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| Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Southern Reg. Project on Infant Mortality of the Southern Governors' Association and the Southern Legislative Conference to attend a luncheon and briefing in #208 Blatt Building on Wednesday, April 17, 1996, immediately upon adjournment and lasting until 2:00 P.M.
Courson Peeler Wilson Patterson Russell O'Dell Passailaigue McGill
NOT VOTING Matthews Rose
Senator COURSON from the Committee on Invitations submitted a favorable report on:
Courson Peeler Wilson Patterson Russell O'Dell Passailaigue McGill
NOT VOTING Matthews Rose
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Golf Association & S.C. Junior Golf Association to attend a reception at the Riverfront Pavilion, 300 Senate Street on Wednesday, April 24, 1996, from 8:00 until 9:00 P.M.
Courson Peeler Wilson Patterson Russell O'Dell Passailaigue McGill
Matthews Rose
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.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE
Senator McCONNELL explained the Bill.
H. 4666 -- Reps. Young-Brickell, H. Brown, Cato, Wofford and Law: 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.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LEATHERMAN proposed the following amendment (4666R002.HKL), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 38, and inserting in lieu thereof the following:
/for-profit or not-for-profit corporations, provided, however, that such for-profit corporations are subject to applicable federal and state taxes, and provided that such for-profit corporations shall not compete with any for-profit corporations incorporated in South Carolina. Any such corporation shall engage in an independent accounting firm to conduct an annual audit of its book and records."/.
Renumber sections to conform.
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 3557 -- Rep. Kirsh: A BILL TO AMEND SECTION 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (4666R002.HKL) proposed by Senator COURTNEY and previously printed in the Journal of Tuesday, April 9, 1996.
Senator COURTNEY explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House with amendments.
The following Joint Resolution was read the third time and ordered sent to the House of Representatives:
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.
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.
Senator RANKIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
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 explained the Bill.
On motion of Senator McCONNELL, with unanimous consent, S. 1345 was ordered to receive a third reading on Thursday, April 11, 1996.
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 recommitted to the Committee on Finance.
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
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
On motion of Senator RYBERG, 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 PASSAILAIGUE proposed the following Amendment No. 7 (1195R013.ELP), which was withdrawn:
Amend the bill, as and if amended, page 5, Section 59-103-30 as contained in SECTION 3 of the bill, by striking lines 13 and 17.
Amend title to conform.
Senator SETZLER argued contra to the adoption of the amendment.
On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 7 was withdrawn.
Senator PASSAILAIGUE proposed the following Amendment No. 8 (1195R006.ELP), which was adopted:
Amend the bill, as and if amended, page 6, by adding after line 40 the following:
/(C) The commission, when using the critical success factors for the purpose of funding recommendations for institutions of higher learning, is required to use objective, measurable criteria./.
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator DRUMMOND, with unanimous consent, the Senate receded from business to attend the Joint Assembly, and upon the conclusion of the Joint Assembly, the Senate would stand in recess until 3:00 P.M.
Debate was interrupted by recess.
At 11:55 A.M., the Senate stood in recess to attend the Joint Assembly.
Printed Page 1580, Apr. 10
| Printed Page 1600, Apr. 10
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