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

Page Finder Index

| Printed Page 2003, Apr. 9 | Printed Page 2020, Apr. 9 |

Printed Page 2010 . . . . . Tuesday, April 9, 1996

Rep. HARRELL asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.

Rep. T. BROWN objected.

Referred to Committee on Ways and Means.

S. 1269 -- Senator Rose: A BILL TO AMEND SECTION 41-25-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE PERSONNEL AGENCIES, SO AS TO PROVIDE FOR DISCRETION ON THE PART OF THE SECRETARY OF STATE IN DETERMINING WHETHER TO RENEW THE LICENSE OF A PRIVATE PERSONNEL AGENCY WHEN THE LICENSEE FAILS TO APPLY FOR RENEWAL OF THE LICENSE WITHIN THE STATUTORY DEADLINE.

Referred to Committee on Labor, Commerce and Industry.

S. 1278 -- Senator Holland: A BILL TO AMEND SECTION 1-7-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO DELETE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY AS A MEMBER OF THE COMMISSION, AND TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL SERVE AS A MEMBER OF THE COMMISSION IN HIS PLACE.

Referred to Committee on Judiciary.

S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.

Referred to Committee on Judiciary.

S. 1316 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RECORDS RETENTION


Printed Page 2011 . . . . . Tuesday, April 9, 1996

SCHEDULE FOR DATA PROCESSING AND OTHER ELECTRONIC RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 1325 -- Senators Reese, Russell and Courtney: A BILL TO AMEND SECTION 50-25-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE WILLIAM C. BOWEN, SO AS TO INCREASE THE MAXIMUM HORSEPOWER LIMITATION ON OUTDRIVE OR INBOARD MOTORS FROM ONE HUNDRED EIGHTY TO ONE HUNDRED NINETY HORSEPOWER.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 1326 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE MONTHS OF FEBRUARY AND MARCH, 1996, BY THE STUDENTS OF ANY SCHOOLS WITHIN SCHOOL DISTRICTS 1 THROUGH 7 IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Rep. WELLS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 4887 -- Rep. McMahand: A CONCURRENT RESOLUTION TO RECOGNIZE EUNICE E. EVANS OF GREENVILLE, SOUTH CAROLINA, UPON HER OUTSTANDING CONTRIBUTIONS TO THE CITIZENS OF THE GREENVILLE AREA.

The Concurrent Resolution was agreed to and ordered sent to the Senate.


Printed Page 2012 . . . . . Tuesday, April 9, 1996

CONCURRENT RESOLUTION

The following was introduced:

H. 4888 -- Reps. Fulmer, Hallman, Whatley, Limehouse and Harrell: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING LIEUTENANT GENERAL CLAUDIUS E. "BUD" WATTS III, U.S. AIR FORCE, RETIRED, FOR HIS CAREER ACCOMPLISHMENTS AND FOR HIS DISTINGUISHED SERVICE TO HIS COUNTRY, STATE, AND FAMILY, AND EXTENDING CONGRATULATIONS AND BEST WISHES TO HIM UPON HIS RETIREMENT AS PRESIDENT OF THE CITADEL.

Whereas, General Claudius E. "Bud" Watts III has recently announced his retirement as President of The Citadel, the Military College of South Carolina; and

Whereas, General Watts has brought honor to himself, his family, the State of South Carolina, and his country through his distinguished military service, his selfless commitment to family and duty, and to his outstanding tenure as President of The Citadel; and

Whereas, General Watts was born on September 22, 1936, in Bennettsville, South Carolina, and was raised in nearby Cheraw; and

Whereas, General Watts is married to the former Jane Sims of Marianna, Florida, and the couple has two children, Claudius E. Watts IV, Citadel Class of 1983, and Patti W. Heck; and

Whereas, General Watts earned a bachelor of arts degree in political science from The Citadel in 1958, earned Gold Stars for academic excellence each semester, and was named a Distinguished Military Student; and

Whereas, following his graduation from The Citadel, General Watts earned a master's degree in business administration from Stanford University's Graduate School of Business, completed Harvard University's Program for Senior Managers in Government, and attended the London School of Economics and Political Science as a Fulbright Scholar; and

Whereas, General Watts completed pilot training in 1960 at Craig Air Force Base in Alabama, and was assigned to the 17th Air Support Squadron at Charleston Air Force Base in South Carolina; and

Whereas, General Watts was graduated from the Army Command and General Staff College and the National War College; and

