Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 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, our devotion today is in memory of Samuel McConnell, father of our esteemed colleague, Glenn McConnell.
Hear words recorded by St. Matthew, Chapter 25 (v.34):
"Come, you blessed of my Father" says the
Lord Jesus. "and take possession of the king-
dom prepared for you."
Let us pray.
Almighty God, Father, Son and Holy Spirit, for the life and labors of your servant, Samuel McConnell, we give You thanks and praises.
Grant, O Lord, the comfort and consolations which only the Holy Spirit can give through the merits of Jesus Christ to Your servant, Glenn, his mother, Evelyn, and the members of their family and friends.
Receive Samuel into the arms of Your Mercy, into the blessed rest of everlasting peace, and into the glorious company of the saints in Light.
O Lord, support us all the day long in this troubled life, until the shadows lengthen and the evening comes and the busy world is hushed, the fever of life is over, and our work is done.
Then, Lord, in Your Mercy, grant us a safe lodging and a holy rest, and peace at the last, through Jesus Christ our Lord.
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 1843
Promulgated by Public Service Commission
Motor Carriers
Received by Lt. Governor February 24, 1995
Referred to Senate Committee on Judiciary
120 day review expiration date January 24, 1996
The following were received:
Document No. 1747
Promulgated by Licensing Board for Contractors, Department of Labor, Licensing and Regulation
Definition of Roofing Classification
Received by Lt. Governor March 31, 1994
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date March 7, 1995
Withdrawn and resubmitted February 21, 1995
Document No. 1810
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Lead-Acid Batteries
Received by Lt. Governor January 16, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 16, 1995, May 24, 1995
Withdrawn and resubmitted February 16, 1995
The following were introduced:
S. 586 -- Senator Elliott: A JOINT RESOLUTION TO APPROPRIATE THIRTY MILLION DOLLARS FROM THE GENERAL FUND OF THE STATE TO THE STATE HIGHWAY FUND TO REPLACE THE AMOUNT OF SHIMS REVENUES DIVERTED TO PAY FOR THE HURRICANE HUGO NOTE.
Read the first time and referred to the Committee on Finance.
S. 587 -- Senators Courson, Wilson, Drummond, Leventis, Moore, Leatherman, Ryberg, J. Verne Smith, Giese, Thomas, Setzler, Alexander, Courtney, Mescher, Martin, Reese and Hayes: A JOINT RESOLUTION TO RATIFY THE BALANCED BUDGET AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES AS ADOPTED BY THE 104TH CONGRESS OF THE UNITED STATES AT ITS FIRST SESSION.
Senator COURSON spoke on the Resolution.
Read the first time and referred to the Committee on Finance.
S. 588 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-445 SO AS TO PROVIDE THAT ANY PERSON WHO OBTAINS A JUDGMENT AGAINST ANOTHER PERSON FOR FAILURE TO PAY AN INSTALLMENT DEBT OBLIGATION REGARDING THE SALE OF A MOTOR VEHICLE MAY FILE A CERTIFIED COPY OF THE JUDGMENT WITH THE DEPARTMENT OF REVENUE AND TAXATION, TO PROVIDE THAT THE DEPARTMENT MAY NOT ISSUE OR RENEW A SOUTH CAROLINA DRIVER'S LICENSE FOR THE PERSON AGAINST WHOM THE JUDGMENT IS ENTERED OR ISSUE ANY NEW LICENSE PLATES OR VALIDATION STICKERS FOR A MOTOR VEHICLE OWNED BY THAT PERSON SO LONG AS THE JUDGMENT REMAINS UNSATISFIED, AND TO PROVIDE FOR THE MANNER IN WHICH THE DEPARTMENT MUST BE NOTIFIED OF THE SATISFACTION OF THE JUDGMENT AND FOR THE PENALTIES AND REMEDIES FOR FAILURE TO NOTIFY THE DEPARTMENT OF THE SATISFACTION.
Read the first time and referred to the Committee on Judiciary.
