Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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Printed Page 1927 . . . . . Thursday, April 20, 1995

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

Printed Page 1928 . . . . . Thursday, April 20, 1995
The Judiciary Committee proposed the following amendment (JUD0264.019), which was adopted:

Amend the bill, as and if amended, page 29, beginning on line 4, by striking SECTION 10 In its entirety and inserting therein the following:

/SECTION 10. Section 1-30-10 (A) and (B) of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"(A) There are hereby created, within the executive branch of the state government, the following departments:

(1) Department of Agriculture;

(2) Department of Alcohol and Other Drug Abuse Services;

(3) Department of Commerce;

(4) Department of Corrections;

(5) Department of Disabilities and Special Needs;

(6) Department of Education;

(7) Department of Health and Environmental Control;

(8) Department of Health and Human Services;

(9) Department of Insurance;

(10) Department of Juvenile Justice;

(11) Department of Labor, Licensing, and Regulation;

(12) Department of Mental Health;

(13) Department of Natural Resources;

(14) Department of Parks, Recreation and Tourism;

(15) Department of Probation, Pardon and Parole and Pardon Services;

(16) Department of Public Safety;

(17) Department of Revenue and Taxation;

(18) Department of Social Services;

(19) Department of Transportation.

(B)(1) The governing authority of each department shall be either:

(i) a director, and or in the case of the Department of Commerce, the secretary, or in the case of the Department of Insurance, the commissioner, who must be appointed by the Governor with the advice and consent of the Senate, subject to removal from office by the Governor pursuant to provisions of Section 1-3-240; or,

(ii) a seven member board to be appointed and constituted in a manner provided for by law; or,

(iii) in the case of the Department of Agriculture and the Department of Education, the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State.

Printed Page 1929 . . . . . Thursday, April 20, 1995
(2) In making appointments to boards and for department directors, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State; however, consideration of these factors in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. The Governor in making the appointments provided for by this section shall endeavor to appoint individuals who have demonstrated exemplary managerial skills in either the public or private sector."

Amend the bill further, as and if amended, page 31, line 14, in Section 1-30-85, as contained in SECTION 14, by inserting after the word /Pardon/ the word /Services/.

Amend the bill further, as and if amended, page 33, beginning on line 8, in Section 2-13-240(a), as contained in SECTION 17, by striking lines 8 and 9 and inserting therein:

/a free set of its Code of Laws, one; Division of Aeronautics of the Department of Commerce, one;/.

Amend the bill further, as and if amended, page 57, line 21, in Section 12-4-50, as contained in SECTION 34, by striking /six/ and inserting therein /six four/.

Amend the bill further, as and if amended, page 73, beginning on line 11, by striking SECTION 52 in its entirety and inserting therein the following:

/SECTION 52. Section 12-36-1710(G) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(G) The Department of Revenue and Taxation and the Division of Aeronautics of the Department of Commerce may not issue a license or transfer of title without first procuring from the Department of Revenue and Taxation information showing that the excise tax has been collected. The Department of Natural Resources may not license any boat or register any motor without first procuring from the Department of Revenue and Taxation information showing that the excise tax has been collected."/.

Amend the bill further, as and if amended, page 75, line 33, in Section 12-37- 2680, as contained in SECTION 57, by striking /board's/ and inserting therein /auditor's/.

Amend the bill further, as and if amended, page 77, beginning on line 42, in Section 13-1-10(A), as contained in SECTION 60, by striking lines 42 and 43 and inserting therein the following:

/Savannah Valley Development, a Division of Aeronautics, a Division of Public Railways, and an/

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