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Printed Page 1640, Apr. 10
| Printed Page 1660, Apr. 10
| Anderson Baxley Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Govan Harvin Hines, J. Hines, M. Howard Inabinett Jennings Lee Lloyd McElveen McMahand Moody-Lawrence Neal Robinson Scott Whipper, L. Whipper, S. White Williams Young
The following named Representatives voted for Judge Howard:
Askins Bailey Brown, H. Cain Chamblee Cotty Cromer Dantzler Davenport Elliott Felder Fulmer Hallman Harrell Harris, J. Hodges Hutson Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Law Limehouse Marchbanks Martin McKay McTeer Neilson Rhoad Rice Richardson Seithel Sheheen Shissias Smith, R. Stille Stuart Trotter Whatley
Wilkes Witherspoon Wofford Worley Wright Young-Brickell
Total number of Senators voting. . . . .42
Total number of Representatives voting. . . . .115
Grand Total. . . . .157
Necessary to a choice. . . . .79
Of which Judge Clary received. . . . .47
Of which Judge Gray received. . . . .40
Of which Judge Howard received. . . . .70
On motion of Rep. Canty, the name of the Honorable Ruben L. Gray was withdrawn from consideration.
On motion of Rep. D. Smith, the name of the Honorable Gary E. Clary was withdrawn from consideration.
Rep. Delleney moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable William L. Howard was elected Judge, Court of Appeals, Seat #2, for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned; whereupon, the Senate returned to its Chamber, and was called to order by its PRESIDENT.
At 2:20 P.M., by prior motion of Senator DRUMMOND, the Senate receded from business until 3:00 P.M.
The Senate reassembled at 3:00 P.M. and was called to order by the ACTING PRESIDENT, Senator MARTIN.
Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:
Alexander Boan Bryan Cork Fair Martin McConnell Mescher Moore Passailaigue Rankin Reese Rose Ryberg Setzler Short Smith, G. Waldrep Wilson It was ascertained that a quorum was not present.A quorum being present, the Senate resumed.Motion Adopted On motion of Senator MOORE, with unanimous consent, Senators COURTNEY, GLOVER, LAND, MOORE and RANKIN were granted leave of the Senate to attend a meeting, to be counted in any quorum calls, and to be notified upon the final roll call vote on S. 1195.Call of the Senate Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call: Alexander Boan Bryan Cork Courtney Drummond Fair Glover Land Lander Martin Matthews McConnell Mescher Moore Passailaigue Patterson Peeler Rankin Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Wilson
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,
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator SETZLER, with unanimous consent, Part F (Clause 6) (1195R033.GFM), proposed by Senator McCONNELL and previously printed in the Journal of Tuesday, April 9, 1996, was withdrawn.
On motion of Senator SETZLER, with unanimous consent, Part F1 to Amendment No. 3 was taken up for immediate consideration.
Senator McCONNELL proposed the following Part F1 of Amendment No. 3 (1195R023.GFM), which was adopted:
Amend the bill, as and if amended, page 10, line 3, by striking all language after / programs. / and continuing through line 5.
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 SETZLER, with unanimous consent, Part G (Clause 7) (1195R034.GFM), proposed by Senator McCONNELL and
On motion of Senator SETZLER, with unanimous consent, Part G1 to Amendment No. 3 was taken up for immediate consideration.
Senator McCONNELL proposed the following Part G1 of Amendment No. 3 (1195R036.GFM), which was adopted:
Amend the bill, as and if amended, page 10, by striking lines 21 through 30 in their entirety and inserting in lieu thereof the following:
/Section 59-103-110. No public institution of higher learning shall be authorized to construct or purchase any new permanent facility at any location other than on a currently approved campus or on property immediately contiguous thereto unless such new location and or purchase of improved or unimproved real property such new facility has been approved by the commission. Provided, that the provisions of this section shall not apply to the Trident Technical College property in Berkeley County or the new Palmer College site in Charleston County or Francis Marion College in Florence County."/
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.
Senator SETZLER asked unanimous consent to make a motion to take up Amendment No. 22 for immediate consideration.
There was no objection.
Senator McCONNELL proposed the following Amendment No. 22 (1195R038.GFM), which was adopted:
Amend the bill, as and if amended, page 9, by striking lines 22 and 23 and inserting in lieu thereof:
/submitted to and approved by the General Assembly./
Renumber sections to conform.
Amend title to conform.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator SETZLER, with unanimous consent, Part D (Clause 4) (1195R031.GFM), proposed by Senator McCONNELL and previously printed in the Journal of Tuesday, April 9, 1996, was withdrawn.
Senator RYBERG proposed the following Amendment No. 20 (1195R019.WGR), which was adopted:
Amend the bill, as and if amended, page 6, line 7, by inserting after the word /technology,/ the following:
/programs,/
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG moved that the amendment be adopted.
The amendment was adopted.