S. 589 -- Invitations Committee: A SENATE RESOLUTION TO FIX 11:15 ON WEDNESDAY, MARCH 15, 1995, AS THE TIME FOR MR. JOHN MARK MCQWON TO SING BEFORE THE SENATE.
Whereas, March 1995, is being observed as National Mental Retardation month; and
Whereas, in special recognition of this month, the Senate acknowledges the devoted efforts of the Emerald Center, in Greenwood, South Carolina, a center which serves individuals with disabilities and special needs in Abbeville, Edgefield, McCormick, Saluda and Greenwood counties; and
Whereas, Mr. John Mark McQwon, a 29-year-old native of Greenwood and a student of the Emerald Center, is an upstanding citizen and outstanding individual, who is a participant in the Competitive Employment Program, where he works and assists other individuals at the Emerald Center; and
Whereas, Mr. McQwon is a member of the First Presbyterian Church Choir in Greenwood, where he takes voice and piano lessons, and enjoys sharing his love for music with others; and
Whereas, Mr. McQwon has worked diligently to hone his God-given talents, and many musical gifts; and
Whereas, it is appropriate to recognize and honor such an individual who serves as an inspiration to each of us, bringing beautiful music to all those around him. Now, therefore,
Be it resolved by the Senate:
That in recognition of National Mental Retardation Month, at the request of Senator John Drummond and with approval from the Senate Invitations Committee as provided in the Senate Rules, Mr. John Mark McQwon is granted the privilege of singing a song from the Senate podium at 11:15 on Wednesday, March 15, 1995.
The Senate Resolution was taken up for immediate consideration and ordered placed on the Calendar for consideration tomorrow.
S. 590 -- Senator Leatherman: A SENATE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ENACT H.R. 842, THE TRUTH IN BUDGETING ACT, REMOVING THE HIGHWAY TRUST FUND, AVIATION TRUST FUND, INLAND WATERWAYS TRUST FUND, AND HARBOR MAINTENANCE TRUST FUND FROM THE GENERAL FUND FEDERAL BUDGET.
The Senate Resolution was adopted.
S. 591 -- Senators Reese, Courtney and Russell: A CONCURRENT RESOLUTION TO COMMEND DR. G. B. HODGE OF SPARTANBURG FOR HIS TWENTY-EIGHT YEARS OF DEVOTED SERVICE TO THE UNIVERSITY OF SOUTH CAROLINA-SPARTANBURG, UPON HIS RESIGNATION AS CHAIRMAN OF THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, AND TO DESIGNATE DR. HODGE AS CHAIRMAN EMERITUS OF THE COMMISSION.
Whereas, the members of the General Assembly learned with deep regret that Dr. G. B. Hodge of Spartanburg has resigned as chairman of the Spartanburg County Commission for Higher Education; and
Whereas, the Spartanburg County Commission for Higher Education acts as the advisory board for USC-Spartanburg, and throughout its existence has ensured the growth and development of one of this state's very fine regional institutions of higher learning; and
Whereas, both the Commission for Higher Education and USCS were founded in 1967, and Dr. Hodge has served both faithfully since their inception; and
Whereas, as chairman of the commission, he has been the person most responsible for the excellent institution which USCS has become and his contributions include the securing of the institution's new physical plant, the development of a rigorous academic curriculum including the introduction of graduate studies and masters programs, and the acquisition of new leadership for the university which will help it continue to move forward; and
Whereas, Dr. Hodge is a native of Spartanburg, a graduate of Wofford College and the Vanderbilt University School of Medicine, and since 1948 has engaged in the private practice of general, thoracic, and cardiovascular surgery in Spartanburg, and in the process became one of the most respected members of the Spartanburg medical community and its first board-certified surgeon; and
Whereas, the General Assembly, by this resolution, would like to publicly recognize and thank this truly outstanding man for his contributions to the university which he loves so much and for his other contributions to the Spartanburg community, not only as a leader in education, but in medicine and other civic endeavors as well. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly commend Dr. G. B. Hodge of Spartanburg for his twenty-eight years of devoted service to the University of South Carolina-Spartanburg upon his resignation as chairman of the Spartanburg County Commission for Higher Education.
