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 1550, Apr. 9 | Printed Page 1570, Apr. 9 |
Printed Page 1560 . . . . . Tuesday, April 9, 1996
SECOND READING BILL

WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

H. 4387 -- Reps. McElveen and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.

RECOMMITTED

H. 4387 -- Reps. McElveen and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator HOLLAND, with unanimous consent, the Bill was recommitted to the Committee on Judiciary.

SECOND READING BILL

The following Joint Resolution having been read the second time was ordered placed on the third reading Calendar:

S. 1328 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1889, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ADOPTED

H. 4841 -- Reps. Inabinett, Breeland, S. Whipper, Felder, Herdklotz, R. Smith, G. Brown, Stoddard, Kennedy, J. Hines, Townsend, Mason,

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Rice, Clyburn, Lloyd, Govan, Stuart, T. Brown, Sheheen, Wells, Hutson, Trotter, Riser, Robinson, Askins, Moody-Lawrence, McMahand, Seithel, Baxley, Carnell, Keyserling, Williams, Stille, D. Smith, Delleney, J. Harris, Keegan, Chamblee, Sandifer, Harrell, Whatley, Witherspoon, McCraw, Littlejohn, Phillips, Simrill, Marchbanks, Anderson, Waldrop, Jaskwhich, Easterday, Tripp, Meacham and Wilder: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 2, 1996) AS "LEGISLATIVE FAMILY DAY 1996" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND ASKING EACH MEMBER TO SHOW HIS OR HER APPRECIATION TO THEIR FAMILY MEMBERS AND FRIENDS ON THIS DAY.

The Concurrent Resolution was adopted, ordered returned to the House.

AMENDMENT PROPOSED, CARRIED OVER

S. 128 -- Senator Rankin: A BILL TO AMEND SECTION 56-1-460 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO DECREASE THE PERIOD OF INCARCERATION FROM SIXTY TO THIRTY DAYS FOR A SECOND OFFENSE, WHEN THE SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990, RELATING TO SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator RANKIN proposed the following amendment (JUD0128.004):

Amend the bill, as and if amended, page 1, line 32, in Section 56-1-460, as contained in SECTION 1, by striking item (2) in its entirety and inserting therein the following:

/(2) for the a second violation offense, fined five hundred dollars and or imprisoned for sixty consecutive days,. Violations for a second offense are triable in magistrate's court; and/

Amend title to conform.

On motion of Senator LANDER, the Bill was carried over.

Printed Page 1562 . . . . . Tuesday, April 9, 1996
AMENDMENT PROPOSED, CARRIED OVER

H. 3557 -- Rep. Kirsh: A BILL TO AMEND SECTION 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE REGISTRATION STATEMENTS WITH THE SECRETARY OF STATE UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO PROVIDE THAT ANY CIVIC ORGANIZATION WHICH IS TAX EXEMPT UNDER SECTION 501(c)(4) OF THE INTERNAL REVENUE CODE IS ALSO NOT REQUIRED TO FILE THESE REGISTRATION STATEMENTS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator COURTNEY proposed the following amendment (JUD3557.005):

Amend the bill, as and if amended, page 2, line 19, in Section 33-56-50(6), as contained in SECTION 1, by striking /Administrative Procedures Act/ and inserting therein:

/Freedom of Information Act/

Amend title to conform.

On motion of Senator PEELER, the Bill was carried over.

CARRIED OVER

S. 1187 -- Senator Passailaigue: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.

On motion of Senator PASSAILAIGUE, the Bill was carried over.

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:

Printed Page 1563 . . . . . Tuesday, April 9, 1996
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 FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE
Printed Page 1564 . . . . . Tuesday, April 9, 1996
FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.

Senator McCONNELL spoke on the Bill.

On motion of Senator RYBERG, the Bill was carried over.

H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel, Kelley, Trotter, Haskins, Simrill, Hutson, Wofford, Marchbanks, Cotty, Fair, R. Smith, Harrell, Stuart, Klauber, Walker and Sandifer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT; SECTION 8, ARTICLE V, RELATING TO THE COURT OF APPEALS; SECTION 13, ARTICLE V, RELATING TO THE JUDICIAL CIRCUITS AND THE COURTS THEREOF; SECTION 17, ARTICLE V, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES OF THE UNIFIED COURT SYSTEM; AND SECTION 18, ARTICLE V, RELATING TO VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, AND THE CIRCUIT COURT, SO AS TO PROVIDE THAT JUDGES OF THESE COURTS MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION; AND TO AMEND ARTICLE V OF THE CONSTITUTION OF THIS STATE RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO ESTABLISH THE SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE

Printed Page 1565 . . . . . Tuesday, April 9, 1996
CANDIDATES FOR THE ABOVE JUDICIAL OFFICES AND FOR JUDGES OF OTHER COURTS OF UNIFORM JURISDICTION AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

On motion of Senator BRYAN, the Resolution was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDED, DEBATE INTERRUPTED

S. 1195 -- Education Committee: 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 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 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, TO REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; AND TO REVISE SUCH PROVISIONS AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ON THE COMMISSION; (ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Amendment No. 3

Senator McCONNELL proposed the following Amendment No. 3 (1195R005.GFM):

Amend the bill, as and if amended, page 7, by striking lines 23 through 29 in their entirety and inserting in lieu thereof the following:

