Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, 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, hear the data recorded by St. Luke, Chapter 24 (vv. 5-7) (NRSV):
"The women were terrified and bowed their
faces to the ground, but the men said to
them, 'Why do you look for the living among
the dead? He is not here, but has risen.
Remember how He told you, while He was
still in Galilee, that the Son of Man must
be handed over to sinners, and be crucified,
and on the third day rise again.' Then
they remembered..."
Let us pray.
Our Father-God, we join with a worldwide Christendom in giving thanks for what the message of the Resurrection can mean to a torn and suffering world!
Help us to realize that the Lord of our faith is alive forevermore!
May we remember, in every time of perplexity, that He is with us to guide and reassure us.
So, in a world of mystery, give us a living faith that there is a better world beyond this one of struggle and tears.
Indeed it impinges upon and interacts with our own!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 14, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1996, and to expire August 15, 2000:
At-Large:
Mr. J. Randolph Ayers, 1208 Walnut Grove - Pauline Road, Pauline, S.C. 29374 VICE C. Dan Joyner
Referred to the Committee on Labor, Commerce and Industry.
February 22, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 1993, and to expire June 30, 1997:
6th Congressional District:
Ms. Della A. Baker, 117 Haskell Avenue, Florence, S.C. 29501 VICE Gloria J. Harris (resigned)
Referred to the General Committee.
March 20, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, South Carolina Interagency Merit System Council, with term to commence June 30, 1992, and to expire June 30, 1997:
At-Large:
Mr. Leonard W. Mills, 409 Windy Road, Gilbert, S.C. 29054 VICE Dianne T. Poston
Referred to the Committee on Finance.
March 22, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1994, and to expire June 30, 1997:
At-Large:
Mr. John B. Heaton, 943 Calhoun Place, SE, Aiken, S.C. 29801-7213 VICE Linda C. Stern (resigned)
Referred to the General Committee.
March 26, 1996
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, South Carolina Interagency Merit System Council, with term to commence June 30, 1994, and to expire June 30, 1999:
At-Large:
Mr. Lucian Russell Rawls, Jr., 18-B The Heritage, 1829 Senate Street, Columbia, S.C. 29201
Referred to the Committee on Finance.
Senator ALEXANDER introduced Dr. Rose McDonald of Clemson, S.C., Doctor of the Day.
The following were introduced:
S. 1343 -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-225 SO AS TO PROVIDE THAT NO BANK, FINANCIAL ORGANIZATION, OR OTHER ENTITY ISSUING A CREDIT OR DEBIT CARD MAY HOLD OR BLOCK FROM THE UNDERLYING ACCOUNT OR LINE OF CREDIT MORE THAN ONE HUNDRED PERCENT OF THE AMOUNT OR VALUE OF ANY PURCHASE OR TRANSACTION ENTERED INTO BY THE HOLDER OR ANOTHER AUTHORIZED USER OF THE CREDIT OR DEBIT CARD.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1344 -- Senator Alexander: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSES, BY ADDING ARTICLE 79 SO AS TO PROVIDE FOR THE ISSUANCE OF CIVIL AIR PATROL LICENSE PLATES.
Read the first time and referred to the Committee on Transportation.
S. 1345 -- Senator McConnell: A BILL TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING OF THE SUBMARINE IN SOUTH CAROLINA IS ASSURED BY THE FEDERAL GOVERNMENT IN AN AGREEMENT.
Senator McCONNELL spoke on the Bill.
Read the first time and on motion of Senator McCONNELL, with unanimous consent, ordered placed on the Calendar without reference.
S. 1346 -- Senator McGill: A SENATE RESOLUTION TO HONOR THE MEMORY OF JAMES MCBRIDE DABBS, A MOST OUTSTANDING AND DISTINGUISHED UNIVERSITY OF SOUTH CAROLINA ALUMNUS, WRITER, PHILOSOPHER, AND THEOLOGIAN, ON THE OCCASION OF A SPECIAL FORUM ENTITLED "JAMES MCBRIDE DABBS AND THE SOUTHERN HERITAGE: A CENTENNIAL SYMPOSIUM" TO BE HELD APRIL 10 - 12, 1996.
