1996 Permanent Senate Journal Printed Pages 2640-2650 - South Carolina Legislature Online

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

Page Finder Index

Printed Page 2630, May 14 | Printed Page 2650, May 14

Printed Page 2640 . . . . . Tuesday, May 14, 1996

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

On motion of Senator LAND, with unanimous consent, the Bill was ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1412 -- Senator Cork: A BILL TO AMEND SECTION 56-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, SO AS TO DEFINE `MOTOR VEHICLE'; TO AMEND SECTION 56-3-130, RELATING TO CERTAIN EXEMPTIONS FROM REGISTRATION, SO AS TO REQUIRE REGISTRATION OF BOAT TRAILERS UNDER TWENTY-FIVE HUNDRED; AND TO AMEND SECTION 56-3-700, RELATING TO THE REGISTRATION FEE FOR CERTAIN TRAILERS, SO AS TO REQUIRE THAT THE REGISTRATION FEE FOR BOAT AND LANDSCAPING TRAILER BE REMITTED TO THE COUNTY WHERE REGISTERED AND TO MANDATE THE PURPOSE FOR WHICH THESE FUNDS MAY BE EXPENDED.

Read the first time and referred to the Committee on Transportation.

S. 1413 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND BROOKLAND-CAYCE HIGH SCHOOL UPON BEING NAMED ONE OF THE BEST HIGH SCHOOLS IN AMERICA BY REDBOOK MAGAZINE IN ITS FIFTH ANNUAL AMERICA'S BEST SCHOOLS PROJECT.

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

S. 1414 -- Senators J. Verne Smith and Thomas: A CONCURRENT RESOLUTION TO EXPRESS DEEP CONCERN OF THE GENERAL ASSEMBLY REGARDING RECENT MIDDLE EASTERN TERRORIST THREATS AND DEMANDS AND TO CONDEMN THESE TYPES OF TERRORIST ACTIONS WHICH UNDERMINE THE PEACEFUL

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EXISTENCE OF PEOPLES OF ALL RACES, FAITHS, AND NATIONALITIES THROUGHOUT THE WORLD.

Senator J. VERNE SMITH spoke on the Resolution.

The question then was the adoption of the Concurrent Resolution.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 46; Nays 0

AYES

Alexander           Boan                Bryan
Cork                Courson             Courtney
Drummond            Elliott             Fair
Ford                Giese               Glover
Gregory             Hayes               Holland
Hutto               Jackson             Land
Lander              Leatherman          Leventis
Martin              Matthews            McConnell
McGill              Mescher             Moore
O'Dell              Passailaigue        Patterson
Peeler              Rankin              Reese
Richter             Rose                Russell
Ryberg              Saleeby             Setzler
Short               Smith, G.           Smith, J.V.
Thomas              Waldrep             Washington
Wilson

TOTAL--46

NAYS

TOTAL--0

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

H. 5009 -- Rep. Wilkins: A CONCURRENT RESOLUTION TO EXPRESS DEEP CONCERN OF THE GENERAL ASSEMBLY REGARDING RECENT MIDDLE EASTERN TERRORIST THREATS AND DEMANDS AND TO CONDEMN THESE TYPES OF TERRORIST ACTIONS WHICH UNDERMINE THE PEACEFUL

Printed Page 2642 . . . . . Tuesday, May 14, 1996

EXISTENCE OF PEOPLES OF ALL RACES, FAITHS, AND NATIONALITIES THROUGHOUT THE WORLD.

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

H. 5010 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING ABRAHAM (ABE) THOMY, OUTSTANDING AND WIDELY-RECOGNIZED PHOTOGRAPHER OF PROMINENT SOUTH CAROLINIANS AND OTHERS, FOR HIS MORE THAN FIFTY YEARS OF PORTRAITURE AND SERVICE TO THE CITIZENS OF THE PALMETTO STATE.

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

H. 5011 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE SPRINGWOOD LAKE AREA UNITED NEIGHBORS IN RICHLAND COUNTY FOR WINNING THE 1996 NEIGHBORHOOD OF THE YEAR AWARD AND TO EXTEND BEST WISHES TO THIS GROUP FOR MUCH CONTINUED SUCCESS IN THE FUTURE.

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

H. 5013 -- Reps. Stuart, Riser, Wright, Koon, Knotts, Spearman and Gamble: A CONCURRENT RESOLUTION CONGRATULATING PELION ELEMENTARY SCHOOL'S KNOWLEDGE MASTER TEAM

Printed Page 2643 . . . . . Tuesday, May 14, 1996

OF LEXINGTON COUNTY FOR PLACING FIRST IN THE STATE IN THE SPRING OPEN COMPETITION.

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

HOUSE CONCURRENCE

Returned with concurrence.

Received as information.

NONCONCURRENCE

S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO

Printed Page 2644 . . . . . Tuesday, May 14, 1996

AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.

The House returned the Bill with amendments.