Be it further resolved that Dr. Hodge is hereby designated Chairman Emeritus of the Spartanburg County Commission for Higher Education. Be it further resolved that a copy of this resolution be forwarded to Dr. Hodge.
With unanimous consent, the Concurrent Resolution was taken up for immediate consideration and ordered placed on the local and uncontested Calendar for consideration tomorrow.
S. 592 -- Senator Moore: A CONCURRENT RESOLUTION TO COMMEND THE GRANITEVILLE COMPANY UPON THE OCCASION OF ITS ONE HUNDRED AND FIFTIETH ANNIVERSARY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY FOR THE COMPANY'S MANY CONTRIBUTIONS TO AIKEN COUNTY AND TO THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 593 -- Senators Elliott and Reese: A BILL TO AMEND SECTION 8-11-83, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION FOR DUES OF THE STATE EMPLOYEES' ASSOCIATION, SO AS TO ALSO AUTHORIZE A PAYROLL DEDUCTION FOR THE DUES OF THE SOUTH CAROLINA TROOPERS' ASSOCIATION.
Read the first time and referred to the Committee on Finance.
H. 3646 -- Reps. Hodges and McElveen: A CONCURRENT RESOLUTION TO REQUEST CANDIDATES FOR JUDICIAL OFFICES TO BE FILLED BY ELECTION OF THE GENERAL ASSEMBLY DURING ITS 1995 SESSION TO REFRAIN FROM VISITING THE STATE HOUSE, BLATT BUILDING, GRESSETTE BUILDING, OR ANY OTHER BUILDINGS OF THE STATE CAPITOL COMPLEX FOR THE PURPOSE OF MEETING MEMBERS AND CAMPAIGNING FOR OFFICE UNTIL SUCH TIME AS THE LEGISLATIVE SCREENING COMMITTEE HAS RENDERED ITS REPORT REGARDING THE QUALIFICATIONS OF THE CANDIDATES FOR THE JUDICIAL OFFICES TO WHICH THE CANDIDATES SEEK ELECTION.
Whereas, numerous candidates for judicial offices to be filled by election of the General Assembly during its 1995 session are presently visiting the State House and the State Capitol Complex each legislative day to further their judicial candidacy; and
Whereas, although under present law no pledges to any candidate can be made by a member of the General Assembly until the legislative screening committee has rendered its findings in regard to the candidates for that office, it is perfectly permissible for these candidates to greet members of the General Assembly for informational purposes only as described above prior to seeking their pledges once pledging is permitted; and
Whereas, the practice of visiting the State House daily for purposes of greeting members of the General Assembly is a demanding and trying experience not only for the members of the General Assembly but most certainly for the candidates themselves thereby taking away from the productive work these excellent and capable individuals could be doing elsewhere; and
Whereas, the members of the General Assembly, by this resolution, are desirous of finding a solution to this situation. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby request candidates for judicial offices to be filled by election of the General Assembly during its 1995 session to refrain from visiting the State House, Blatt Building, Gressette Building, or any other buildings of the State Capitol Complex for the purpose of meeting members and campaigning for office until such time as the legislative screening committee has rendered its report regarding the qualifications of the candidates for the judicial offices to which the candidates seek election, unless the candidate makes an appointment to visit the member in his State House Office.
Referred to the Committee on Judiciary.