The Senate Resolution was adopted.
S. 1347 -- Senator Peeler: A SENATE RESOLUTION TO COMMEND MR. PAUL B. DOBBINS, JR., A SALES EXECUTIVE WITH VULCAN MATERIALS COMPANY, FOR HIS MANY YEARS OF DISTINGUISHED SERVICE AS A BUSINESS AND CIVIC LEADER IN CHEROKEE COUNTY UPON THE OCCASION OF HIS RETIREMENT.
The Senate Resolution was adopted.
S. 1348 -- Senator McGill: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF JAMES MCBRIDE DABBS, A MOST OUTSTANDING AND DISTINGUISHED UNIVERSITY OF SOUTH CAROLINA ALUMNUS, WRITER, PHILOSOPHER, AND THEOLOGIAN, ON THE OCCASION OF A SPECIAL FORUM ENTITLED "JAMES MCBRIDE DABBS AND THE SOUTHERN HERITAGE: A CENTENNIAL SYMPOSIUM" TO BE HELD APRIL 10 - 12, 1996.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4880 -- Rep. Richardson: A CONCURRENT RESOLUTION CONGRATULATING MARGARET GIGNILLIAT CLAY ON BEING SELECTED THE JUNIOR ACHIEVEMENT SMALL BUSINESS STUDENT OF THE YEAR FOR RICHLAND COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
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 adopted, ordered returned to the House.
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.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3671 -- Rep. Askins: A BILL TO AMEND SECTION 12-36-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES TAX DUE ON THE SALE OF A MOTOR VEHICLE TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE, SO AS TO EXTEND THIS CALCULATION OF THE TAX DUE TO BOATS AND MOTORS SOLD TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE.
Read the first time and referred to the Committee on Finance.
H. 4445 -- Reps. Harrison, Baxley, Martin, D. Smith, Wofford, Jennings, Kelley and J. Young: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT ALL CONTESTED CASE PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE SHALL BE GOVERNED BY THE RULES OF PROCEDURE OF THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 1-23-330, RELATING TO EVIDENTIARY MATTERS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE STANDARD OF PROOF SHALL BE THE PREPONDERANCE OF THE EVIDENCE EXCEPT IN PROFESSIONAL LICENSING CASES IN WHICH THE STANDARD OF PROOF SHALL BE CLEAR AND CONVINCING EVIDENCE; TO AMEND SECTION 1-23-570, RELATING TO THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION BEING RESPONSIBLE FOR THE ADMINISTRATION OF THE DIVISION, SO AS TO PROVIDE THAT THE CHIEF JUDGE SHALL ASSIGN JUDGES TO HEAR ALL CASES RATHER THAN CONTESTED CASES COMING BEFORE THE DIVISION; TO AMEND SECTION 1-23-580, RELATING TO THE CLERK OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND OTHER SUPPORT STAFF, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE CHIEF JUDGE TO HIRE AND SUPERVISE CERTAIN SUPPORT STAFF, AND TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE AN ADMINISTRATIVE ASSISTANT AS INDIVIDUALLY ALLOTTED AND AUTHORIZED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THESE RULES AND THEIR PROMULGATION AND REVIEW; AND TO AMEND SECTION 48-39-160, AS AMENDED, RELATING TO JURISDICTION OF THE CIRCUIT COURT TO RESTRAIN VIOLATIONS OF COASTAL ZONE PROVISIONS, SO AS TO TRANSFER THIS JURISDICTION TO THE ADMINISTRATIVE LAW JUDGE DIVISION.
Read the first time and referred to the Committee on Judiciary.