On motion of Senator THOMAS, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 14, 1996, at 1:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R359) S. 501 -- Senator Gregory: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-110 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A MORATORIUM ON A CONSTRUCTION PROJECT FOR WHICH A PERMIT HAS BEEN GRANTED WITHOUT GIVING A TWO-WEEK NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE PROJECT IS LOCATED AND REQUIRE AT LEAST TWO READINGS WHICH ARE A WEEK APART BEFORE A MORATORIUM MAY BE IMPOSED.

(R360) S. 642 -- Senator Thomas: AN ACT TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SELF-INSURERS, AND DETERMINATION OF FINANCIAL RESPONSIBILITY, SO AS TO EXTEND FROM FIVE TO TEN DAYS THE NOTICE REQUIRED BEFORE A HEARING TO CANCEL SELF-INSURER STATUS FOR A PERSON OR COMPANY WITH MORE THAN TWENTY-FIVE REGISTERED VEHICLES AND TO REQUIRE THAT A COPY OF THE APPLICANT'S LATEST FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED TO DO BUSINESS IN SOUTH CAROLINA INDICATING THAT THE APPLICANT HAS A POSITIVE NET WORTH MUST BE SUBMITTED FOR A DETERMINATION OF FINANCIAL RESPONSIBILITY.

Printed Page 2645 . . . . . Tuesday, May 14, 1996

(R361) S. 699 -- Senator Richter: AN ACT TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO DELINQUENT TAX SALES, SO AS TO REQUIRE NOTICE TO THE DELINQUENT TAXPAYER OF ANY EXCESS DUE THE TAXPAYER FOR THE SUCCESSFUL BID AND TO PRESCRIBE THE METHOD OF THE NOTICE; AND TO AMEND SECTION 12-51-120, RELATING TO NOTICE REQUIRED OF THE END OF THE REDEMPTION PERIOD, SO AS TO CONFORM THE REFERENCE TO THE INTEREST RATE TO THE AMENDMENT CONTAINED IN THIS ACT.

(R362) S. 774 -- Senator Land: AN ACT TO AMEND SECTION 56-31-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND USE OF SURCHARGES IMPOSED UPON THE PRIVATE PASSENGER MOTOR VEHICLES RENTED FOR THIRTY-ONE DAYS OR LESS, AND TO CERTAIN REPORTS, VIOLATIONS, PENALTIES, REGULATIONS, AND FORMS PERTAINING TO THE COLLECTION OF THE SURCHARGES, SO AS TO PROVIDE THAT THE SURCHARGES ARE A SALES TAX THAT BELONGS TO THE STATE WHICH MUST BE PLACED IN A SEGREGATED ACCOUNT, THE SURCHARGES ARE NOT SUBJECT TO CERTAIN CREDITOR LIENS, AND ARE NOT GROSS RECEIPTS OR REVENUE, AND A PERSON OR ENTITY MAY NOT IMPOSE A FEE, PENALTY, OR EXPENSE ON INDIVIDUALS COMPLYING WITH THIS PROVISION, AND TO PROVIDE THAT CERTAIN RENTAL COMPANIES ARE NOT LIABLE FOR CERTAIN SURCHARGES.

(R363) S. 972 -- Senator Bryan: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS, McCORMICK, GREENWOOD, AND ABBEVILLE COUNTIES' TRANSPORTATION COMMITTEES.

(R364) S. 1033 -- Senator Jackson: AN ACT TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF

Printed Page 2646 . . . . . Tuesday, May 14, 1996

LAWS OF SOUTH CAROLINA, 1976, 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 FOR NONVIOLENT OFFENDERS, 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, AS AMENDED, 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.

(R365) S. 1043 -- Senators Short, Rose, Peeler, Richter, Greg Smith, Thomas, Mescher, Moore, J. Verne Smith, Courtney, Elliott, Holland, Reese, Leventis, McGill, Cork, Passailaigue, Rankin, Matthews, Waldrop, Washington, Lander, Jackson, O'Dell and Gregory: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE ALL INDIVIDUAL AND GROUP HEALTH INSURANCE AND HEALTH MAINTENANCE ORGANIZATION POLICIES TO PROVIDE PAYMENT FOR HOSPITALIZATION OF A MOTHER AND HER CHILD, IF AT THE DISCRETION OF THE ATTENDING PHYSICIAN IT IS MEDICALLY NECESSARY, FOR A PERIOD NOT TO EXCEED THE SECOND POSTPARTUM DAY, NOT INCLUDING THE DAY OF DELIVERY, AFTER A VAGINAL DELIVERY, OR THE THIRD POST-OPERATIVE DAY, NOT INCLUDING THE DAY OF SURGERY, AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.

