Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God Who has opened unto us another day of living and service, help us to use each golden moment of it to the fullest and best. Teach us to know that great occasions for serving God and mankind come seldom, but little ones surround us constantly. Grant that we may follow Your leading with a certain confidence and hope, assured that the future is as bright as the promises of God. Give us the forward and upward look that we may grasp our every responsibility with a resolute determination and an whole-hearted dedication.
Enable us to hear constantly the wisdom of Proverbs which tells us: "Keep your heart with diligence; for out of it are the issues of life" (Proverbs 4:23). Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. WILDER moved that when the House adjourns it adjourn in memory of Dr. E.L. White, educator from Allendale County, which was agreed to.
The question of a quorum was raised.
A quorum was later present.
The following were received.
Document No. 1422
Promulgated By Department of Health and Environmental Control
Environmental Health Fees to Test Milk, Milk Products, and Frozen Desserts
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs April 3, 1992
120 day review expiration date August 1, 1992
Withdrawn April 22, 1992
Document No. 1501
Promulgated By Board of Chiropractic Examiners
Replacing all existing rules and regulations
Received By Speaker April 16, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs April 16, 1992
120 day review expiration date August 14, 1992
Withdrawn April 22, 1992
Received as information.
The following was received.
Columbia, S.C., April 21, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 610:
S. 610 -- Senators Rose, McGill, Reese and Thomas: A BILL TO AMEND SECTION 44-53-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF PROPERTY OBTAINED THROUGH OR USED FOR TRANSACTIONS INVOLVING ILLEGAL CONTROLLED SUBSTANCES, SO AS TO PROVIDE FOR PUBLIC DISCLOSURE OF PROPERTY SEIZED AND TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM USING FORFEITED PROPERTY FOR PERSONAL PURPOSES; AND TO AMEND SECTION 44-53-530, AS AMENDED, RELATING TO DISPOSITION OF PROCEEDS OF SALES, SO AS TO PROVIDE FOR DOCUMENTATION AND PUBLIC DISCLOSURE OF THE USE OF SEIZED PROPERTY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. L. ELLIOTT presented the Mullins High School Lady Auctioneers, Winners of the 1992 Girls' Class AA State Basketball Championship, and coaches.
Rep. L. ELLIOTT presented the City of Mullins Junior Boys' Basketball Team, Winners of the 1992 State Recreational League Championship and coaches.
The following was introduced:
H. 4779 -- Rep. Harrelson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF GAYLORD DONNELLEY OF COLLETON COUNTY, NATIONALLY KNOWN CONSERVATIONIST WHOSE DONATIONS OF LAND IN THE LOWCOUNTRY GAVE IMPETUS TO THE ACE BASIN INITIATIVE IN THE STATE, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1489 -- Senators Passailaigue, Macaulay, McConnell, Fielding, Martschink, Mullinax, O'Dell, Washington, Carmichael, Bryan, Cork, Courson, Courtney, Drummond, Giese, Gilbert, Robert W. Hayes Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Martin, Matthews, McGill, Mitchell, Moore, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF COLONEL WILLIAM RHETT RISHER OF CHARLESTON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4780 -- Rep. Jaskwhich: A BILL TO AMEND TITLE 32, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR A BILL OF SALE ON PERSONAL PROPERTY.
Referred to Committee on Labor, Commerce and Industry.
H. 4781 -- Reps. Keyserling and White: A BILL TO AMEND ACT 589 OF 1986, AS AMENDED, RELATING TO THE BOARD OF EDUCATION FOR BEAUFORT COUNTY, SO AS TO REVISE THE MANNER IN WHICH AND DISTRICTS FROM WHICH THE MEMBERS OF THE BOARD ARE ELECTED BEGINNING WITH THE 1992 ELECTION.
On motion of Rep. KEYSERLING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4782 -- Rep. Gentry: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SALUDA COUNTY SCHOOL DISTRICT NO. 1, SOUTH CAROLINA, THE GOVERNING BODY OF THE SALUDA COUNTY SCHOOL DISTRICT NO. 1, SOUTH CAROLINA, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000), TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
On motion of Rep. GENTRY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1388 -- Senator Land: A BILL TO AMEND SECTION 4-9-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS OF THE ANNUAL AUDIT OF THE OFFICES OF COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ARE APPLICABLE FOR TAX YEARS BEGINNING AFTER DECEMBER 31, 1992; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO MANDATED POWERS AND DUTIES OF THE TAX COMMISSION, SO AS TO PROVIDE FOR DISCLOSURE OF NET TAXABLE SALES TO AUTHORITIES OF A COUNTY OR MUNICIPALITY; TO AMEND SECTION 12-4-730, RELATING TO DECLARATION AND CERTIFICATION OF EXEMPTIONS AND VOIDING OF TAX NOTICES BY AUDITORS, SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-7-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE INCOME TAX, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND SECTION 12-7-640, RELATING TO NET INCOME OF PUBLIC SERVICES CORPORATIONS, SO AS TO PROVIDE FOR THE APPORTIONMENT OF INCOME DERIVED FROM THE OPERATION OF A SHIPPING LINE; TO AMEND SECTIONS 12-7-1510, 12-7-1640, AS AMENDED, 12-19-20, AS AMENDED, 12-19-150, 33-31-50, AND 33-35-50, RELATING TO PERSONS REQUIRED TO FILE TAX RETURNS, SO AS TO ELIMINATE THE FILING REQUIREMENTS OF EXEMPT ORGANIZATIONS EXCEPT WHERE TAX ON UNRELATED BUSINESS INCOME IS DUE; TO REPEAL SECTION 33-35-150, RELATING TO ANNUAL REPORTS OF CERTAIN NONPROFIT CORPORATIONS; TO AMEND SECTION 12-7-1675, AS AMENDED, RELATING TO FAILURE TO FILE TAX RETURNS, SO AS TO ALLOW THE COMMISSION TO ISSUE ASSESSMENTS AGAINST CORPORATIONS THAT HAVE BEEN