H. 4537 -- Reps. Hutson, Cromer, Limehouse, Herdklotz, Seithel, R. Smith, Simrill, Littlejohn, Sharpe, Bailey, Young-Brickell, Wofford, Fulmer, Rhoad, Inabinett, Walker, Davenport, Witherspoon, Sandifer, Waldrop, Riser, Dantzler, Law, Allison, J. Harris and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES, TO CREATE A CRIMINAL OFFENSE WHEN A PERSON CONVICTED OF CERTAIN CRIMES APPLIES TO OR IS EMPLOYED BY A DAY CARE CENTER, TO REQUIRE EMPLOYMENT APPLICATIONS TO INCLUDE A STATEMENT REGARDING THE CRIMINAL OFFENSE, TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS, TO ALLOW TEMPORARY EMPLOYMENT PENDING RESULTS OF THE REVIEWS, AND TO WAIVE FINGERPRINT REVIEWS FOR PERSONS CONTINUOUSLY EMPLOYED IN DAY CARE CENTERS FOR ONE YEAR PRIOR TO THIS ACT'S EFFECTIVE DATE; BY ADDING SECTION 20-7-3092 SO AS TO EXEMPT FROM THE FINGERPRINT REVIEW REQUIREMENTS CERTIFIED EDUCATION PERSONNEL AND LICENSED FOSTER PARENTS WHO HAVE UNDERGONE FINGERPRINT REVIEWS; BY AMENDING SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS AMENDED, AND ALL RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS, AND RENEWALS, SO AS TO DELETE, FOR THE PURPOSE OF CONSOLIDATION, PROVISIONS RELATING TO EMPLOYMENT IN DAY CARE CENTERS; AND BY AMENDING SECTION 20-7-2905, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO PROHIBIT THE STATE LAW ENFORCEMENT DIVISION FROM CHARGING MORE THAN THE FEDERAL BUREAU OF INVESTIGATION FOR THESE REVIEWS.
Read the first time and referred to the Committee on Judiciary.
H. 4569 -- Reps. Gamble, Koon, Hallman, Lanford, Vaughn, Keegan, Boan, H. Brown and R. Smith: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT IN THE SOUTH CAROLINA RETIREMENT SYSTEM FOR MATERNITY LEAVE, SO AS TO DELETE THE REQUIREMENT THAT TO BE ELIGIBLE TO ESTABLISH SUCH CREDIT AN EMPLOYEE MUST NOT BE ABSENT FROM WORK FOR A PERIOD GREATER THAN TWO YEARS FOR EACH PREGNANCY.
Read the first time and referred to the Committee on Finance.
H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.
Read the first time and referred to the General Committee.
H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO PROVIDE REQUIREMENTS THAT THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION MUST SATISFY TO COMPLY WITH SUNSET REVIEW RECOMMENDATIONS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60.
Read the first time and referred to the Committee on Finance.
S. 991 -- Senator Saleeby: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", SO AS TO DELETE REFERENCE TO "DIVISION OF MOTOR VEHICLES" IN THE DEFINITION OF "AUTHORIZED AGENCY", ADD THE SPECIFIC NAMES OF CERTAIN STATE AGENCIES, AND INCLUDE ALL OTHER STATE BOARDS, COMMISSIONS, AND AGENCIES IN THAT DEFINITION; AND TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE STATE ATTORNEY GENERAL OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO DELETE REFERENCE TO THE "MOTOR VEHICLE DIVISION".
The House returned the Bill with amendments.
On motion of Senator SALEEBY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1341 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA AT SUMTER FOR OVER THIRTY YEARS OF SERVICE AS AN INSTITUTION OF HIGHER LEARNING SERVING SUMTER AND ITS SURROUNDING COMMUNITIES.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 1035 -- Senators McGill, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT NO COUNTY MAY BE BOUND BY ANY GENERAL LAW REQUIRING IT TO SPEND FUNDS OR TAKE AN ACTION REQUIRING THE EXPENDITURE OF FUNDS UNLESS THE GENERAL ASSEMBLY HAS DETERMINED THAT THE LAW REQUIRING THE EXPENDITURE FULFILLS A STATE INTEREST AND THE LAW REQUIRING THE EXPENDITURE IS APPROVED BY TWO-THIRDS OF THE MEMBERS VOTING IN EACH HOUSE OF THE GENERAL ASSEMBLY, SO AS TO DELETE THE GENERAL AND SPECIAL APPROPRIATIONS ACTS FROM THE EXEMPTIONS IN THIS SECTION.