H. 3672 -- Reps. T. Brown and Thomas: A CONCURRENT RESOLUTION SALUTING KENNETH WRIGHT OF GEORGETOWN COUNTY FOR HIS ACTS OF HEROISM AND BRAVERY IN SAVING THE LIFE OF A FELLOW HUMAN BEING FROM A BURNING HOME.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3673 -- Rep. T. Brown: A CONCURRENT RESOLUTION SALUTING DARELL NETTLES OF GEORGETOWN COUNTY FOR HIS ACTS OF HEROISM AND BRAVERY IN SAVING THE LIFE OF A FELLOW HUMAN BEING FROM A BURNING HOME.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3680 -- Reps. Canty, Inabinett and Stuart: A CONCURRENT RESOLUTION SALUTING ROBERT W. DWYER OF SUMTER FOR HIS DEVOTION TO HIS NATION, STATE, AND COMMUNITY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3681 -- Rep. Keyserling: A CONCURRENT RESOLUTION RECOGNIZING AND APPLAUDING THE EFFORTS OF MAIN STREET BEAUFORT, USA AND CELEBRATING ITS TENTH ANNIVERSARY BY NOTING ITS MANY SUCCESSES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3682 -- Rep. Law: A CONCURRENT RESOLUTION TO CONGRATULATE THE BERKELEY HIGH SCHOOL FOOTBALL TEAM, HEAD COACH JERRY BROWN AND HIS STAFF, AND SCHOOL OFFICIALS FOR WINNING THE CLASS AAAA DIVISION II STATE FOOTBALL CHAMPIONSHIP, AND TO RECOGNIZE THE DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF FOOTBALL PLAYERS AND THEIR COACHES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3649 -- Reps. Jennings, J. Harris and Kinon: A BILL TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE SCHOOL ADMINISTRATIVE AREAS OF MARLBORO COUNTY ARE ABOLISHED AND THEIR POWERS AND DUTIES DEVOLVED UPON THE MARLBORO COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE DEEMED TO ABOLISH THE ADMINISTRATIVE AREAS THEMSELVES.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3659 -- Rep. Cato: A BILL TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:
H. 3443 -- Labor, Commerce and Industry Committee: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.
Ordered for consideration tomorrow.
S. 563 -- Senator Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF, ONE OF THIS STATE'S MOST PROMINENT EDUCATORS, CARROLL FREDERICK REAMES OF ANDERSON, WHO DIED FRIDAY, FEBRUARY 10, 1995.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3331 -- Rep. Kirsh: A BILL TO REPEAL SECTION 40-60-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATE OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD.
H. 3576 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS TO TAKE STEP 3 OF THE UNITED STATES MEDICAL LICENSING EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1773, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 548 -- Senators Waldrep, Courtney, Wilson, Martin, O'Dell, Moore, Courson, Hayes and Stilwell: A BILL TO AMEND SECTION 12-7-1260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING EXPENDITURES FOR THE CHILD CARE CREDIT, SO AS TO INCLUDE DONATIONS TO NONPROFIT CORPORATIONS FOR PURPOSES OF ESTABLISHING A CHILD CARE PROGRAM.
S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.
S. 532 -- Senators J. Verne Smith, Drummond, Setzler, Leatherman, Giese, Reese, Lander, Elliott, Mescher, Martin, Alexander and Ryberg: A BILL TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.
H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator WILSON proposed the following amendment (GJK\21466SD.95), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding any other provision of law, the Board of Trustees of Lexington County School District 1 consists of seven members who, except for the 1995 special election, must be elected in nonpartisan elections to be held at the same time as the general election in even-numbered years beginning in 1996 in the manner hereinafter provided. Each member of the board must be a resident of the school district and shall be elected by the qualified electors of the school district. Except for the members elected in the 1995 special election, members of the board shall be elected for four-year terms and until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within six months of a regular trustee election. In this case, the vacancy must be filled for the remainder of the unexpired term or for a full term as appropriate at the next regular election.
Each member of the board must be elected by the qualified electors of the school district. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission, or with the clerk of court on forms furnished by the commission, which forms must be transmitted to the commission by the clerk of court. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the school district, and other information as the county election commission requires. The filing period opens on the first Tuesday in September at noon to run for two weeks.