ADMINISTRATIVELY DISSOLVED YET CONTINUE TO FILE RETURNS; TO AMEND SECTIONS 12-7-1680, 12-9-670, AND 12-54-240, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO CHANGE THE RECORDS RETENTION SCHEDULES TO SIX YEARS; TO AMEND SECTIONS 12-7-2415 AND 12-7-2416, RELATING TO TAX CHECK-OFFS FOR WILDLIFE AND THE CHILDREN'S TRUST FUND RESPECTIVELY, SO AS TO RESTRICT SUCH CHECK-OFFS TO INDIVIDUAL INCOME TAX RETURNS ONLY; TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO FURTHER PROVIDE FOR EXEMPTIONS FROM THE WITHHOLDING REQUIREMENTS; TO AMEND SECTION 12-9-420, RELATING TO THE LIABILITY OF A WITHHOLDING AGENT FOR FAILING TO WITHHOLD OR PAY THE TAX DUE, SO AS TO DEFINE WITHHOLDING AGENT; TO AMEND SECTION 12-16-20, RELATING TO THE ESTATE TAX, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND THE 1976 CODE, BY ADDING SECTION 12-21-2575 SO AS TO ALLOW FOR OTHER METHODS OF ACCOUNTING FOR ADMISSIONS OTHER THAN TICKETS; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN-OPERATED DEVICES OR MACHINES, SO AS TO EXEMPT FROM THE COIN OPERATED DEVICE LICENSES AND TAXES CERTAIN MACHINES SUBJECT TO THE ADMISSIONS TAX; TO AMEND SECTION 12-31-420, RELATING TO CALCULATING THE AMOUNT OF FUEL USED BY A MOTOR CARRIER, SO AS TO REVISE THE METHOD OF CALCULATING AMOUNTS OF FUEL USED; TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, AS AMENDED, 12-36-2560, AND 12-36-2650, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE TAX COMMISSION IS NOT REQUIRED TO USE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S RECOMMENDATIONS WHEN VALUATING POLLUTION CONTROL PROPERTY, TO REQUIRE CERTAIN NOTIFICATION TO THE TAX COMMISSION RATHER THAN THE COUNTY AUDITOR, TO DEFINE NONPROFIT HOUSING CORPORATIONS AND ENSURE THAT PROPERTY IS USED EXCLUSIVELY FOR THE ELDERLY AND HANDICAPPED, AND TO EXEMPT ALL INVENTORY FROM THE TAX EFFECTIVE AS OF A SPECIFIED DATE; TO AMEND SECTION 12-37-2650, AS AMENDED, RELATING TO ISSUANCE OF TAX NOTICES FOR VEHICLES, SO AS TO INFORM TAXPAYERS OF THEIR APPEAL RIGHTS WHEN THEIR PERSONAL PROPERTY IS ASSESSED BY THE COUNTY AUDITOR IN ACCORDANCE WITH TAX COMMISSION REGULATIONS; TO AMEND SECTION 12-39-180, RELATING TO PROPERTY TAX, SO AS TO PROVIDE FOR A UNIFORM MINIMAL ASSESSMENT; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAXES, SO AS TO EXTEND THE TIME FOR FILING FOR THE FOUR PERCENT RATIO APPLICABLE TO AN OWNER-OCCUPIED LEGAL RESIDENCE FROM MAY FIRST OF THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED TO ANY TIME BEFORE THE FIRST PENALTY DATE FOR TAXES DUE FOR THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED, TO REVISE THE DATE FOR THE PUBLISHING OF NOTICES, AND TO MAKE THE EXTENDED DATE APPLY FOR TAX YEARS BEGINNING AFTER 1990; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-335 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE COMMISSION SHALL ASSESS THE PROPERTY OF MERCHANTS AND RELATED BUSINESSES; TO AMEND SECTION 12-47-70, AS AMENDED, RELATING TO THE ABATEMENT OR REFUND OF INCURRED PROPERTY TAXES, SO AS TO PROVIDE A REFUND PERIOD OF THREE YEARS FROM THE DATE THE TAXES COULD HAVE BEEN PAID WITHOUT A LATE PAYMENT PENALTY; TO AMEND SECTION 12-54-80, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO REVISE THE MANNER IN WHICH THE SIX-YEAR STATUTE OF LIMITATIONS FOR UNDERREPORTED TAXES MAY BE ADMINISTERED; TO AMEND SECTION 12-54-225, RELATING TO THE AUTHORITY OF THE COMMISSION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE MUTUAL EXCHANGE OF TAX INFORMATION, SO AS TO MAKE IT POSSIBLE FOR THE COMMISSION TO COMPLY WITH THE LAW IF INFORMATION EXCHANGED WITH OTHER STATES IS MISUSED; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH THE TAX COMMISSION BY EMPLOYEES AND AGENTS OF THE COMMISSION AND STATE AUDITOR'S OFFICE PROHIBITED, SO AS TO PROVIDE FOR CERTAIN ADDITIONAL EXCEPTIONS; TO AMEND SECTION 12-54-420, AS AMENDED, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO ALLOW POLITICAL SUBDIVISIONS TO PARTICIPATE; TO AMEND SECTION 27-18-20, RELATING TO CHECKS OR DRAFTS MAILED TO AN OWNER AND RETURNED UNDELIVERABLE OR NOT PRESENTED FOR PAYMENT, SO AS TO DEFINE UNCLAIMED PROPERTY FOR PURPOSES OF THE SECTION; TO REPEAL SECTION 11-5-110, RELATING TO THE WRITING-OFF OF UNPAID CHECKS BY THE STATE TREASURER; TO AMEND SECTION 33-15-300, RELATING TO EQUAL TREATMENT FOR FOREIGN AND DOMESTIC CORPORATIONS FOR ADMINISTRATIVE CLOSINGS, SO AS TO INCLUDE FAILURE TO PAY INCOME TAXES AS A REASON FOR A CORPORATION TO BE DISSOLVED; TO AMEND SECTION 40-60-30, RELATING TO REAL ESTATE APPRAISERS, SO AS TO PROHIBIT STATE REGISTERED REAL ESTATE AGENTS FROM PERFORMING APPRAISALS FOR AD VALOREM TAX OR ESTATE TAX APPRAISALS; TO AMEND SECTION 40-60-50, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD, SO AS TO PROVIDE THAT ONE MEMBER MUST BE AN EMPLOYEE OF A STATE AGENCY EMPLOYING PERSONS REQUIRED TO BE LICENSED OR CERTIFIED PURSUANT TO CHAPTER 60 OF TITLE 40; TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN BINGO REVENUE MUST BE DISTRIBUTED; AND TO PROVIDE THAT FOR THE CALENDAR YEAR OF 1992, PERSONNEL FROM THE ASSESSOR'S OFFICE AND THE PROPERTY DIVISION WILL NOT BE REQUIRED TO ATTEND PRESCRIBED COURSES THE CALENDAR YEAR OF 1992 IF THEY HAVE TAKEN AT LEAST TWO REQUIRED COURSES DURING THE 1991 CALENDAR YEAR.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1484 -- Senators J. Verne Smith, Leatherman, Stilwell, Mitchell, Drummond, Macaulay, McConnell, Peeler, Thomas, Russell, Reese and Courtney: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 1992-93 ONLY, THE FIRST TWENTY MILLION DOLLARS RATHER THAN THE FIRST TEN MILLION DOLLARS IN SHIMS TAX REVENUES MUST BE CREDITED TO THE ECONOMIC DEVELOPMENT ACCOUNT AND USED FOR A SPECIAL ECONOMIC DEVELOPMENT PROJECT AND TO PROVIDE THAT IF THE ADDITIONAL REVENUES ARE NOT NEEDED FOR THE PROJECT, THE TEN MILLION DOLLARS REVERT TO THE SHIMS FUND.
