Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 2440 . . . . . Tuesday, May 7, 1996

NAYS
TOTAL--0

The amendment was adopted.

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

Amendment No. 15A

Senator PEELER proposed the following Amendment No. 15A (JUD3915.001), which was tabled:

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

/SECTION ____. Notwithstanding any other provision of law, the provisions of this act shall not be effective until approved by a majority of the voters voting in a statewide referendum to be held at the time of the next General Election. The question to be placed on the ballot must substantially read as follows: "Shall the Medical University of South Carolina and the Columbia Hospital Corporation of America be authorized to enter into an agreement of affiliation and the Medical University of South Carolina be authorized to sell certain of its assets and lease certain of its facilities to the Columbia Hospital Corporation of America?"

Yes []

No []

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

Senator MOORE argued contra to the adoption of the amendment.

Senator MOORE moved to lay the amendment on the table.


Printed Page 2441 . . . . . Tuesday, May 7, 1996

The amendment was laid on the table.

Recorded Vote*

Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Amendment No. 2A

Senator McCONNELL proposed the following Amendment No. 2A (3915R019.GFM), which was adopted:

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

/SECTION . Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, MUSC must maintain the current level of services currently offered to indigent patients at Charleston Memorial Hospital unless the MUSC Board of Trustees approves otherwise./

Renumber sections to conform.

Amend title to conform.

Senator MOORE spoke on the amendment.

The amendment was adopted.

Recorded Vote*

Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Amendment No. 3A

Senators MCCONNELL and J. VERNE SMITH proposed the following Amendment No. 3A (3915R041.GFM), which was adopted:

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


Printed Page 2442 . . . . . Tuesday, May 7, 1996

/SECTION . Notwithstanding any other provision of law to the contrary, any financial obligation under the agreements entered into by a subsidiary corporation must be unconditionally guaranteed by the ultimate parent corporation of the purchaser/tenant./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

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

The amendment was adopted.

Recorded Vote*

Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Amendment No. 16

Senator MOORE proposed the following Amendment No. 16 (3915R039.TLM), which was adopted:

Amend the report of the committee, as and if amended, page 3915-3, Section 44-7-3110 as contained in Section 1, by striking the sentence beginning on line 39 and inserting:

/The approval requirement for the transaction authorized in this act shall be governed by the provisions of Section 1-11-65 of the 1976 Code and compliance with the provisions of this act is exclusive and shall satisfy the approval requirements of any and all other statutory provisions requiring the review and/or approval of any agency, department, or division./

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Recorded Vote*

Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.


Printed Page 2443 . . . . . Tuesday, May 7, 1996

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

ACTING PRESIDENT PRESIDES

At 5:55 P.M., Senator MARTIN assumed the Chair.

Amendment No. P-8A

On motion of Senator LEATHERMAN, with unanimous consent, Amendment No. P-8A (GJK\22826SD.96), proposed by Senators LEATHERMAN and J. VERNE SMITH and previously carried over was withdrawn.

The question then was the third reading of the Bill.

Senator McCONNELL spoke on the Bill.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

Recorded Vote

Senators McCONNELL, CORK, LEVENTIS, PEELER, PATTERSON, WALDREP and SETZLER desired to be recorded as voting against the third reading of the Bill.

Recorded Vote

Senator RUSSELL asked unanimous consent to be recorded as voting in favor of the third reading of the Bill if there were a roll call vote.


Printed Page 2444 . . . . . Tuesday, May 7, 1996

MOTION ADOPTED

On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Norman Kobrovsky, father, and Mr. Victor Kobrovsky, grandfather, of Mr. Lawrence C. Kobrovsky, Charleston County School Board Member from Charleston, S.C., who both passed away last week.

ADJOURNMENT

At 6:04 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 2445 . . . . . Wednesday, May 8, 1996

Wednesday, May 8, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, St. Paul wrote to the Corinthians, (I Cor. 3:16):

"Know you not that you are the temple
of God, and that the Spirit of God dwelleth
in you?"
Let us pray.

Almighty God, our heavenly Father: You are ever revealing Yourself to us through the marvels of Your creation, in us, above us, beyond us, but most of all in the Scriptures... and in the person of Jesus.