The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. The expenses of the election must be paid by the district. The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
SECTION 2. Three members of the Board of Trustees of Lexington County School District 1 shall be elected in 1995 in a special election to be held as provided in Section 7-13-190 of the 1976 Code, and in accordance with the other filing and election requirements of general law for nonpartisan elections as they apply to this special election. The vacancies referred to in Section 7-13-190 for purposes of this special election shall be deemed to have occurred on the effective date of this act. These members shall be elected to fill the seats occupied by the three present members of the board whose terms were scheduled to expire in 1994, but who now serve in a holdover capacity because the 1994 election to elect their successors was enjoined by a court of competent jurisdiction. This special election must be conducted by the county election commission in the same manner provided in Section 1 of this act and the procedures therein provided apply to this special election, mutatis mutandis.
The three present members of the board serving in a holdover capacity shall serve until the three members elected in this 1995 special election qualify and take office, at which time these holdover members shall cease being members of the board. The members of the board elected at this special election in 1995 shall serve until their successors are elected in the 1998 election and qualify and take office, at which time their terms shall expire.
SECTION 3. Act 217 of 1993 is repealed.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Senator WILSON explained the amendment.
Senator SETZLER proposed the following amendment (GJK\21471SD.95), which was not adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding any other provision of law, beginning with the 1996 election, the Board of Trustees of Lexington County School District 1 consists of seven members who, except for the 1995 special election, must be elected in nonpartisan elections to be held at the same time as the general election in even-numbered years in the manner hereinafter provided. One member of the board must be a resident of Election District 1 established in Section 3 of this act, one member must be a resident of Election District 2, and five members must be residents of Election District 3. Each of these seven members shall be elected from the school district at large by the qualified electors of the school district. Except as otherwise provided herein, members of the board shall be elected for four-year terms and until their successors are elected and qualify. Four members of the board residing in Election District 3 shall be elected in 1996 for terms of four years each. The four current members of the board residing in and elected from the district at large whose terms are scheduled to expire in 1996 shall continue to serve until the four members residing in Election District 3 and elected in 1996 qualify and take office, at which time their terms shall expire. The member of the board from Election District 1, the member of the board from Election District 2, and one member of the board from Election District 3 shall be elected in the 1995 special election provided for in Section 2 of this act. These three members shall serve until 1998, at which time, their successors shall be elected in the 1998 election to serve for terms of four years each. The three current members of the board whose terms were scheduled to expire in 1994 but who now serve in a hold-over capacity because the 1994 election to elect their successors was enjoined by a court of competent jurisdiction shall serve until the three members elected in the 1995 special election qualify and take office, at which time these three hold-over members shall cease being members of the board. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within six months of a regular trustee election. In this case, the vacancy must be filled for the remainder of the unexpired term or for a full term as appropriate at the next regular election.
Each member of the board must be elected by the qualified electors of the school district. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission, or with the clerk of court on forms furnished by the commission which forms must be transmitted to the commission by the clerk of court. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district in which he resides and from which election is sought, and other information as the county election commission requires. The filing period opens on the first Tuesday in September at noon to run for two weeks.
The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. If no candidate offers for election from Election Districts 1 or 2 and thereafter no candidate is certified as elected from Election Districts 1 or 2 or if a sufficient number of candidates do not offer for election from Election District 3 and thereafter a sufficient number of candidates are not certified as elected from Election District 3 in any election, the board shall appoint the member or these members of the board to serve for the specified term. The expenses of the election must be paid by the district. The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
SECTION 2. The member of the board from Election District 1, the member of the board from Election District 2, and one member of the board from Election District 3 shall be elected in 1995 in a special nonpartisan election to be held on the second Tuesday in May of 1995 if the United States Department of Justice has precleared this special election under the federal voting rights act by the date the filing period opens in April as hereinafter provided, or if a court of competent jurisdiction has authorized this special election by this date. If the United States Department of Justice has not precleared this special election under the federal voting rights act by the date the filing period opens in April, or if a court of competent jurisdiction has not authorized this special election by this date, this special election must be held on the second Tuesday in September of 1995. These three members shall be elected to fill the seats occupied by the three present members of the board whose terms were scheduled to expire in 1994 but who now serve in a hold-over capacity because the 1994 election to elect their successors was enjoined by a court of competent jurisdiction. This special election must be conducted by the county election commission in the same manner provided in Section 1 of this act and the procedures therein provided apply to this special election mutatis mutandis, except that the filing period for this special election opens on the first Tuesday in April at noon to run for two weeks if the United States Department of Justice has precleared this special election under the federal voting rights act by this date, or if a court of competent jurisdiction has authorized this special election by this date. If such is not the case, the filing period for this special election opens on the first Tuesday in August at noon to run for two weeks.