On motion of Rep. KIRSH, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1485 -- Senator Reese: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE DISTRICT.
Referred to Spartanburg Delegation.
The following was introduced:
H. 4783 -- Rep. Harrelson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENACT THE AMENDMENT TO THE OLDER AMERICANS ACT WHICH RAISES THE EXEMPTION TO ONE THOUSAND DOLLARS FOR MONEY EARNED AND WHICH WOULD BENEFIT POLL MANAGERS IN THE UPCOMING ELECTIONS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Fulmer Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Lanford Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, April 22.
Maggie Glover Samuel Foster Juanita White Danny Bruce C. Lenoir Sturkie Stephen Gonzales Robert Barber Thomas Huff Larry Gentry Roland Corning Doug McTeer Larry Koon Timothy Rogers
STATEMENTS OF ATTENDANCE
Reps. BOAN and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 21.
Announcement was made that Dr. Kenneth Smith of Anderson is the Doctor of the Day for the General Assembly.
Rep. R. YOUNG moved to adjourn debate upon the following Bill until Thursday, April 23, which was adopted.
H. 4700 -- Reps. Holt, J. Bailey, Whipper, Hallman, Barber, Fulmer, Rama, Inabinett, D. Martin, Gonzales and R. Young: A BILL TO REQUIRE THE BUDGET OF THE CHARLESTON COUNTY PARKS AND RECREATION COMMISSION TO BE SUBMITTED TO AND APPROVED BY THE CHARLESTON COUNTY COUNCIL ANNUALLY FOR THE UPCOMING FISCAL YEAR ON A DATE DETERMINED BY COUNCIL.
The following Joint Resolution was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW REFUNDS OR CREDITS FOR FEES REMITTED ON EXEMPT CONTRACTS, AND TO AUTHORIZE THE COMMISSION TO PRESCRIBE FORMS AND PROCEDURES FOR CLAIMING THE REFUND OR CREDIT.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4105 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 44 SO AS TO ESTABLISH THE SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY FUND TO PROVIDE FUNDS TO AID DEVELOPMENTALLY DISABLED, MENTALLY ILL, AND PHYSICALLY HANDICAPPED PERSONS.
H. 4336 -- Reps. Barber and Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-170 SO AS TO REQUIRE THE DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, TO SOLICIT, COMPILE, AND ANNUALLY DISTRIBUTE TO STATE AGENCIES AND THE GENERAL ASSEMBLY THE INITIATIVE, ACTIVITIES, ACHIEVEMENTS, AND RESULTS OF THE TOTAL QUALITY MANAGEMENT PLAN.
Rep. SNOW moved to adjourn debate upon the following Bill until Thursday, April 23, which was adopted.
H. 4420 -- Reps. G. Brown, Baxley, Riser, Bennett, Kennedy, Council, McLeod and McKay: A BILL TO AMEND SECTION 46-41-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF DEALERS AND HANDLERS OF AGRICULTURAL PRODUCTS, SO AS TO REVISE THE DEFINITION OF "AGRICULTURAL PRODUCTS" TO INCLUDE COTTON, THEREBY MAKING DEALERS IN COTTON SUBJECT TO THESE REGULATORY PROVISIONS.
The following Bill was taken up.
H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.
Rep. BAXLEY objected to the Bill.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2388.AC), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 1-23-15. No condition or requirement of a permit or license issued by a state agency may be enforced unless that condition or requirement is promulgated as a regulation pursuant to this article."
SECTION 2. The 1976 Code is amended by adding:
"Section 1-23-115.(A) A state agency must submit to the State Budget and Control Board a preliminary assessment report on those regulations defined in Section 1-23-10(4)(b). Upon receiving this report and obtaining additional information available from the promulgating agency and any other information needed from other sources, the Budget and Control Board shall prepare and publish a final assessment report within sixty days of receiving the preliminary report. The Budget and Control Board shall forward the final assessment report and a summary of the report to the promulgating agency.
(B) An assessment report must disclose the effects of the proposed regulation on the economic and social welfare of the community and state and the effects of the economic activities arising out of the proposed regulation and must include:
(1) a description of the regulation, the purpose of the regulation, the legal authority for the regulation, and the plan for implementing the regulation;
(2) a determination of the need for the regulation and the expected benefit of the regulation;
(3) a determination that the regulation is the most cost-effective method for achieving the stated purpose;
(4) a determination of the cost-benefit relation of the regulation and a comparison of that cost-benefit relation to the cost-benefit relation resulting from not promulgating a regulation to achieve the stated purpose;
(5) a determination that the regulation represents the most efficient allocation of public and private resources to achieve the stated purpose;
(6) the effect of the regulation on competition;
(7) the effect of the regulation on the cost of living and doing business in the geographical area in which the regulation would be implemented;
(8) the effect of the regulation on employment in the geographical area in which the regulation would be implemented;
(9) the source of revenue to be used for implementing and enforcing the regulation;
(10) a conclusion on the short-term and long-term economic impact upon all persons substantially affected by the regulation, including an analysis containing a description of which persons will bear the costs of the regulation and which persons will benefit directly and indirectly from the regulation;
(11) the uncertainties associated with the estimation of particular benefits and burdens and the difficulties involved in the comparison of qualitatively and quantitatively dissimilar benefits and burdens.