Help us each day to learn more about ourselves: the things we ought to do, the goals for which we ought to strive, the tasks we ought to take up. And to do this simply because of who we are: earthly temples in whom dwells the Spirit of the Living God.

Make this a good day for us, O Lord, because we have begun it with the praise of You who has loved us with an everlasting love.

Amen.

ACTING PRESIDENT PRESIDES

At 11:05 A.M., Senator MARTIN assumed the Chair.

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

Message from the House

Columbia, S.C., May 8, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 351, H. 4693 by a vote of 3 to 0:

(R351) H. 4693 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH


Printed Page 2446 . . . . . Wednesday, May 8, 1996

CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.
Very respectfully,
Speaker of the House

Received as information.

VETO OVERRIDDEN

(R351) H. 4693 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.

The veto of the Governor was taken up for immediate consideration.

Senator COURTNEY moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 0

AYES
Alexander           Boan                Bryan
Cork                Courson             Courtney
Drummond            Elliott             Fair
Ford                Giese               Glover
Gregory             Hayes               Holland
Hutto               Jackson             Land
Lander              Leatherman          Leventis
Martin              Matthews            McConnell
McGill              Mescher             Moore
O'Dell              Passailaigue        Patterson
Peeler              Rankin              Reese
Richter             Rose                Russell
Ryberg              Saleeby             Setzler
Smith, G.           Smith, J.V.         Thomas
Waldrep             Washington          Wilson
TOTAL--45

Printed Page 2447 . . . . . Wednesday, May 8, 1996

NAYS
TOTAL--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 18, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Reappointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1993, and to expire August 1, 1998:

Policeman:

Chief Reuben M. Greenberg, 180 Lockwood Boulevard, Charleston, S.C. 29403

Referred to the Committee on Corrections and Penology.

Doctor of the Day

Senator McCONNELL introduced Dr. Francis Rushton of Beaufort, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator MOORE, at 11:00 A.M., Senator SHORT was granted a leave of absence until 1:00 P.M.

Leave of Absence

At 11:40 A.M., Senator FAIR requested a leave of absence from 11:45 - 12:30 P.M.


Printed Page 2448 . . . . . Wednesday, May 8, 1996

Leave of Absence

At 12:00 Noon, Senator BOAN requested a leave of absence for the balance of the day.

Point of Personal Privilege

Senator LEVENTIS rose to a Point of Personal Privilege.

Message from the House

Columbia, S.C., May 8, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:

S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Very respectfully,
Speaker of the House

Received as information.

S. 699--REPORT OF THE

COMMITTEE OF CONFERENCE ADOPTED

S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

On motion of Senator RICHTER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator RICHTER spoke on the report.


Printed Page 2449 . . . . . Wednesday, May 8, 1996

On motion of Senator RICHTER, the Report of the Committee of Conference to S. 699 was adopted as follows:

S. 699--Conference Report

The General Assembly, Columbia, S.C., May 7, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. Section 12-51-90 of the 1976 Code is amended to read:

"Section 12-51-90. The defaulting taxpayer, any grantee from the owner, or any mortgage or judgment creditor may within twelve months from the date of the delinquent tax sale redeem each item of real estate by paying to the person officially charged with the collection of delinquent taxes, assessments, penalties, and costs, together with eight percent interest on the whole amount of the delinquent tax sale bid. In the case of a redemption in the last six months of the redemption period, for all real property except that classified pursuant to Section 12-43-220(c) at the time of the delinquent sale, the applicable rate of interest is twelve percent. If prior to the expiration of the redemption period, the purchaser assigns his interest in any real property purchased at a delinquent tax sale, the grantee from the successful bidder shall furnish the person officially charged with the collection of delinquent taxes a conveyance, witnessed and notarized. The person officially charged with the collection of delinquent taxes shall replace the successful bidder's name and address with the grantee's name and address in the delinquent tax sale book."

SECTION 2. Section 12-51-60 of the 1976 Code is amended to read:

"Section 12-51-60. The successful bidder at the delinquent tax sale shall pay legal tender to the person officially charged with the collection of delinquent taxes in the full amount of the bid on the day of the sale. Upon


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