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The motion of Rep. QUINN to reconsider the vote whereby the following Bill was continued was taken up and agreed to by a division vote of 44 to 38.

H. 4498 -- Reps. Harrison, Hodges, Jennings, D. Smith, Cromer, Wofford, Govan, Tucker, Fleming, Knotts, Shissias, Thomas and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.

Rep. ANDERSON asked unanimous consent to recall S. 1334 from the Committee on Ways and Means.

Rep. KELLEY objected.

Rep. HARRISON moved to adjourn debate upon the Senate amendments to the following Bill until Thursday, April 25, which was adopted.

H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE

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

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 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

The Senate amendments to the following Bill were taken up for consideration.

H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870, SO AS TO ENACT THE SOUTH

Debate was resumed on Amendment No. 1A, which was proposed on Tuesday, April 23, by Rep. WITHERSPOON.

Rep. WITHERSPOON explained the amendment.

The amendment was then adopted.

Rep. WITHERSPOON explained the Bill.

Rep. KNOTTS proposed the following Amendment No. 2A, which was tabled.

Amend the Bill, as and if amended, by adding a new Section to read:
Jet ski's properly lighted according to class A watercraft are allowed to operate after sunset and before sunrise.

Rep. KNOTTS explained the amendment.

Rep. WITHERSPOON spoke against the amendment and moved to table the amendment, which was agreed to.

Reps. CATO and MEACHAM proposed the following Amendment No. 3A (Doc Name P:\amend\GJK\22745SD.96), which was rejected.

Amend the bill, as and if amended, by striking Section 50-21-870(B)(11)(a) of the 1976 Code as contained in SECTION 1 which begins on line 22 of page 3 and inserting:

/(a) operate any type of watercraft required by law to be titled or which is propelled by an outboard motor required by law to be titled if he is younger than sixteen years of age, unless accompanied by an adult, eighteen years or older, who is not under the influence of alcohol, drugs, or a combination of them. However, a person younger than sixteen years of age may operate any type of watercraft required by law to be titled or which is propelled by an outboard motor required by law to be titled without being accompanied by an adult if one or more of the following applies:

(i) the person completes a boating safety program as administered by the Department of Natural Resources; or

(ii) the person completes a boating safety program approved by the Department of Natural Resources./

Renumber sections to conform.

Amend totals and title to conform.

Rep. MEACHAM spoke in favor of the amendment.

The amendment was then rejected.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

The following Concurrent Resolution was taken up.

H. 4414 -- Reps. Stuart, T. Brown, Cotty, Harvin, Herdklotz, Huff, Kinon and Vaughn: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY SCHOOL SCHEDULING AND TIMETABLES, INCLUDING THE LENGTH OF THE SCHOOL DAY AND THE SCHOOL YEAR, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY JULY 1, 1996.

Whereas, the resources for public education in South Carolina in grades kindergarten through twelve are scarce and a large part of the local funding for public education is derived from ad valorem property taxes which have reached levels which impose a significant burden on many taxpayers; and

Whereas, it is therefore incumbent upon the State of South Carolina and its local school districts to use these resources in the most efficient manner possible; and

Whereas, other states and other countries have developed innovative approaches to school scheduling including flexible hours, rolling timetables, and more continuous operations; and

Whereas, the members of the General Assembly, by this resolution, believe that a study of these innovative approaches by a committee of qualified individuals and educators would be of significant benefit to South Carolina. Now, therefore,

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

That a committee to study school scheduling and timetables, including the length of the school day and the school year, is hereby established. The committee shall consist of three members from the House of Representatives appointed by the Speaker, three members of the Senate appointed by the President of the Senate, and three members from the public at large appointed by the Governor.

The committee shall report its findings to the General Assembly no later than July 1, 1996, and shall terminate when the report is made. The staff of the Senate Education Committee and the House Education and Public Works Committee shall provide assistance as needed to the committee in the performance of its duties.

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 23, by the Committee on Education and Public Works.

Rep. JASKWHICH explained the amendment.

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

The following Concurrent Resolution was taken up.

S. 1351 -- Senators Leventis, Moore, Alexander, Boan and Martin: A CONCURRENT RESOLUTION TO URGE THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA), IN ITS REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE, TO THOROUGHLY EXAMINE ALL ASPECTS OF THE STANDARD, INCLUDING RETAINING THE EXISTING .12 STANDARD WITH APPROPRIATE REVISIONS, AND CAREFULLY EVALUATE THE POTENTIAL INCREMENTAL HEALTH IMPACTS AND ECONOMIC CONSEQUENCES ON STATES, LOCALITIES, SMALL AND LARGE BUSINESS, AND INDIVIDUAL CITIZENS; TO URGE FURTHER THAT THE STANDARD CHOSEN BY EPA SHOULD BE REASONABLE AND ACHIEVABLE AND ANY CHANGES MUST BE LOOKED AT IN THEIR ENTIRETY; AND TO URGE FINALLY THAT EPA IDENTIFY ANY UNFUNDED MANDATES OR OTHER ADMINISTRATIVE BURDENS FOR STATE

Whereas, the U.S. Environmental Protection Agency (EPA) has a responsibility to review periodically the National Ambient Air Quality Standard for ozone to ascertain if it is sufficiently protective of human health; and

Whereas, EPA is currently reviewing the National Ambient Air Quality Standard for ozone; and

Whereas, the State of South Carolina, through its citizens, its legislative bodies, and regulatory agencies has worked hard to reduce air pollution and to meet clean air requirements; and

Whereas, state agencies would have to devote substantial resources to developing new State Implementation Plans. Now, therefore,

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

That the General Assembly of the State of South Carolina urges EPA, in its review of the National Ambient Air Quality Standard for ozone, to thoroughly examine all aspects of the standard, including retaining the existing .12 standard with appropriate revisions, and carefully evaluate the potential incremental health impacts and economic consequences on states, localities, small and large business, and individual citizens. The standard chosen by EPA should be reasonable and achievable and any changes must be looked at in their entirety.

Be it further resolved that the State of South Carolina urges EPA to identify any unfunded mandates or other administrative burdens for state or local governments or agencies that would derive from changes to the National Ambient Air Quality Standard for ozone.

The Concurrent Resolution was adopted and ordered returned to the Senate.

The motion period was dispensed with on motion of Rep. SHEHEEN.

The following Bill was taken up.

H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells,

Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

The following was introduced:

H. 4974 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4706, RELATING TO THE SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996, FOR IMMEDIATE SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, APRIL 24, 1996, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4706 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H.4706, relating to the South Carolina Rural Development Act of 1996, is set by special order for immediate second reading or other consideration on Wednesday, April 24, 1996, and such special order consideration shall continue each legislative day thereafter immediately following the third reading consideration of statewide uncontested bills and resolutions until H.4706 is given third reading or it is otherwise disposed of.

Rep. D. SMITH explained the Resolution.

The Resolution was adopted.

The following Bill was taken up.

H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham,

| Printed Page 2840, Apr. 24 | Printed Page 2862, Apr. 24 |