An assessment report must not consider benefits or burdens on out-of-state political bodies or businesses. The assessment of benefits and burdens which cannot be precisely quantified may be expressed in qualitative terms. This subsection must not be interpreted to require numerically precise cost-benefit analysis.
(C) If information required to be included in the assessment report materially changes at any time before or after a regulation is approved by the General Assembly, the agency must submit the corrected information to the Budget and Control Board which must forward a revised assessment report to the Legislative Council for submission to the committees to which the regulation was referred during General Assembly review.
(D) An assessment report is not required on regulations:
(1) specifically exempt from General Assembly review by Section 1-23-120; however, if any portion of a regulation promulgated to maintain compliance with federal law is more stringent than federal law, then that portion is not exempt from this section;
(2) emergency regulations filed in accordance with Section 1-23-130; however, before an emergency regulation may be refiled pursuant to Section 1-23-130, an assessment report must be prepared in accordance with this section;
(3) nondiscretionary ministerial action by an agency which complies with applicable statutes and regulations;
(4) an action or activity of an agency which is required by law to be confidential;
(5) expenditures of money from trust funds which previously have been designed by the General Assembly for a specific purpose."
SECTION 3. Section 1-23-10(4) of the 1976 Code is amended to read:
"(4) 'Regulation' means each agency statement:
(a) of general public applicability that implements or prescribes law or policy or practice requirements of any the agency;
(b) describing an agency action or activity, which may have substantial economic impact upon a person. Substantial economic impact may occur through a series of agency decisions which individually may not have substantial economic impact but which cumulatively have substantial economic impact.
The term includes the amendment or repeal of a prior regulation but does not include descriptions of agency procedures applicable only to agency personnel; opinions of the Attorney General; decisions or orders in rate making, price fixing, or licensing matters; awards of money to individuals; policy statements or rules of local school boards; regulations of the National Guard; decisions, orders or rules of the Probation, Parole and Pardon Board of Probation, Parole and Pardon Services; orders of the a supervisory or administrative agency of any a penal, mental, or medical institution, in respect to the institutional supervision, custody, control, care, or treatment of inmates, prisoners, or patients therein in the institution; decisions of the governing board of any a university, college, technical college, school, or other educational institution with regards to curriculum, qualifications for admission, dismissal and readmission, fees and charges for students, conferring degrees and diplomas, employment tenure and promotion of faculty and disciplinary proceedings; decisions of the State Human Affairs Commission relating to firms or individuals; and advisory opinions of any agencies an agency; and other agency actions relating only to specified individuals."
SECTION 4. Section 1-23-110 of the 1976 Code, as last amended by Act 91 of 1989, is further amended to read:
"Section 1-23-110. (a) This section applies only to the promulgation of regulations as defined in item (4) of Section 1-23-10 and is subject to the additional requirements of Section 1-23-120.
(b) (A) Before the promulgation, amendment, or repeal of a regulation, an agency shall:
(1) give notice of a drafting period by publication of a notice in the State Register. The notice shall must include the time when, the place where, and the manner in address to which interested persons may present their views submit written comments during the initial drafting procedures period before the regulations are submitted as proposed;
(2) submit to the State Budget and Control Board a preliminary assessment report prepared in accordance with Section 1-23-115 on regulations defined in Section 1-23-10(4)(b);
(2)(3) give at least thirty days' notice of intended action and opportunity of oral hearing that the agency will receive data, views, or arguments, orally and in writing, from interested persons on proposed regulations by publication of a notice in the State Register. The notice must include:
(a) the address to which written comments must be sent and the time period of not less than thirty days for submitting these comments;
(b) the date, time, and place of a public hearing which must not be held sooner than thirty days from the date the notice is published in the State Register;
(c) either the text or a synopsis of the proposed regulation,;
(d) the statutory authority for its promulgation, the time when, the place where, and the manner in which interested persons may present their views on it and;
(e) a preliminary fiscal impact statement prepared by the agency reflecting estimates of costs to be incurred by the State and its political subdivisions in complying with the proposed regulation. This requirement of A preliminary fiscal impact statement does is not apply to required for those regulations which are not subject to General Assembly review under the provisions of Section 1-23-120. The notice;
(f) the summary of the final assessment report prepared pursuant to Section 1-23-115 by the State Budget and Control Board and notice that copies of the final report are available from the agency. The agency may charge a reasonable fee to cover the costs associated with this distribution requirement. A regulation that does not require an assessment report because it does not come within the definition of Section 1-23-10(4)(b), must include a statement to that effect. A regulation exempt pursuant to Section 1-23-115(D) from filing an assessment report must include an explanation of the exemption.
(B) Notices required by this section must be mailed by the promulgating agency to all persons who have made timely requests of the agency for advance notice of proposed promulgation of regulations.
(3) afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. Opportunity for oral hearing, which may not be held sooner than thirty days from the date of publication of the notice in the State Register, must be granted if requested by twenty-five persons, by a governmental subdivision or agency, or by an association having not less than twenty-five members.
(C) The agency shall consider fully all written and oral submissions respecting the proposed regulation.
(C)(D) A proceeding to contest any a regulation on the ground of noncompliance with the procedural requirements of this section must be commenced within one year from the effective date of the regulation."
SECTION 5. Section 1-23-120 of the 1976 Code, as last amended by Act 91 of 1989, is further amended to read:
"Section 1-23-120. (A) All regulations except those specifically exempted under this article section must be submitted to the General Assembly for review in accordance with the provisions of the this article, but no regulation may be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110(b).