Senator MOORE proposed the following Amendment No. 24 (SBD\1195.003), which was adopted:
Amend the bill, as and if amended, on page 7, line 29 after the word /committee./ by adding the following:
/The provisions of this paragraph do not apply to any capital improvement projects funded in whole or in part prior to July 30,1996./
Amend title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator SHORT proposed the following Amendment No. 23 (1195R040.LHS), which was adopted:
Amend the bill, as and if amended, page 6, after line 40, by inserting the following:
/(D) Critical success factors developed and used for the purpose of funding recommendations shall be those which are directly related to the missions of the particular type of institution as outlined in Section 59-103-15(B) and not those factors which are not relevant to the success factors of the particular type of institution./
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.
Senator McCONNELL proposed the following Amendment No. 21 (1195C001.GFM):
Amend the bill, as and if amended, page 8, line 5, by adding after the word "final" the following language:
/until or unless modified by action of the General Assembly/
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
On motion of Senator McCONNELL, with unanimous consent, Amendment No. 21A was substituted for Amendment No. 21.
Senator McCONNELL proposed the following Amendment No. 21A (SBD\1195.001), which was adopted:
Amend the bill, as and if amended, page 8 by striking all language on lines 3 through 6 after the word /appeal./
Amend title to conform.
Senator McCONNELL moved that the amendment be adopted.
Senators PASSAILAIGUE, ROSE, O'DELL, McCONNELL, McGILL and SHORT proposed the following Amendment No. 25 (1195R042.ELP), which was adopted:
Amend the bill, as and if amended, page 22, line 11, by adding an appropriately numbered new section to read:
/SECTION . A. Section 59-145-20 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 59-145-20. The General Assembly shall annually provide such funding as may be necessary, under the auspices of the Commission on Higher Education, to establish and maintain approved single-gender offerings. , provided 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."
B. Subsection C of Part II, Section 95 of Act 145 of 1995, is repealed.
C. This SECTION takes effect July 1, 1996, and upon approval of a single-gender program by any court of competent jurisdiction./
Amend the bill further, as and if amended, page 22, by striking lines 12 and 13 and inserting the following:
/SECTION 12. Unless otherwise provided in this act, upon approval by the Governor, this act shall take effect July 1, 1996./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 17 (1195R016.ELP), previously carried over, which was withdrawn:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . A joint committee of the General Assembly is created consisting of the following members: the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the chairman
The joint committee shall retain an independent consultant or consulting firm with experience in the conduct of financial, management performance, and accountability audits and reviews for the purpose of conducting a comprehensive performance audit encompassing all aspects of higher education and the various institutions of higher learning. The audit shall focus on, but not be limited to:
(1) determining duplicate programs and services and recommending those which should be eliminated;
(2) the structure, organization, restructuring or reorganization of programs, policies, and procedures;
(3) evaluation of the application and use of technology to enhance or improve the efficiency of program performance;
(4) reallocation of personnel and financial resources to maximize the efficient and effective use of government resources;
(5) the personnel, activities, and budget of the Commission for Higher Education.
The joint committee shall supervise and coordinate the work of the consultant or consulting firm to produce a report which must be submitted to the General Assembly and the Governor no later than March 1, 1997. The joint committee shall be dissolved upon the publication of the report.
Funds necessary to pay for the expenses of the joint committee shall be drawn from the revenues credited to the Higher Education Scholarship Grants account of the Educational Assistance Endowment Fund. All expenses must be authorized and approved by the chairman of the joint committee. The members of this joint committee may not receive per diem, subsistence, mileage, or payments applicable to other state boards or commissions.
Any savings resulting from the decrease of appropriations or expenditures which occur as a result of the implementation of the recommendations in the report must be credited to the Higher Education Scholarship Grants account of the Educational Assistance Endowment Fund. Savings derived from an identifiable source directly related to a finding published in the performance audit must be credited to the Higher
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
On motion of Senator SETZLER, with unanimous consent, Amendment No. 17 was withdrawn.
At 5:13 P.M., on motion of Senator SETZLER, the Senate receded from business not to exceed three minutes.
At 5:06 P.M., the Senate resumed.
Senators PASSAILAIGUE, SETZLER and ROSE proposed the following Amendment No. 26A (SBD\1195.009), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION _____. A committee consisting of twelve members is to be appointed to conduct a performance audit of the public colleges and universities in South Carolina and the Commission on Higher Education. Four members each shall be appointed by the Speaker of the House of Representatives, President Pro Tempore of the Senate and the Governor. Members appointed are to have experience in at least one of the following areas: business, the education of future leaders and teachers, management, or policy.
The committee shall retain an independent consultant or consulting firm with experience in the conduct of financial, management performance and accountability audits and reviews for the purpose of conducting a comprehensive performance audit encompassing all aspects of higher education and the various institutions of higher learning. The audit conducted shall focus on, but not be limited to:
(1) determining duplicate programs and services and recommending those which should be eliminated;
(2) the structure, organization, restructuring or reorganization of programs, policies, and procedures;
(3) evaluation of the application and use of technology to enhance or improve the efficiency of program performance;
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