/Supplemental appropriations requests from any public institution of higher education must be submitted first to the commission. If the commission does not concur in the requests the affected institution may request a hearing on the requests before the appropriate committee of the

Printed Page 1566 . . . . . Tuesday, April 9, 1996
General Assembly. The commission may appear at the hearing and present its own recommendations and findings to the same committee./

Amend the bill further, as and if amended, page 8, by striking lines 5 and 6 and inserting in lieu thereof the following:

/individual institutions, or both, are final."/

Amend the bill further, as and if amended, page 9, by deleting lines 9 through 12 and inserting in lieu thereof the following:

/1999. This new funding formula also must be approved by the General Assembly./

Amend the bill further, as and if amended, page 9, line 19, by adding after the word /59-103-30/ and before the /./ the following:

/subject to approval by the General Assembly/

Amend the bill further, as and if amended, page 9, by deleting lines 41 through 43 and inserting in lieu thereof:

/Senate Finance Committee, and the State Budget and Control Board may refer to the commission for investigation, study and report any requests of institutions of higher/

Amend the bill further, as and if amended, page 10, line 4, by adding after the word /commission/ the following:

/or the General Assembly/.

Amend the bill further, as and if amended, page 10, line 27, by adding after the word /commission/ the following:

/or the General Assembly/.

Amend title to conform.

Senator SETZLER moved under Rule 18 to divide the question.

The PRESIDENT stated that the amendment was divisible.

The amendment was divided and the individual parts were considered as follows:

Part A

Senator McCONNELL proposed the following Part A to Amendment No. 3 (1195R028.GFM), which was adopted:

Amend the bill, as and if amended, page 7, by striking lines 23 through 29 in their entirety and inserting in lieu thereof the following:

/Supplemental appropriations requests from any public institution of higher education must be submitted first to the commission. If the commission does not concur in the requests the affected institution may request a hearing on the requests, before the appropriate committee of the

Printed Page 1567 . . . . . Tuesday, April 9, 1996
General Assembly. The commission may appear at the hearing and present its own recommendations and findings to the same committee./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained Part A of Amendment No. 3.

Part A of Amendment No. 3 was adopted.

Part B

Senator McCONNELL proposed the following Part B to Amendment No. 3 (1195R035.GFM), which was adopted:

Amend the bill, as and if amended, page 8, by striking lines 5 and 6 and inserting in lieu thereof:

/individual institutions, or both, are final."/

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained Part B of Amendment No. 3.

Part B of Amendment No. 3 was adopted.

Part C

Senator McCONNELL proposed the following Part C to Amendment No. 3 (1195R030.GFM), which was withdrawn:

Amend the bill, as and if amended, page 9, by deleting lines 9 through 12 and inserting in lieu thereof the following:

/1999. This new funding formula also must be approved by the General Assembly./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained Part C of Amendment No. 3.

On motion of Senator McCONNELL, with unanimous consent, Part C of Amendment No. 3 was withdrawn.

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Part D

Senator McCONNELL proposed the following Part D to Amendment No. 3 (1195R031.GFM), which was carried over:

Amend the bill, as and if amended, page 9, line 19, by adding after the word / 59-103-30 / and before the /./ the following:

/subject to approval by the General Assembly/

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained Part D of Amendment No. 3.

On motion of Senator McCONNELL, Part D of Amendment No. 3 was carried over.

Part E

Senator McCONNELL proposed the following Part E to Amendment No. 3 (1195R032.GFM), which was adopted:

Amend the bill, as and if amended, page 9, by deleting lines 41 through 43 and inserting in lieu thereof:

/Senate Finance Committee, and the State Budget and Control Board may refer to the commission for investigation, study, and report any requests of institutions of higher/

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained Part E of Amendment No. 3.

Part E of Amendment No. 3 was adopted.

Part F

Senator McCONNELL proposed the following Part F to Amendment No. 3 (1195R033.GFM), which was carried over:

Amend the bill, as and if amended, page 10, line 4, by adding after the word /commission/ the following:

/or the General Assembly/.

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained Part F of Amendment No. 3.

Printed Page 1569 . . . . . Tuesday, April 9, 1996
On motion of Senator McCONNELL, Part F of Amendment No. 3 was carried over.

Part G

Senator McCONNELL proposed the following Part G to Amendment No. 3 (1195R034.GFM), which was carried over:

Amend the bill, as and if amended, page 10, line 27, by adding after the word / commission / the following:

/or the General Assembly/.

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained Part G of Amendment No. 3.

On motion of Senator McCONNELL, Part G of Amendment No. 3 was carried over.

Amendment No. 4

Senator PASSAILAIGUE proposed the following Amendment No. 4 (1195C002.ELP), which was tabled:

Amend the bill, as and if amended, page 9, by striking lines 9 through 12 and inserting the following:

/1999. The commission must devise the formula so that it applies to a classification of the state's institutions of higher learning which separate classes are established as (1) research institutions and four year colleges and universities, (2) two year institutions and branches of the University of South Carolina, and (3) the state technical and comprehensive education system. The formula must be promulgated as a regulation of the commission in accordance with the provisions of Chapter 23 of Title 1 of the Code of Laws, the Administrative Procedures Act./

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

ACTING PRESIDENT PRESIDES

At 12:52 P.M., Senator MARTIN assumed the Chair.

Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.

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