(B) To initiate the process of review, the agency shall file with the President of the Senate and the Speaker of the House of Representatives:
(1) a copy of any the regulations promulgated along with;
(2) a request for review; and
(3) a brief synopsis of the regulations submitted explaining the content and any changes in existing regulations resulting from the regulations;
(4) a copy of the final assessment report and the summary prepared by the State Budget and Control Board pursuant to Section 1-23-115. A regulation that does not require an assessment report because it does not come within the definition of Section 1-23-10(4)(b), must include a statement to that effect. A regulation exempt pursuant to Section 1-23-115(D) from filing an assessment report must include an explanation of the exemption;
(5) a copy of the preliminary fiscal impact statement prepared by the agency as required in Section 1-23-110(b)(2).
(C) Upon receipt of the request, the President and Speaker reviewing the request shall submit it for consideration to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it must be given to each member of the committee. The committees to which regulations are referred have one hundred twenty days from the date regulations are submitted to the General Assembly to consider and take action on these regulations so referred and determine their actions on the regulations. However, if a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation by the appropriate committee, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting. Only those calendar days occurring during sessions of the General Assembly are included in computing the days elapsed.
(D) If a joint resolution to approve a regulation is not enacted within one hundred twenty days after submission the regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulation is effective upon publication in the State Register. Upon introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, the one-hundred-twenty-day period for automatic approval is tolled. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred. Upon a negative vote by either the Senate or House of Representatives on the resolution disapproving the regulation and the notification in writing of the negative vote to the Speaker of the House of Representatives and the President of the Senate by the clerk of the house in which the negative vote occurred, the remainder of the period begins to run. If the remainder of the period is less than ninety days, additional days must be added to the remainder to equal ninety days. The introduction of a joint resolution by the committee of either house does not prevent the introduction of a joint resolution by the committee of the other house to either approve or disapprove the regulations concerned. A joint resolution approving or disapproving a regulation must include:
(1) the synopsis of the regulation as provided for in subsection (B);
(2) a summary of the assessment report prepared by the State Budget and Control Board pursuant to section 1-23-115 or the statement or explanation as required in subsection (B).
(E) The one-hundred-twenty-day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor.
(F) Any member may introduce a joint resolution approving or disapproving a regulation or group of regulations thirty days following the date the regulations concerned are submitted to a standing committee for review and no committee joint resolution approving or disapproving the regulations has been introduced and the regulations concerned have not been withdrawn by the promulgating agency pursuant to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic approval.
(G) General Assembly review is not required for regulations promulgated:
(1) to maintain compliance with federal law including, but not limited to, grant programs; however, the synopsis of the regulation required to be submitted by subsection (B) must include citations to federal law, if any, mandating the promulgation of or changes in the regulation justifying this exemption; Review also is not required for regulations promulgated
(2) by the state Board of Financial Institutions in order to authorize state-chartered banks, state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that are authorized pursuant to Section 34-1-110.; Review is not required for regulations promulgated
(3) by the South Carolina Tax Commission to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code of 1954.;
(4) as emergency regulations under Section 1-23-130.
All regulations submitted to the General Assembly for approval must have attached to them a brief synopsis or analysis of the regulations submitted explaining the content and any changes in existing regulations resulting from the regulations. The synopsis or analysis must include citations of federal law, if any, mandating changes in the regulations. The one-hundred-twenty-day period of review provided for in this section does not begin to run until the synopsis or analysis is attached to regulations submitted.
(H) Notwithstanding the provisions of this section, a regulation which is required to have an assessment report pursuant to Section 1-23-115 must be approved by joint resolution within one hundred twenty days of the filing of the regulation with the President of the Senate and the Speaker of the House or it is deemed disapproved. In calculating these days, the only tolling may occur pursuant to withdrawal of the regulation in accordance with Section 1-23-125, mutatis mutandis.
(I) For purposes of this section, only those calendar days occurring during a session of the General Assembly, excluding special sessions, are included in computing the days elapsed."
SECTION 6. Section 1-23-130 of the 1976 Code is amended to read:
"Section 1-23-130. (a)(A) If any an agency finds that an imminent peril to public health, safety, or welfare requires immediate promulgation of an emergency regulation prior to before compliance with the procedures prescribed in this article, or if a natural resources related agency finds that abnormal or unusual conditions, immediate need, or the state's best interest requires immediate promulgation of emergency regulations to protect or manage natural resources, the agency may file the regulation with the Legislative Council along with:
(1) the regulation;
(2) a statement of the situation requiring immediate promulgation and;
(3) the Governor's statement verifying the emergency if required by subsection (B) or a statement that no verification is needed.
The regulation shall become becomes effective as of the time of filing.
(B) However, if an emergency regulation comes within the definition of Section 1-23-10(4)(b), the Governor must agree that an emergency exists and a statement of the Governor verifying the emergency must be submitted with the regulation at the time of filing. The regulation is effective upon filing. Emergency regulations filed under this subsection may not be refiled under subsection (C) unless accompanied by a summary of the assessment report.
(C) If emergency regulations are promulgated either filed or expire while the General Assembly is in session, the emergency regulations shall remain in effect for ninety days only and may not be renewed under the provisions of this section refiled; but if emergency regulations are promulgated both filed and expire during a time when the General Assembly is not in session they may be renewable refiled for an additional ninety days if the General Assembly is not in regular session at the expiration of the ninety day period.
(b)(D) Emergency regulations and the agency statement as to the necessity of immediate promulgation must be published in the next issue of the State Register following the date of filing. A summary of the assessment report required for refiling emergency regulations pursuant to subsection (B) must also be published in the next issue of the State Register.
(c)(E) Any emergency regulations promulgated pursuant to this section may be permanently promulgated by complying with the requirements of this article."
SECTION 7. The amendments to Article 1, Chapter 23, Title 1, as contained in this act, apply to those regulations for which a notice of drafting pursuant to Section 1-23-110 is filed subsequent to this act's effective date.
SECTION 8. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment and moved to table the amendment, which was agreed to.
Reps. WILKINS and BOAN proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BR1\2579.AC).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 1-23-115.(A) A regulation that has a substantial economic impact must have an assessment report prepared pursuant to this section and promulgated in accordance with the procedures contained in this article.
(B) A state agency must submit to the State Budget and Control Board, Division of Research and Statistical Services, a preliminary assessment report on regulations which have a substantial economic impact. Upon receiving this report the division may require additional information from the promulgating agency, other state agencies, or other sources. A state agency shall cooperate and provide information to the division on requests made pursuant to this section. The division shall prepare and publish a final assessment report within forty-five days of the public hearing held pursuant to Section 1-23-110 or within forty-five days of the agency's submission of the requested additional information, whichever is later. The division shall forward the final assessment report and a summary of the final report to the promulgating agency.