Whereas, General Watts served in Southeast Asia from December, 1967, until December, 1968, with the 12th Special Operations Squadron in Vietnam where he flew two hundred and seventy-six combat missions; and


Printed Page 2013 . . . . . Tuesday, April 9, 1996

Whereas, during his career, General Watts served in various capacities in the U.S. Air Force, including assignments at the Headquarters for the U.S. Air Force; and

Whereas, during 1985, General Watts was named Senior Military Assistant to the Deputy Secretary of Defense; and

Whereas, General Watts was promoted to the rank of Lieutenant General on December 1, 1986, and retired from active duty on September 1, 1989; and

Whereas, General Watts is a command pilot with more than seven thousand flying hours and has received the Defense Distinguished Service Medal, Air Force Distinguished Service Medal, two awards of the Legion of Merit, the Distinguished Flying Cross with two oak leaf clusters, eleven Air Medals, the Vietnamese Service Medal with two service stars, and the Republic of Vietnam Gallantry Cross with Palm; and

Whereas, General Watts was named the seventeenth president of The Citadel on June 23, 1989, and has served with distinction since that time; and

Whereas, General Watts is involved in a host of civic and military organizations too numerous to list in one resolution. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of the State of South Carolina commends Lieutenant General Claudius E. "Bud" Watts III for his selfless dedication to his state, country, and family and extends congratulations and best wishes to him upon his retirement as President of The Citadel.

Be it further resolved that a copy of this resolution be forwarded to General Watts.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison              Anderson             Askins
Bailey               Baxley               Boan
Breeland             Brown, H.            Brown, J.
Brown, T.            Byrd                 Cain
Carnell              Cato                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cooper               Cotty                Dantzler
Davenport            Delleney             Easterday

Printed Page 2014 . . . . . Tuesday, April 9, 1996

Felder               Fleming              Fulmer
Gamble               Govan                Hallman
Harrell              Harris, J.           Harris, P.
Harrison             Herdklotz            Hines, J.
Hines, M.            Howard               Hutson
Inabinett            Jaskwhich            Jennings
Keegan               Kelley               Kennedy
Kinon                Kirsh                Klauber
Knotts               Koon                 Lanford
Law                  Lee                  Limbaugh
Limehouse            Littlejohn           Lloyd
Loftis               Marchbanks           Mason
McAbee               McCraw               McKay
McMahand             McTeer               Meacham
Neal                 Neilson              Phillips
Rhoad                Rice                 Riser
Robinson             Rogers               Sandifer
Scott                Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, L.
White                Wilder               Wilkes
Wilkins              Williams             Witherspoon
Wofford              Wright               Young-Brickell
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, April 9. Scott H. Richardson James L.M. Cromer, Jr. Grady A. Brown W. Jeffrey Young James H. Hodges William D. Keyserling Richard M. Quinn, Jr. Joseph T. McElveen, Jr. Jackson S. Whipper Bessie Moody-Lawrence Ronald P. Townsend L. Morgan Martin Harold G. Worley C. Alex Harvin III Ralph W. Canty

Total Present--120

Printed Page 2015 . . . . . Tuesday, April 9, 1996

LEAVE OF ABSENCE

The SPEAKER granted Rep. HASKINS a leave of absence for the day.

STATEMENT RE ATTENDANCE

Rep. THOMAS signed a statement with the Clerk that she was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, April 9.

STATEMENT RE ATTENDANCE

Rep. McELVEEN signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, March 27.

DOCTOR OF THE DAY

Announcement was made that Dr. Rose McDonald is the Doctor of the Day for the General Assembly.

H. 4808--DEBATE ADJOURNED

Rep. WELLS moved to adjourn debate upon the following Bill until Tuesday, April 16, which was adopted.

H. 4808 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2025 SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OF THE SPARTANBURG COUNTY REGIONAL MEDICAL CENTER MUST BE APPOINTED BY A MAJORITY OF THE LEGISLATIVE DELEGATION REPRESENTING THE AREA THE CENTER SERVES.

H. 4809--DEBATE ADJOURNED

Rep. WELLS moved to adjourn debate upon the following Bill until Tuesday, April 16, which was adopted.

H. 4809 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2027 SO AS TO REQUIRE THE BOARD OF DIRECTORS OF THE SPARTANBURG REGIONAL MEDICAL CENTER TO OBTAIN THE APPROVAL OF THE MEMBERS OF THE LEGISLATIVE DELEGATION REPRESENTING THE CENTER'S SERVICE AREA BEFORE THE DIRECTORS MAY MERGE WITH, OR SELL OR LEASE ITS FACILITIES TO A FOR PROFIT CORPORATION.