Senator McGILL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
S. 1033 -- Senator Jackson: A BILL TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1331, SO AS TO ENACT THE "YOUTH MENTOR ACT", TO REQUIRE THE ATTORNEY GENERAL TO ESTABLISH A YOUTH MENTOR PROGRAM, CONSISTING OF A CHURCH MENTOR PROGRAM AND A COMMUNITY MENTOR PROGRAM, AND TO PROVIDE THAT PARTICIPATION IN THE PROGRAM MAY BE REQUIRED AS A PRETRIAL DIVERSION OPTION BY A SOLICITOR OR AS AN OPTIONAL, ALTERNATIVE DISPOSITION OF A CASE BY A FAMILY COURT JUDGE; AND TO AMEND SECTION 20-7-1330, RELATING TO DISPOSITION OF CASES INVOLVING CHILDREN WITHIN THE JURISDICTION OF THE FAMILY COURT, SO AS TO ADD AS A DISPOSITIONAL POWER OF THE COURT THE POWER TO ORDER A CHILD TO PARTICIPATE IN A COMMUNITY MENTOR PROGRAM AS PROVIDED IN SECTION 20-7-1331.
S. 1079 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-345 SO AS TO PROVIDE FOR BINDING ARBITRATION AS AN ALTERNATIVE DISPUTE RESOLUTION FOR SPECIFIC GRIEVANCES APPEALED UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURE; TO AMEND SECTION 8-17-310, RELATING TO LEGISLATIVE FINDINGS WITH RESPECT TO THE GRIEVANCE PROCEDURE, SO AS TO PROVIDE FOR RECOGNITION BY THE GENERAL ASSEMBLY THAT GRIEVANCE RESOLUTION IS BEST ACCOMPLISHED AT THE LOWEST LEVEL AND TO ENCOURAGE AGENCIES TO USE ALTERNATIVE DISPUTE RESOLUTION METHODS; TO AMEND SECTION 8-17-320, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO ADD, REVISE, AND DELETE DEFINITIONS IN CONFORMITY TO THE AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 8-17-330, AS AMENDED, RELATING TO AGENCY EMPLOYEE GRIEVANCES AND APPEALS, SO AS TO REDUCE THE TIME FOR FILING A GRIEVANCE AND REVISE ACTIONS WHICH QUALIFY AS GRIEVANCES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO SPECIFY WHAT APPEALS IT HEARS, TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL MEMBERS, AND TO PROVIDE FOR THE OPERATION OF AND REPRESENTATION BEFORE THE COMMITTEE; TO AMEND SECTION 8-17-350, RELATING TO APPEALS, SO AS TO CONFORM THE SECTION TO THE REVISED PROCEDURES PROVIDED IN THIS ACT AND TO PROVIDE FOR LEGAL ADVICE TO THE STATE HUMAN RESOURCES DIRECTOR; TO AMEND SECTION 8-17-360, RELATING TO MEDIATION AND PROCEDURES, SO AS TO CONFORM IT TO THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS ADDED BY THIS ACT AND THE METHOD OF HANDLING APPEALS BY A MEDIATOR; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM COVERAGE UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURES ACT, SO AS TO UPDATE THESE EXEMPTIONS TO CONFORM WITH EXEMPTIONS PROVIDED IN EXISTING LAW.
S. 1114 -- Senator Greg Smith: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.
S. 1327 -- Senators Holland, McGill and Giese: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT THE GOVERNOR SHALL NOT REAPPOINT A CURRENT MAGISTRATE WHO FAILED TO MEET THE TRAINING OR CERTIFICATION REQUIREMENTS TO A NEW TERM OR TO FILL A VACANCY IN AN EXISTING TERM.
Senator HOLLAND explained the Bill.
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.
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.
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.
H. 4841 -- Reps. Inabinett, Breeland, S. Whipper, Felder, Herdklotz, R. Smith, G. Brown, Stoddard, Kennedy, J. Hines, Townsend, Mason, 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.