The three present members of the board serving in a hold-over capacity shall serve until the three members elected in this 1995 special election qualify and take office, at which time these hold-over members shall cease being members of the board. The members of the board elected at this special election in 1995 shall serve until their successors elected in the 1998 election qualify and take office, at which time their terms shall expire.
SECTION 3. The three defined election districts from which members of the board of trustees of Lexington County School District 1 must reside are as follows: DISTRICT 1
Area Population
Lexington County
BOILING SPRINGS
Tract 0209.00
Blocks: 123, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 280, 281, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 622 1,344
Tract 0210.09
Blocks: 231, 232, 233, 234, 236, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 249, 250, 251, 252, 253, 254, 255, 256, 257 738
EDMUND
Tract 0209.00
Blocks: 185, 186, 187, 208, 209, 210, 211, 212, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 357, 363 1,356
FAIRVIEW 555
MACK EDISTO
Tract 0209.00
Blocks: 536, 537, 539, 540, 541, 542, 544, 545, 546, 547, 548, 549, 550, 551, 552, 567, 569, 570, 571, 572, 573, 574, 575, 576 145
PELION
Tract 0209.00
Blocks: 358, 360, 361, 362, 364, 365, 366, 367, 368, 371, 378, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 423, 424, 425, 435, 436, 437A, 437B, 437C, 438, 439, 440, 441, 442, 443, 444A, 444B, 444C, 445, 446, 447A, 447B, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 462, 463, 501, 502A, 502B, 502C, 503, 504A, 504B, 505A, 505B, 506A, 506B, 507A, 507B, 508A, 508B, 509A, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 538, 543, 584, 585, 601, 602, 603A, 603B, 603C, 603D, 604, 605, 606, 607, 618, 619, 620, 621, 623, 624A, 624B, 625, 626A, 626B, 626C, 626D, 626E, 626F, 626G, 626H, 626J, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636A, 636B, 636C, 636D, 637A, 637B, 637C, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 668, 669, 670, 671, 672, 673, 674A, 674B, 674C, 674D, 674E, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684 2,682
POND BRANCH
Tract 0213.00
Blocks: 901, 902, 903, 904, 905, 906, 907, 908, 909, 914, 915, 916, 917, 918, 919, 920, 921, 922, 940, 942, 943, 944, 945, 946, 953, 954, 958, 959, 960, 961, 962, 963, 964, 970, 971, 972, 973, 983, 984, 985, 991, 992, 996, 997 456
ROUND HILL
Tract 0210.04
Blocks: 238 2
SHARPES HILL
Tract 0209.00
Blocks: 356, 359, 369, 370, 373, 374, 375, 376, 377, 402, 403 160
DISTRICT TOTAL 7,438
DISTRICT 2
Area Population
Lexington County
BOILING SPRINGS
Tract 0213.00
Blocks: 817, 818, 819, 820, 868, 869, 870 280
CRAPPS STORE 589
GILBERT 1,671
HOLLOW CREEK
Tract 0213.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 192, 193, 194, 195, 196, 197, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 506, 507, 508, 509, 510, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545 1,636
LEESVILLE
Tract 0213.00
Blocks: 687, 688, 760, 761, 768, 769, 770, 771, 772, 773, 774, 775, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 790, 791, 792, 793, 794, 795, 796, 797 414
Tract 0214.00
Blocks: 669, 670, 701, 729, 730 50
POND BRANCH
Tract 0213.00
Blocks: 808, 809, 810, 811, 815, 816, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 886, 887, 888, 889, 890, 891, 897 1,234