Printed Page 2016 . . . . . Tuesday, April 9, 1996

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 4323 -- Reps. Knotts, Kinon, Lanford, Littlejohn, Keyserling, Haskins, Vaughn, Riser, Law and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

H. 4637--OBJECTIONS

The following Bill was taken up.

H. 4637 -- Reps. Townsend, Allison, Howard and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S


Printed Page 2017 . . . . . Tuesday, April 9, 1996

PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.
Printed Page 2018 . . . . . Tuesday, April 9, 1996

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22565SD.96).

Amend the bill, as and if amended, in Section 59-103-15 of the 1976 Code, as contained in SECTION 1, by striking subsection (B)(4) and inserting:

/(4) State technical and comprehensive education system

(a) all post-secondary vocational, technical, and occupational diploma and associate degree programs leading directly to employment or maintenance of employment and associate degree programs which enable students to gain access to other post-secondary education;

(b) up-to-date and appropriate occupational and technical training for adults;

(c) special school programs that provide training for prospective employees for prospective and existing industry in order to enhance the economic development of South Carolina;

(d) public service to the State and the local community;

(e) continue to remain technical, vocational, or occupational colleges with a mission as stated in item (4) and primarily focused on technical education and the economic development of the State./

Amend the bill further, as and if amended, in Section 59-103-30 of the 1976 Code, as contained in SECTION 3, by striking subsection (A) and inserting:

/(A) The General Assembly has determined that the critical success factors for academic quality in the several institutions of higher learning in this State are as follows:

(1) Mission Focus;

(2) Quality of Faculty;

(3) Classroom Quality;

(4) Institutional Cooperation and Collaboration;

(5) Administrative Efficiency;

(6) Entrance Requirements;

(7) Graduates' Achievements;

(8) User-friendliness of the Institution;

(9) Research Funding./

Amend further by striking subsection (B)(1)(e) of Section 59-103-30 of the 1976 Code, as contained in SECTION 3, and inserting:

/(e) attainment of goals of the strategic plan./

Amend further by striking subsection (B)(3) of Section 59-103-30 of the 1976 Code, as contained in SECTION 3, and inserting:

/(3) Instructional Quality/

(a) class sizes and student/teacher ratios;


Printed Page 2019 . . . . . Tuesday, April 9, 1996

(b) number of credit hours taught by faculty;

(c) ratio of full-time faculty as compared to other full-time employees;

(d) accreditation of degree-granting programs;

(e) institutional emphasis on quality teacher education and reform./

Amend further by striking subsection (4)(a) of Section 59-103-30 of the 1976 Code, as contained in SECTION 3, and inserting:

/(a) sharing and use of technology, programs, equipment, supplies, and source matter experts within the institution, with other institutions, and with the business community;/

Amend further, as and if amended, by striking Section 59-103-110 of the 1976 Code as contained in SECTION 8 and inserting:

/"Section 59-103-110. No public institution of higher learning shall be authorized to construct any new permanent facility at any location other than on a currently approved campus or on property immediately contiguous thereto unless such new location and or purchase or acquire any new improved or unimproved real property unless such new facility, purchase, or acquisition has been approved by the Commission. Provided, that the provisions of this section shall not apply to the Trident Technical College property in Berkeley County or the new Palmer College site in Charleston County or Francis Marion College in Florence County."/

Amend further, as and if amended, in Section 59-104-20 of the 1976 Code, as contained in SECTION 9, which begins on line 23, page 11, by striking the section and inserting:

/Section 59-104-20. The Palmetto Fellows Scholarship Program is established to foster scholarship among the state's post-secondary students and retain outstanding South Carolina high school graduates in the State through awards based on scholarship and achievement. Measures must be taken to ensure equitable minority participation in this program. Recipients of these scholarships are designated Palmetto Fellows. Each Palmetto Fellow shall receive a scholarship in an amount designated by the Commission on Higher Education, half to be provided by the post secondary institution at which he is enrolled. The commission shall promulgate regulations and establish procedures to administer the program and request annual state appropriations for the program./

Renumber sections to conform.

Amend totals and title to conform.

Rep. STILLE explained the amendment.


| Printed Page 2003, Apr. 9 | Printed Page 2020, Apr. 9 |

Page Finder Index