Printed Page 3230, May 9
| Printed Page 3250, May 9
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Printed Page 3230, May 9
| Printed Page 3250, May 9
| Rep. ROGERS proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\DKA\3992AC.95), which was tabled.
Amend the Report of the Committee on Agriculture, Natural Resources and Environmental Affairs, as and if amended, SECTION 2, page 3624-2, by inserting after the /./ on line 15:
/An environmental audit does not include an uninterrupted environmental audit./
Amend title to conform.
Rep. ROGERS explained the amendment.
Rep. SHARPE moved to table the amendment, which was agreed to.
Rep. ROGERS proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\GJK\21778AC.95), which was tabled.
Amend the bill, as and if amended, in Section 48-57-100, page 3624-6, by deleting /or/ on line 1; and by deleting line 3 and inserting:
/caused by violation; or
(6) the person reported the violation only after learning of an investigation or enforcement action being conducted by a government agency./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROGERS explained the amendment.
Rep. SHARPE moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Cain Carnell Cato Chamblee Cooper
Cotty Dantzler Davenport Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harvin Haskins Herdklotz Hines Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Mason McAbee McCraw Meacham Neilson Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Cobb-Hunter Cromer Delleney Hodges Howard Keyserling Kirsh Lloyd McTeer Moody-Lawrence Neal Phillips Richardson Rogers Scott Sheheen Shissias Thomas Whipper, L. Whipper, S. White
So, the amendment was tabled.
Rep. KEYSERLING proposed the following Amendment No. 12 (Doc Name
L:\council\legis\amend\JIC\5944AC.95), which was tabled.
/Section 48-57-65. If a determination is made pursuant to Sections 48-57-50(1) or 48-57-60(1) that the privilege was asserted for purposes of deception or evasion, the owner or operator of the facility may not assert the privilege provided for in Section 48-57-30 for a period of five years./
Amend totals and title to conform.
Rep. KEYSERLING explained the amendment.
Rep. SHARPE moved to table the amendment.
Rep. KEYSERLING demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, H. Cain Carnell Cato Cotty Dantzler Davenport Easterday Felder Fleming Fulmer Gamble Harrell Harris, J. Harrison Harvin Haskins Hines Huff Jennings Keegan Kelley Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Mason McAbee McCraw McKay Meacham Neilson Phillips Quinn Rice Riser Robinson Sandifer Sharpe Simrill Smith, R. Spearman Stuart Tripp Trotter Tucker Vaughn Walker Wells Wilkes Wilkins Wofford Wright Young, A.
Baxley Breeland Brown, G. Byrd Chamblee Cobb-Hunter Cooper Cromer Delleney Govan Hallman Herdklotz Hodges Howard Hutson Kennedy Keyserling Kirsh Lloyd McTeer Moody-Lawrence Neal Richardson Rogers Scott Seithel Sheheen Shissias Stoddard Thomas Whatley Whipper, L. Whipper, S. White Wilder Williams Witherspoon
So, the amendment was tabled.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fleming Gamble Hallman Harrell Harris, J. Harrison Harvin Haskins Herdklotz Hines Hodges Huff Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh
Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Martin Mason McAbee McCraw McKay McTeer Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Breeland Brown, J. Byrd Cobb-Hunter Govan Howard Kennedy Lloyd Moody-Lawrence Neal Rogers Scott Whipper, L. Whipper, S. White Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, May 10, which was adopted.
H. 3931 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF
The following Bill was taken up.
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21616SD.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. 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 which shall consist of nineteen members appointed by the Governor. Two members must be appointed by the Governor from each congressional district upon the recommendation of the majority of the legislative delegation members from the district. Six members must be appointed by the Governor from the State at large to represent the public colleges and universities with the advice and consent of the Senate. Equitable representation by sector must be given on the commission by appointing members from public senior research institutions, four-year public institutions of higher learning, and technical colleges or the State Board for Technical and Comprehensive Education. These six members must be members of the governing boards thereof and serve as ex officio members of the commission. These members shall be appointed as the terms of the six members appointed from the State at large expire. Members must be appointed for terms of four years and until their successors are appointed and qualify. No one member from the congressional districts is eligible to serve on the commission for more than two consecutive terms and those members who represent public colleges, universities, and technical colleges may not serve more than one term. A term served by a member which is less than a full four-year term must not be counted in determining when a member has served the maximum number of terms. No member from a congressional district may be an employee or member of a governing body of a public or private institution of higher learning in this State.
One ex officio member shall be appointed by the Governor with the advice
and consent of the Senate to represent the independent colleges and
universities. 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 four years, may not serve more than two consecutive terms, and
shall serve as a nonvoting member.
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. The chairman of the commission must be elected annually by the members of the commission and may not serve as chairman for more than four consecutive years. Members recommended by the General Assembly must be residents of the appropriate congressional district. If the boundaries of congressional districts are changed, members serving on the commission continue to serve until the expiration of their terms, but successors to members whose terms expire must be appointed from the newly defined congressional district. If a congressional district is added, the commission must be enlarged to include representation from that district. All members of the commission serving in office on the effective date of the provisions of this section providing for the appointment of members to represent public colleges, universities, and technical colleges shall continue to serve until their current terms expire."
SECTION 2. The 1976 Code is amended by adding:
"Section 59-103-45. In addition to the powers, duties, and functions of the Commission on Higher Education as provided by law, the commission, notwithstanding any other provision of law to the contrary, shall have the following additional duties and functions with regard to the various public institutions of higher education:
(1) establish procedures for the transferability of courses at the undergraduate level between two-year and four-year institutions or schools;
(2) coordinate with the State Board of Education in the approval of secondary education courses for the purpose of determining college entrance requirements; and
(3) review undergraduate admissions standards for in-state and out-of-state
students."
"Section 59-103-60. The commission shall make such recommendations to the State Budget and Control Board Governor's Office, and the General Assembly as to policies, programs, curricula, facilities, administration, and financing of all state-supported institutions of higher learning as may be considered desirable. The House Ways and Means Committee, the 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 learning for new or additional appropriations for operating and for other purposes and for the establishment of new or expanded programs."
SECTION 4. Section 59-103-90 of the 1976 Code is amended to read:
"Section 59-103-90. An executive director must be appointed by the commission to manage and carry out the duties of the commission as prescribed by law and assigned by the commission. The executive director is not subject to the State Grievance Procedure Act of 1982 and may be dismissed without cause.
A professional staff complement shall be established by the Commission on recommendation of the executive director which who shall insure ensure that there are persons on the staff who have the professional competence and experience to carry out the duties assigned and to insure ensure that there are persons on the staff who are familiar with the problems and capabilities of all of the principal types of state-supported institutions in the State. Provision shall be made for persons of high competence and strong professional experience in such the areas as of academic affairs, public service and extension programs, business and financial affairs, institutional studies and long-range planning, student affairs, research and development, legal affairs, health affairs, institutional development, and for state and federal programs administered by the commission. The hiring of additional staff members to any position for which funds were not specifically appropriated by the General Assembly shall require prior approval by the General Assembly."
SECTION 5. A joint legislative committee to study the governance and operation of higher education in South Carolina and the institutional structures of higher education is established as follows:
(1) four members of the committee shall be appointed by the Speaker of the House of Representatives from that body and four members shall be appointed by the President Pro Tempore of the Senate from that body. At least one member of the committee appointed by the Speaker of the
Printed Page 3230, May 9
| Printed Page 3250, May 9
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