RIDGE ROAD
Tract 0213.00
Blocks: 420, 421, 438, 439, 440, 441, 443 58
Tract 0214.00
Blocks: 112 15
ROUND HILL
Tract 0213.00
Blocks: 630, 641, 655, 658, 659, 660, 661 150
SUMMIT 1,307
DISTRICT TOTAL 7,404
DISTRICT 3
Area Population
Lexington County
BOILING SPRINGS
Tract 0210.09
Blocks: 213, 214, 215, 217, 218, 219, 220, 221, 226, 227, 228, 229, 230, 237 164
CROMER 6,290
EDMUND
Tract 0209.00
Blocks: 103, 104, 105, 106, 107, 111, 112, 113, 114, 116, 117, 118, 119, 120, 121, 122, 124, 125, 126, 127, 128, 129, 131, 194, 196, 197 681
EMMANUEL CHURCH
Tract 0210.08
Blocks: 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 601, 602, 603, 604, 605, 606, 613, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633 2,225
HOLLOW CREEK
Tract 0213.00
Blocks: 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 501, 502, 503, 504, 505, 511, 512, 513, 514, 515, 516, 517, 518 467
LAKE MURRAY 1,935
LAKESIDE 2,421
LEXINGTON 1 5,740
LEXINGTON 2 3,513
MOUNT HOREB 2,649
OLD BARNWELL STORE
Tract 0206.02
Blocks: 907A, 907B 340
Tract 0210.08
Blocks: 201, 202, 208, 209, 210, 211, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320 2,767
RED BANK SOUTH 2,777
RED BANK 5,117
ROUND HILL
Tract 0210.04
Blocks: 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 224, 225, 226, 227, 228, 229, 230, 233, 234, 235, 236, 237 829
Tract 0213.00
Blocks: 601, 602, 631, 632, 633, 634, 635, 636, 637, 638, 656, 657, 662, 801, 802 430
DISTRICT TOTAL 38,345
SECTION 4. If a member of the board of trustees of Lexington County School District 1 moves his residence from the election district in which he resided at the time of his election, his office becomes vacant automatically.
SECTION 5. Act 217 of 1993 is repealed.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Senator SETZLER explained the amendment.
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.
Senator SETZLER desired to be recorded as voting against the second reading of the Bill.
The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
H. 3575 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.
H. 3498 -- Reps. Breeland, Cobb-Hunter, Kelley, Scott, White, R. Smith, Howard, Govan, Wilder, Simrill, Wells, Richardson, Hines, Stoddard, Clyburn, Allison, McMahand, Neilson, L. Whipper, Cave, Shissias, Limbaugh, McKay, Keegan, Byrd, Stille, Anderson, Cain, Trotter, Sandifer, Davenport, Kinon, Mason, Phillips, Klauber, Limehouse, Jaskwhich, Fair, Huff, Herdklotz, Hutson, Elliott, Lloyd, Whatley, Walker, J. Brown, Rhoad, Cotty, Tripp, Wright, Moody-Lawrence, Williams and S. Whipper: A CONCURRENT RESOLUTION DECLARING THE WEEK OF MARCH 24-31, 1996, AS "SOUTH CAROLINA GLAUCOMA AWARENESS WEEK".
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3643 -- Rep. Harrison: A CONCURRENT RESOLUTION TO RECOGNIZE THE OUTSTANDING WORK PERFORMED BY THE CHIROPRACTIC PROFESSION IN THE UNITED STATES AND IN SOUTH CAROLINA ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY THIS YEAR AND TO DECLARE THURSDAY, MARCH 30, 1995, AS "SOUTH CAROLINA CHIROPRACTIC CENTENNIAL DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 42 -- Senators Courson, Rose, Wilson, Reese and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of Amendment No. 3, (JUD0042.004) proposed by Senators PASSAILAIGUE and RANKIN and previously printed in the Journal of Thursday, February 23, 1995.