(C) An assessment report required by this section must disclose the effects of the proposed regulation on the economic welfare of the community and state and the effects of the economic activities arising out of the proposed regulation and must include:
(1) a description of the regulation, the purpose of the regulation, the legal authority for the regulation, and the plan for implementing the regulation;
(2) a determination of the need for the regulation and the expected benefit of the regulation;
(3) a determination that the regulation is the most cost-effective method for achieving the stated purpose;
(4) a determination of the cost-benefit relation of the regulation and a comparison of that cost-benefit relation to the cost-benefit relation resulting from not promulgating a regulation to achieve the stated purpose;
(5) a determination that the regulation represents the most efficient allocation of public and private resources to achieve the stated purpose;
(6) the effect of the regulation on competition;
(7) the effect of the regulation on the cost of living and doing business in the geographical area in which the regulation would be implemented;
(8) the effect of the regulation on employment in the geographical area in which the regulation would be implemented;
(9) the source of revenue to be used for implementing and enforcing the regulation;
(10) a conclusion on the short-term and long-term economic impact upon all persons substantially affected by the regulation, including an analysis containing a description of which persons will bear the costs of the regulation and which persons will benefit directly and indirectly from the regulation;
(11) the uncertainties associated with the estimation of particular benefits and burdens and the difficulties involved in the comparison of qualitatively and quantitatively dissimilar benefits and burdens.
An assessment report must not consider benefits or burdens on out-of-state political bodies or businesses. The assessment of benefits and burdens which cannot be precisely quantified may be expressed in qualitative terms. This subsection must not be interpreted to require numerically precise cost-benefit analysis.
(D) If information required to be included in the assessment report materially changes at any time before or after the regulation is approved by the General Assembly, the agency must submit the corrected information to the division which must forward a revised assessment report to the Legislative Council for submission to the committees to which the regulation was referred during General Assembly review.
(E) An assessment report is not required on:
(1) regulations specifically exempt from General Assembly review by Section 1-23-120; however, if any portion of a regulation promulgated to maintain compliance with federal law is more stringent than federal law, then that portion is not exempt from this section;
(2) emergency regulations filed in accordance with Section 1-23-130; however, before an emergency regulation may be refiled pursuant to Section 1-23-130, an assessment report must be prepared in accordance with this section;
(3) nondiscretionary ministerial action by an agency which complies with applicable statutes and regulations;
(4) an action or activity of an agency which is required by law to be confidential;
(5) expenditures of money from trust funds which previously have been designed by the General Assembly for a specific purpose;
(6) regulations which control the hunting or taking of wildlife including fish or setting times, methods, or conditions under which wildlife may be taken, hunted, or caught by the public, or opening public lands for hunting and fishing."
SECTION 2. Section 1-23-10 of the 1976 code is amended by adding:
"(6) 'Division' means the Division of Research and Statistical Services in the State Budget and Control Board.
(7) 'Substantial economic impact' means a financial impact in excess of one hundred thousand dollars upon:
(a) commercial enterprises;
(b) retail businesses;
(c) service businesses;
(d) industry;
(e) consumers of a product or service; or
(f) taxpayers."
SECTION 3. Section 1-23-110 of the 1976 Code, as last amended by Act 91 of 1989, is further amended to read:
"Section 1-23-110. (a) This section applies only to the promulgation of regulations as defined in item (4) of Section 1-23-10 and is subject to the additional requirements of Section 1-23-120.
(b) (A) Before the promulgation, amendment, or repeal of a regulation, an agency shall:
(1) give notice of a drafting period by publication of a notice in the State Register. The notice shall must include the time when, the place where, and the manner in address to which interested persons may present their views submit written comments during the initial drafting procedures period before the regulations are submitted as proposed;
(2) submit to the division, no later than the date the notice required in item (3) is published in the State Register, a preliminary assessment report prepared in accordance with Section 1-23-115 on regulations having a substantial economic impact;
(2)(3) give at least thirty days' notice of intended action and opportunity of oral a public hearing at which the agency will receive data, views, or arguments, orally and in writing, from interested persons on proposed regulations by publication of a notice in the State Register. The notice must include:
(a) the address to which written comments must be sent and the time period of not less than thirty days for submitting these comments;
(b) the date, time, and place of the public hearing which must not be held sooner than thirty days from the date the notice is published in the State Register;
(c) either the text or a synopsis of the proposed regulation,;
(d) the statutory authority for its promulgation, the time when, the place where, and the manner in which interested persons may present their views on it and;
(e) a preliminary fiscal impact statement prepared by the agency reflecting estimates of costs to be incurred by the State and its political subdivisions in complying with the proposed regulation. This requirement of A preliminary fiscal impact statement does is not apply to required for those regulations which are not subject to General Assembly review under the provisions of Section 1-23-120. The notice;
(f) a summary of the preliminary assessment report submitted by the agency to the division and notice that copies of the preliminary report are available from the agency. The agency may charge a reasonable fee to cover the costs associated with this distribution requirement. A regulation that does not require an assessment report because it does not have a substantial economic impact, must include a statement to that effect. A regulation exempt from filing an assessment report pursuant to Section 1-23-115(D) must include an explanation of the exemption.
(B) Notices required by this section must be mailed by the promulgating agency to all persons who have made timely requests of the agency for advance notice of proposed promulgation of regulations.
(3) afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. Opportunity for oral hearing, which may not be held sooner than thirty days from the date of publication of the notice in the State Register, must be granted if requested by twenty-five persons, by a governmental subdivision or agency, or by an association having not less than twenty-five members.
(C) The agency shall consider fully all written and oral submissions respecting the proposed regulation.
(C)(D) A proceeding to contest any a regulation on the ground of noncompliance with the procedural requirements of this section must be commenced within one year from the effective date of the regulation."
SECTION 4. Section 1-23-120 of the 1976 Code, as last amended by Act 91 of 1989, is further amended to read:
"Section 1-23-120. (A) All regulations except those specifically exempted under this article section must be submitted to the General Assembly for review in accordance with the provisions of the this article, but no regulation may be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110(b).