(R366) S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: AN ACT TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF

Printed Page 2647 . . . . . Tuesday, May 14, 1996

PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR OTHER TRANSMISSION OR GENERATING FACILITIES OR FOR FACILITIES FOR DISTRIBUTION OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY, AND PROVIDE THAT A JOINT AGENCY MAY NOT ACQUIRE OR PURCHASE PROJECTS OR CAPACITY IF, AFTER PURCHASE OR ACQUISITION, THE JOINT POWER AGENCY WOULD OWN, CONTRACT FOR, OR CONTROL GENERATING RESOURCES EXCEEDING ONE HUNDRED EIGHTY-FIVE PERCENT OF THE MEMBER MUNICIPALITIES HISTORICAL TERRITORIAL PEAK, DELETE AS A DETERMINING FACTOR AS TO WHETHER IT IS BENEFICIAL TO THE JOINT AGENCY REFERENCES TO AN ELECTRICAL SUPPLIER SERVING THE COUNTIES OR COUNTY WITHIN WHICH ANY MEMBER MUNICIPALITIES ARE LOCATED; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, DELETE A REFERENCE TO SECTION 6-23-120, AND AUTHORIZE ANY PORTION OF A PROJECT TO BE ACQUIRED, PROVIDE FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY ELECTRIC SUPPLIER WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE, AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; TO AMEND SECTION 6-23-20, RELATING TO DEFINITIONS USED IN THE "JOINT MUNICIPAL ELECTRIC POWER AND ENERGY ACT", SO AS TO REDEFINE "ELECTRIC SUPPLIER" AND "PROJECT"; BY ADDING SECTION 6-23-235 SO AS TO MAKE A PORTION OF

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SECTION 6-21-400 NOT APPLICABLE TO A JOINT AGENCY ISSUING BONDS PURSUANT TO THE PROVISIONS OF CHAPTER 21 OF TITLE 6 (REVENUE BOND ACT FOR UTILITIES); BY ADDING SECTION 6-23-335 SO AS TO PROVIDE THAT NOTHING IN CHAPTER 23 OF TITLE 6 MAY BE INTERPRETED TO AUTHORIZE A JOINT AGENCY TO PROVIDE, DISTRIBUTE, MARKET, OR SELL ELECTRIC ENERGY OR SERVICE TO RETAIL CUSTOMERS; BY ADDING SECTION 6-23-340 SO AS TO PROVIDE THAT NOTHING IN THIS ACT SHALL BE DEEMED OR CONSTRUED TO AMEND, SUPPLEMENT, MODIFY, OR OTHERWISE ALTER OR AFFECT THE PROVISIONS OF CONTRACTS ENTERED INTO BY A JOINT AGENCY PRIOR TO THE EFFECTIVE DATE OF THIS ACT; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.

(R367) S. 1122 -- Senator Giese: A JOINT RESOLUTION EXTENDING THE DEADLINE FOR APPLYING FOR AGRICULTURAL USE VALUATION FOR PROPERTY TAX YEAR 1995 THROUGH JULY 1, 1996.

(R368) S. 1195 -- Education Committee: AN ACT TO AMEND SECTION 59-103-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MANNER IN WHICH CERTAIN MEMBERS THEREOF SHALL BE APPOINTED; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS IN PRIORITY ORDER FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION

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59-103-35, AS AMENDED, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S AND EACH INSTITUTION'S ANNUAL BUDGET REQUEST IS DETERMINED, TO PROVIDE CERTAIN EXCEPTIONS FOR CAPITAL IMPROVEMENT PROJECTS FUNDED BEFORE JULY 30, 1996, AND TO REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, TO PROVIDE THAT THE PROCESS TO BE FOLLOWED FOR THE CLOSURE, REDUCTION, EXPANSION, OR CONSOLIDATION OF AN INSTITUTION SHALL BE AS PROMULGATED IN REGULATIONS OF THE COMMISSION WHICH SHALL BE SUBMITTED TO AND APPROVED BY THE GENERAL ASSEMBLY, TO REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, TO PROVIDE THAT THE COMMISSION SHALL DEFINE MINIMUM ACADEMIC EXPECTATIONS FOR PROSPECTIVE POST-SECONDARY STUDENTS AND COMMUNICATE THESE EXPECTATIONS TO THE STATE BOARD OF EDUCATION, AND TO PROVIDE THAT THE COMMISSION SHALL ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO MAKE TECHNICAL CORRECTIONS; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE

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COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH A PUBLIC INSTITUTION'S CONSTRUCTION OR PURCHASE OF CERTAIN NEW FACILITIES OR REAL PROPERTY IS APPROVED, AND TO DELETE CERTAIN LANGUAGE RELATING TO THE APPLICABILITY OF THE SECTION; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION, AND TO DELETE THE REQUIREMENT THAT A POST-SECONDARY INSTITUTION PROVIDE HALF THE COST OF A PALMETTO FELLOWS SCHOLARSHIP; TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT; AND TO AMEND SECTION 95, PART II OF ACT 145 OF 1995, RELATING TO SINGLE-GENDER PROGRAMS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL NOT BE AUTHORIZED TO REQUIRE ANY CHANGE TO A COURT-APPROVED SINGLE-GENDER EDUCATION PROGRAM WHICH WOULD HINDER THE PROGRAM'S ABILITY TO PRODUCE A SUBSTANTIVELY COMPARABLE OUTCOME, AND TO REVISE THE EFFECTIVE DATE OF THIS SECTION.

Printed Page 2630, May 14 | Printed Page 2650, May 14

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