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 1560, Apr. 9 | Printed Page 1580, Apr. 10 |

Printed Page 1570 . . . . . Tuesday, April 9, 1996

PRESIDENT PRESIDES

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:

Ayes 31; Nays 8

AYES
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              
TOTAL--31

NAYS
Ford                 Land                 Leventis
McConnell            Mescher              O'Dell
Passailaigue         Patterson            *Rose
TOTAL--9

*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.


Printed Page 1571 . . . . . Tuesday, April 9, 1996

Amendment No. 5

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


Printed Page 1572 . . . . . Tuesday, April 9, 1996

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.


Printed Page 1573 . . . . . Tuesday, April 9, 1996

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.

ADJOURNMENT

At 1:55 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 1574 . . . . . Wednesday, April 10, 1996

Wednesday, April 10, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 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, hear words of praise to God written in Psalm 145 (vv. 15-16)(NRSV):

"The eyes of all look to You, and

You give them their food in due

season.

You open Your hand, satisfying the

desire of every living thing."
Let us pray.

Eternal God our Father: as we behold the gorgeous dress of Mother Nature, bedecked in the loveliness of her Spring attire, we see Your signature of beauty.

As we stand amazed before trees and shrubs that a few weeks ago seemed dead, now so alive, we see Your signature of life.

As we behold a world of people, some doing evil, but so many longing to do that which is right, we witness Your signature of goodness.

From these signatures help us to draw more closely, and become more acquainted with the Author of Beauty, Goodness, and Truth... the Creator of life... the Father of our Jesus Christ!

So grant us the gifts of Your Spirit for our life and work today, through Christ our Lord.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.


Printed Page 1575 . . . . . Wednesday, April 10, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 20, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointments

Reappointment, South Carolina Interagency Merit System Council, with term to commence June 30, 1994, and to expire June 30, 1999:

At-Large:

David Lee Mahrer, Ph.D, 734 Beckley Court, Lexington, S.C. 29072

Referred to the Committee on Finance.

Initial Appointment, Advisory Board of Trustees for the Veterans' Trust Fund of South Carolina, with term to commence September 15, 1995, and to expire at the pleasure of the Governor:

Organization:

Colonel William P. Collier, Jr., 216 Woodlands West Drive, Columbia, S.C. 29223-3379

Referred to the General Committee.


Printed Page 1576 . . . . . Wednesday, April 10, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

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

Statewide Appointment

Reappointment, State Agency of Vocational Rehabilitation, with term to commence March 15, 1996, and to expire March 15, 2003:

3rd Congressional District:

Mr. Harry Wilson Findley, 411 Shannon Way, Anderson, S.C. 29621

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

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

Statewide Appointment

Initial Appointment, South Carolina Residential Builders Commission, with term to commence June 30, 1994, and to expire June 30, 1998:

5th Congressional District-Bldr.:

Mr. Derrick G. Williams, Post Office Box 977, Lancaster, S.C. 29721 VICE Michael G. Williams


Printed Page 1577 . . . . . Wednesday, April 10, 1996

Referred to the Committee on Labor, Commerce and Industry.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 4, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointment, Greenwood County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:

Mr. Robert M. Haynie, 304 Lodge Drive, Greenwood, S.C. 29646

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 1996, and to expire March 15, 1998:

Mr. Herman Watson, 3905 Hill Street, Loris, S.C. 29569

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 5, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley


Printed Page 1578 . . . . . Wednesday, April 10, 1996

Local Appointments

Reappointments, Richland County Board of Voter Registration, with terms to commence March 15, 1996, and to expire March 15, 1998:

Ms. Gloria J. Wilson, 832 Rickenbaker Road, Columbia, S.C. 29205

Ms. Lillian A. McBride, 545 Trader Mill Road, Columbia, S.C. 29223

Ms. Rebecca McDuffie Brown, 3630 Ranch Road, #7-5, Columbia, S.C. 29206

Ms. Donna W. Nix, 6 Archdale Road, Columbia, S.C. 29209

Received as information.

Doctor of the Day

Senator McCONNELL introduced Dr. Robert Cain of Charleston, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator WASHINGTON, at 11:00 A.M., Senator JACKSON was granted a leave of absence for today.

S. 846 -- CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., April 9, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
asks for a Committee of Conference, and has appointed Reps. Carnell, Hallman and White of the committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators GIESE, REESE and FAIR of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.


Printed Page 1579 . . . . . Wednesday, April 10, 1996

HOUSE AMENDMENTS AMENDED

RETURNED TO THE HOUSE WITH AMENDMENTS

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.

The House returned the Bill with amendments.

Senator HOLLAND proposed the following amendment (JUD1101.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 39, in Section 7-5-10, as contained in SECTION 1, by striking lines 39 through 41 in their entirety and inserting therein the following:

/appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent/

Amend title to conform.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1349 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-185 SO AS TO PROVIDE CERTAIN INSTANCES IN WHICH


Printed Page 1580 . . . . . Wednesday, April 10, 1996

DEAD BOLT LOCKS REQUIRING A KEY FOR OPERATION ON BOTH SIDES MAY BE USED.

Read the first time and referred to the Committee on Labor, Commerce and Industry.


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