another political subdivision for the processing of debts to be submitted to the department. These services may be funded through an administrative fee. The association is exempt from the notice and appeal procedures of this chapter. The entity responsible for the notice and hearing requirements of this chapter is the political subdivision which has submitted its claim through the association or governmental entity which has submitted it directly to the department.
Section 12-56-65. (A) Before submitting a debt to the department, the claimant agency shall appoint a hearing officer to hear a protest of a debtor. This hearing officer is vested with the authority to decide a protest in favor of either the debtor or the claimant agency. The claimant agency shall certify to the department, on a form prescribed by the department, that a hearing officer has been appointed and shall inform the department of the name, address, and telephone number of
(B) Upon receipt of a notice of protest, the claimant agency shall notify the department that a protest has been received and shall hold an informal hearing at which the debtor may present evidence, documents, and testimony to dispute the debt. The claimant agency shall notify the debtor of the date, time, and location of the informal hearing. At the conclusion of the informal hearing, the hearing officer shall render his determination. Upon receipt of a sworn certification from the hearing officer that he held an informal hearing and ruled in favor of the claimant agency, the department may proceed with the setoff, regardless of a subsequent appeal by the debtor.
(C) A debtor may seek relief from the hearing officer's determination by requesting, within thirty days of the determination, a contested case hearing before the Administrative Law Judge Division. A request for a hearing before the Administrative Law Judge Division must be made in accordance with its rules.
(D) If a setoff is made and the determination of the hearing officer in favor of the claimant agency is later reversed, the claimant agency shall refund the appropriate amount to the taxpayer. If the claimant agency is found to be entitled to no part of the amount set off, it shall refund the entire amount plus the administrative fee retained by the department. That portion of the refund reflecting the administrative fee must be paid from claimant agency funds. If the claimant agency is found to be entitled to a portion of the amount set off, it is not required to refund the administrative fee retained by the department.
(E) If a refund is retained in error, the claimant agency shall pay to the taxpayer interest calculated as provided in Section 12-54-20 from the date provided by law after which interest is paid on refunds until the appeal is final, except that interest does not accrue when the claimant agency is the Office of Child Support Services of the South Carolina Department of Social Services.
(F) If the claimant agency determines that money has been erroneously or illegally set off, the claimant agency, in its discretion, may refund the amount of the setoff, even if the debtor does not file a protest.
(G) A setoff may not be contested more than one year after the date the setoff was made. The date of the setoff must be conclusively determined by the department. This provision must be construed as a statute of repose and not as a statute of limitation.
Section 12-56-67. This section does not create a right to jury trial where one does not already exist. Where a debtor otherwise is entitled to have a jury determine the issue of indebtedness, that right is preserved specifically. If a right to a jury trial already exists and the debtor wishes to exercise that right, the debtor is not required to request a contested case hearing before the Administrative Law Judge Division, but instead must file a summons and complaint in the Court of Common Pleas and serve the pleadings on the claimant agency within thirty days from the date of the hearing officer's determination. The summons and complaint must name the claimant agency as a defendant and the allegations of the complaint must contest the debt and any potential setoff.
Section 12-56-120. The department is exempt from the notice and appeal procedures of this chapter. The appeal procedures for the setoff of any debt owed to the department is governed by the provisions of Chapter 60 of Title 12 which provides the sole and exclusive remedy for these procedures."
D. Section 12-56-110 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-56-110. The department shall may promulgate regulations and prescribe forms and procedures necessary to implement this chapter."
E. All liabilities incurred and rights accrued before the effective date of this section are unaffected by the provisions of this section.
F. Upon approval by the Governor, this section applies to a liability incurred or a right accrued on and after that date. /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
H. 3904 (Word version) -- Rep. Lanford: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 153 SO AS TO PROVIDE FOR THE INVESTMENT OF ENDOWMENT FUNDS OF STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, PROVIDE FOR DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS, AND
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
H. 3358 (Word version) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: A BILL TO AMEND TITLE 33, CODE OF LAWS OF
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper,
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MOORE spoke on the Bill.
On motion of Senator MOORE, with unanimous consent, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3677 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES AND TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
On behalf of the Chairmen's Committee, Senator DRUMMOND moved that the Bill be made a Special Order.
There was no objection and the Bill was made a Special Order.
On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor, and the following names were reported to the Senate in open session:
Having been reported favorably from Executive Session, the following appointment was confirmed:
Initial Appointment, South Carolina State Commission on Higher Education, with term to commence June 30, 1998, and to expire June 30, 2000:
Private Colleges - Ex Officio:
David Shi, President, Furman University, 3300 Poinsett Highway, Greenville, S.C. 29613 VICE Joab M. Lesesne, Jr.
Having received a favorable report from the Allendale County Delegation, the following appointment was confirmed in open session:
Reappointment, Allendale County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
Rufus E. Ferguson, Post Office Box 421, Fairfax, S.C. 29827
Having received a favorable report from the Barnwell County Delegation, the following appointments were confirmed in open session:
Reappointment, Barnwell County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Alfred W. Flynn, Post Office Box 485, Williston, S.C. 29583
Reappointment, Barnwell County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Jimmy Wade Gantt, Jr., 116 Williston Road, Blackville, S.C. 29817
Having received a favorable report from the Dillon County Delegation, the following appointment was confirmed in open session:
Reappointment, Dillon County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:
John R. Davis, Post Office Box 306, Latta, S.C. 29565
Having received a favorable report from the Fairfield County Delegation, the following appointment was confirmed in open session:
Reappointment, Fairfield County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Marion C. Smith, 308 Carlisle Avenue, Winnsboro, S.C. 29180
Having received a favorable report from the Kershaw County Delegation, the following appointments were confirmed in open session:
Reappointment, Kershaw County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Francis E. James, Post Office Box 32, Elgin, S.C. 29045
Reappointment, Kershaw County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
R. Eugene Hartis, 1477 Springhill Road, Camden, S.C. 29020
Reappointment, Kershaw County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Delores D. Leonard, Post Office Box 184, Camden, S.C. 29020
On motion of Senators WILSON, PASSAILAIGUE and MESCHER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Charleston Police Officer Perrin Richard Love of Lexington and Charleston, S.C., who was slain in the line of duty.
At 1:39 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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