On motion of Senator PASSAILAIGUE, with unanimous consent, the Joint Resolution was carried over, with Senator McCONNELL retaining the floor.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator McCONNELL proposed the following Amendment No. 1 (JUD0041.007), which was carried over:
Amend the committee report, as and if amended, page [41-2], line 41, in Section 17-25-45, as contained in SECTION 1, by inserting after /16-1-90(A)/ the following:
/and Section 16-1-10(D)/
Amend title to conform.
Senator COURTNEY spoke on the amendment.
On motion of Senator PATTERSON, with unanimous consent, the amendment was carried over.
Senator McCONNELL proposed the following Amendment No. 2 (JUD0041.008):
Amend the committee report, as and if amended, page [41-1], beginning on line 26, by striking the report in its entirety and inserting therein the following:
/SECTION 1. Section 17-25-45 of the 1976 Code is amended to read:
"(1)A. Notwithstanding any other provision of law, any person who has three convictions under the laws of this State, any other state, or the United States, for a violent crime as defined in Section 16-1-60 except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such crime, be sentenced to life imprisonment without parole.
(A) Notwithstanding any provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has one or more convictions for:
(1) a most serious offense;
(2) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or
(3) any combination of the offenses listed in items (1) and (2) above.
(B) Notwithstanding any provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more convictions for:
(1) a serious offense;
(2) a most serious offense;
(3) a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or
(4) any combination of the offenses listed in items (1), (2), and (3) above.
(C) As used in this section:
(1) 'Most serious offense' means:
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct
First degree
16-3-653 Criminal sexual conduct
Second degree
16-3-655 Criminal sexual conduct with minors
16-3-656 Assault with intent to commit criminal sexual conduct
16-3-910 Kidnapping
16-11-110(A) Arson
First degree
16-11-311 Burglary
First degree
16-11-330 Armed robbery
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy.
(2) 'Serious offense' means:
(a) those felonies enumerated in Section 16-1-90(A) which are not referenced in subsection (C)(1); and
(b) those felonies enumerated as follows:
16-3-85 Homicide by child abuse
(B)(1)
16-3-85 Aiding and abetting homicide by
(B)(2) Child abuse
16-3-210 Lynching
16-3-430 Killing in a duel
16-11-312(B) Burglary
Second degree
44-53-370 Trafficking in controlled substances
(e)
44-53-375 Trafficking in ice, crank, or crack cocaine
(C)(1)(c) 10 grams or more, but less than 28 grams
Third or subsequent offense
44-53-375 Trafficking in ice, crank, or crack cocaine
(C)(2)(c) 28 grams or more, but less than 100 grams
Third or subsequent offense
44-53-375 Trafficking in ice, crank, or crack cocaine
(C)(3) 100 grams or more, but less than 200 grams
44-53-375 Trafficking in ice, crank, or crack cocaine
(C)(4) 200 grams or more, but less than 400 grams
44-53-375 Trafficking in ice, crank, or crack cocaine
(C)(5) 400 grams or more
44-53-445 Distribute, sell, or manufacture, or possess
(B)(1) & with intent to distribute controlled substances
(2) within proximity of school.
(3) 'Conviction' means any conviction, guilty plea or plea of nolo contendere.
(D) No person sentenced pursuant to this section shall be considered for or granted early release pursuant to the provisions enacted to ameliorate prison overcrowding.
B. For the purpose of this section only, a conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.
(E) For the purpose of determining a conviction under this section only, where more than one included offense is committed within a one-day period, such multiple offenses must be treated for purposes of this section as one offense.
(2) The decision to invoke sentencing under subsection (1) shall be in the discretion of the solicitor."
SECTION 2. This act takes effect upon approval by the Governor./.
Amend title to conform.
On motion of Senator COURTNEY, the Bill was carried over.
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (GJK\21342SD.95), proposed by Senator DRUMMOND and previously printed in the Journal of Thursday, February 16, 1995.
On motion of Senator GIESE, the Bill was carried over.
Senator SETZLER, with unanimous consent, was granted leave to speak on the Bill.
At 10:35 A.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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