(B) To initiate the process of review, the agency shall file with the President of the Senate and the Speaker of the House of Representatives:
(1) a copy of any the regulations promulgated along with;
(2) a request for review; and
(3) a brief synopsis of the regulations submitted explaining the content and any changes in existing regulations resulting from the regulations;
(4) a copy of the final assessment report and the summary of the final report prepared by the division pursuant to Section 1-23-115. A regulation that does not require an assessment report because it does not have a substantial economic impact must include a statement to that effect. A regulation exempt from filing an assessment report pursuant to Section 1-23-115(D) must include an explanation of the exemption;
(5) a copy of the preliminary fiscal impact statement prepared by the agency as required in Section 1-23-110(b)(2).
(C) Upon receipt of the request, the President and Speaker reviewing the request shall submit it for consideration to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it must be given to each member of the committee. The committees to which regulations are referred have one hundred twenty days from the date regulations are submitted to the General Assembly to consider and take action on these regulations so referred and determine their actions on the regulations. However, if a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation by the appropriate committee, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting. Only those calendar days occurring during sessions of the General Assembly are included in computing the days elapsed.
(D) If a joint resolution to approve a regulation is not enacted within one hundred twenty days after submission the regulation is submitted to the General Assembly or if a joint resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulation is effective upon publication in the State Register. Upon introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, the one-hundred-twenty-day period for automatic approval is tolled. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a joint resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred. Upon a negative vote by either the Senate or House of Representatives on the resolution disapproving the regulation and the notification in writing of the negative vote to the Speaker of the House of Representatives and the President of the Senate by the clerk of the house in which the negative vote occurred, the remainder of the period begins to run. If the remainder of the period is less than ninety days, additional days must be added to the remainder to equal ninety days. The introduction of a joint resolution by the committee of either house does not prevent the introduction of a joint resolution by the committee of the other house to either approve or disapprove the regulations concerned. A joint resolution approving or disapproving a regulation must include:
(1) the synopsis of the regulation as required by subsection (B);
(2) the summary of the final assessment report prepared by the division pursuant to Section 1-23-115 or, as required by subsection (B), the statement or explanation that an assessment report is not required or is exempt.
(E) The one-hundred-twenty-day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor.
(F) Any member may introduce a joint resolution approving or disapproving a regulation or group of regulations thirty days following the date the regulations concerned are submitted to a standing committee for review and no committee joint resolution approving or disapproving the regulations has been introduced and the regulations concerned have not been withdrawn by the promulgating agency pursuant to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic approval.
(G) General Assembly review is not required for regulations promulgated:
(1) to maintain compliance with federal law including, but not limited to, grant programs; however, the synopsis of the regulation required to be submitted by subsection (B) must include citations to federal law, if any, mandating the promulgation of or changes in the regulation justifying this exemption; Review also is not required for regulations promulgated
(2) by the state Board of Financial Institutions in order to authorize state-chartered banks, state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that are authorized pursuant to Section 34-1-110.; Review is not required for regulations promulgated
(3) by the South Carolina Tax Commission to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code of 1954.;
(4) as emergency regulations under Section 1-23-130.
All regulations submitted to the General Assembly for approval must have attached to them a brief synopsis or analysis of the regulations submitted explaining the content and any changes in existing regulations resulting from the regulations. The synopsis or analysis must include citations of federal law, if any, mandating changes in the regulations. The one-hundred-twenty-day period of review provided for in this section does not begin to run until the synopsis or analysis is attached to regulations submitted.
(H) For purposes of this section, only those calendar days occurring during a session of the General Assembly, excluding special sessions, are included in computing the days elapsed."
SECTION 5. Section 1-23-130 of the 1976 Code is amended to read:
"Section 1-23-130. (a)(A) If any an agency finds that an imminent peril to public health, safety, or welfare requires immediate promulgation of an emergency regulation prior to before compliance with the procedures prescribed in this article, or if a natural resources related agency finds that abnormal or unusual conditions, immediate need, or the state's best interest requires immediate promulgation of emergency regulations to protect or manage natural resources, the agency may file the regulation with the Legislative Council along with and a statement of the situation requiring immediate promulgation and. The regulation shall become becomes effective as of the time of filing.
(B) An emergency regulation filed under this section which has a substantial economic impact may not be refiled unless accompanied by the summary of the final assessment report prepared by the division pursuant to Section 1-23-115.
(C) If emergency regulations are promulgated either filed or expire while the General Assembly is in session, the emergency regulations shall remain in effect for ninety days only and may not be renewed under the provisions of this section refiled; but if emergency regulations are promulgated both filed and expire during a time when the General Assembly is not in session they may be renewable refiled for an additional ninety days if the General Assembly is not in regular session at the expiration of the ninety day period.
(b)(D) Emergency regulations and the agency statement as to the necessity of immediate promulgation must be published in the next issue of the State Register following the date of filing. The final summary of the assessment report required for refiling emergency regulations pursuant to subsection (B) must also be published in the next issue of the State Register.
(c)(E) Any An emergency regulations regulation promulgated pursuant to this section may be permanently promulgated by complying with the requirements of this article."
SECTION 6. The amendments to Article 1, Chapter 23, Title 1, as contained in this act, apply to those regulations for which a notice of drafting pursuant to Section 1-23-110 is filed subsequent to this act's effective date.
SECTION 7. This act takes effect three months after approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. WHIPPER objected to the Bill.
Rep. WILKINS continued speaking.
Rep. COBB-HUNTER objected to the Bill.
Rep. WILKINS continued speaking.
Reps. WHITE, VAUGHN, CLYBORNE, BAKER, CATO, HASKINS, KEMPE and D. ELLIOTT objected to the Bill.
The following Joint Resolution was taken up.
H. 4619 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE LAW ENFORCEMENT DIVISION, RELATING TO DETECTIVE AND SECURITY AGENCIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1445, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALDROP moved to table the Joint Resolution, which was agreed to.
Rep. D. ELLIOTT moved to adjourn debate upon the following Bill until Thursday, April 30, which was adopted.
S. 1088 -- Senator Hinds: A BILL TO AMEND SECTION 5-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT THE CITY LIMITS OF MUNICIPALITIES BORDERING THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN BE EXTENDED TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW-TIDE LINE.