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.
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.
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: 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 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 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.
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.
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 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:
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 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.
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.
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.
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.
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.
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.
On motion of Senator McCONNELL, Part F of Amendment No. 3 was carried over.
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.
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.
At 12:52 P.M., Senator MARTIN assumed the Chair.
Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.
At 1:16 P.M., the PRESIDENT assumed the Chair.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator SETZLER argued contra.
Senator McCONNELL spoke on the amendment.
Senator SETZLER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Fair Giese Gregory Hayes Holland Jackson Lander Leatherman Martin Matthews McGill Moore Peeler Rankin Reese* Russell Ryberg Saleeby Setzler Short Smith, G. Waldrep Washington Wilson
Ford Land Leventis McConnell Mescher O'Dell Passailaigue Patterson *Rose
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 5 (1195C004.ELP), which was adopted:
Amend the bill, as and if amended, by adding after line 23 on page 20 an appropriately numbered new section to read as follows:
/SECTION ___. Section 59-103-10 of the 1976 Code is amended to read:
"Section 59-103-10. There is created the State Commission on Higher Education. The commission shall consist of fourteen members appointed by the Governor. The membership must consist of one at-large member to serve as chairman, one representative from each of the six congressional districts, three members appointed from the State at-large, three representatives of the public colleges and universities, and one representative of the independent colleges and universities of South Carolina.
The membership of the Commission on Higher Education must be as follows:
(1) Nine members, six to represent each of the congressional districts of this State appointed by the Governor upon the recommendation of a the majority of the Senators and a majority of the members of the House of Representatives comprising of the legislative delegation members from the district and three members appointed from the State at-large upon the advice and consent of the Senate. Each representative of a congressional district must be a resident of the congressional district they represent. In order to qualify for appointment, the representatives from the congressional districts and those appointed at large must have experience in at least one of the following areas: business, the education of future leaders and teachers, management, or policy. A member representing the congressional districts or appointed at large must not have been, during the succeeding five years, a member of a governing body of a public institution of higher learning in this State and must not be employed or have immediate family members employed by any of the public colleges and universities of this State. These members must be appointed for terms of four years and shall not serve on the commission for more than two consecutive terms. However, the initial term of office for a member appointed from an even-numbered congressional district shall be two years.
If the boundaries of the congressional districts are changed, members serving on the commission shall continue to serve until the expiration of their current terms, but successors to members whose terms expire must be appointed from the newly defined congressional districts. If a congressional district is added, the commission must be enlarged to include a representative from that district.
(2) Three members to serve ex officio to represent the public colleges and universities appointed by the Governor with the advice and consent of the Senate. It shall not be a conflict of interest for any voting ex officio member to vote on matters pertaining to their individual college or university. One member must be serving on the board of trustees of one of the public senior research institutions, one member must be serving on the board of trustees of one of the four-year public institutions of higher learning, and one member must be a member of one of the local area technical education commissions or the State Board for Technical and Comprehensive Education to represent the State Board for Technical and Comprehensive Education. These members must be appointed to serve terms of two years with terms to rotate among the institutions.
(3) One ex officio member to represent the independent colleges and universities by the Governor upon the advice and consent of the Senate. The individual appointed must be serving as a member of the Advisory Council of Private College Presidents. This member must be appointed for a term of two years and shall serve as a nonvoting member.
(4) One at-large member to serve as chairman appointed by the Governor with the advice and consent of the Senate. This member must be appointed for a term of four years and may be reappointed for one additional term, however, he may serve only one term as chairman.
The Governor, by his appointments, shall assure that various economic interests and minority groups, especially women and blacks, are fairly represented on the commission and shall attempt to assure that the graduates of no one public or private college or technical college are dominant on the commission. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. All members of the commission shall serve until their successors are appointed and qualify."
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator SETZLER was recognized.
Senator DRUMMOND asked unanimous consent to make a motion, with Senator SETZLER retaining the floor, that the Senate stand adjourned.
There was no objection.
Debate was interrupted by adjournment, with Senator SETZLER retaining the floor.
At 1:55 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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