The following Bill was taken up.
H. 3033 -- Reps. Keegan, Corning and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 11, TITLE 11, SO AS TO PROVIDE FOR A "ZERO-BASED" BUDGET REVIEW OF CERTAIN AGENCIES, DEPARTMENTS, COMMISSIONS, BOARDS, AND INSTITUTIONS EVERY EIGHT YEARS BY A JOINT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, FOR COMMITTEE MEMBERSHIP AND DUTIES, FOR THE SCOPE OF REVIEW, AND FOR THE ESTABLISHMENT OF A SCHEDULE OF REVIEW.
Rep. PHILLIPS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\19069.SD), which was tabled.
Amend the bill, as and if amended, by striking Section 11-11-610(C) of the 1976 Code which begins on line 23 of page 3 and inserting:
/(C) Joint committees are authorized to make temporary use of appropriate staff of the standing committees of the House of Representatives and the Senate./
Amend title to conform.
Rep. PHILLIPS moved to table the amendment, which was agreed to.
Rep. PHILLIPS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\19145.SD), which was adopted.
Amend the bill, as and if amended, by striking Section 11-11-610(C) of the 1976 Code which begins on line 23 of page 3 and inserting:
/(C) Joint committees are authorized to make temporary use of appropriate staff of the standing committees of the House of Representatives and the Senate with the approval of the chairmen of the respective standing committees from which the temporary use of staff is requested./
Amend title to conform.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1098 -- Senators Lourie, Giese and Passailaigue: A BILL TO AMEND SECTION 43-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA COMMISSION ON AGING, SO AS TO AUTHORIZE THE COMMISSION TO CERTIFY HOMEMAKERS AND HOME HEALTH AIDES IN ACCORDANCE WITH THE FEDERAL OMNIBUS BUDGET RECONCILIATION ACT AND ESTABLISH AND COLLECT FEES FOR ADMINISTERING THIS CERTIFICATION PROGRAM AND CARRY FORWARD REMAINING FEES TO THE NEXT FISCAL YEAR FOR THE SAME PURPOSE.
Rep. WOFFORD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9901.JM), which was adopted.
Amend the bill, as and if amended, SECTION 1, pg. 1, beginning on line 35 by deleting /deposited, maintained, and controlled in accordance with Comptroller General and State Treasurer policies and procedures, and unused/ and inserting /placed on deposit with the State Treasurer. Accounting records must be maintained in accordance with the Comptroller General's policies and procedures. Unused/
Amend title to conform.
Rep. WOFFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER Pro Tempore granted Rep. CANTY a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 4215 -- Reps. Sheheen, Klapman, Boan and Kirsh: A BILL TO AMEND SECTION 11-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ECONOMIC ADVISORS, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-825 SO AS TO PROVIDE FOR THE FULL-TIME STAFF OF THE BOARD BEGINNING JULY 1, 1992, AND FOR OTHER OFFICIALS WHO SHALL PROVIDE SUPPLEMENTAL ASSISTANCE TO THE FULL-TIME STAFF OF THE BOARD; TO AMEND SECTION 11-9-840, RELATING TO CERTAIN PROCEDURES OF THE BOARD INCLUDING ITS MEETING DATES, SO AS TO REVISE THE MEETING DATES; TO AMEND SECTION 11-9-880, RELATING TO THE FORECAST OF ECONOMIC CONDITIONS BY THE BOARD, SO AS TO REVISE THE MANNER IN WHICH THE BOARD MONITORS AND REVIEWS THE FLOW OF REVENUE FOR THE CURRENT FISCAL YEAR IN COMPARISON TO THE CURRENT YEAR'S FORECAST; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-23 SO AS TO PROVIDE THAT VACANCIES IN THE POSITION OF DIRECTOR OF THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD MUST BE FILLED BY APPOINTMENT OF THE BUDGET AND CONTROL BOARD.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18991.SD), which was adopted.
Amend the bill, as and if amended, in subsection (A) of Section 11-9-880 of the 1976 Code, as contained in Section 4, by striking /November first/ on line 4 of page 4 and inserting /November first tenth/; by striking /December first/ on line 6 of page 4 and inserting /December first tenth/; and by striking /January first/ on line 6 of page 4 and inserting /January first tenth/.
When amended, subsection (A) of Section 11-9-880 of the 1976 Code shall read:
/(A) The Board of Economic Advisors shall make an initial forecast of economic conditions in the State and state revenues for the next fiscal year no later than November first tenth of each year. Adjustments to the forecast must be considered on December first tenth and January first tenth. A final forecast for the next fiscal year must be made on February fifteenth. The February fifteenth forecast may be adjusted monthly if the board determines that changing economic conditions have affected the February fifteenth forecast. Prior to making or adjusting any forecast, the board must consult with outside economic experts with respect to national and South Carolina economic business conditions. All forecasts and adjusted forecasts must contain:
(1) a brief description of the econometric model and all assumptions and basic decisions underlying the forecasts;
(2) a projection of state revenues on a quarterly basis;
(3) separate discussions of any industry which employs more than twenty percent of the state's total nonagricultural employment and separate projections for these industries./
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6377.HC), which was adopted.
Amend the bill, as and if amended, by striking the second paragraph of Section 11-9-820, as contained in Section 1, page 2 and inserting:
/The Chairman of the Board of Economic Advisors shall report directly to the Governor to establish policy governing economic trends. The staff of the Board of Economic Advisors are administratively assigned to the Division of Research and Statistical Services of the State Budget and Control Board. The staff shall advise the Board of Economic Advisors but shall report administratively to the Director of the Division of Research and Statistical Services. The Office of the Board of Economic Advisors shall be staffed on a permanent basis within the Research and Statistical Services Division, Budget and Control Board. The office of the Executive Director, Budget and Control Board shall provide any additional administrative and logistical support that may be required for the Advisors to carry out the provisions of this section. The Executive Director of the Budget and Control Board shall assist the Governor and the Chairman of the Board of Economic Advisors in providing an effective system for compiling and maintaining current and reliable economic data./
Amend title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4521 -- Reps. L. Martin, Hallman, Corning, Wofford, Rama, H. Brown, Shissias, Haskins, Fulmer, Littlejohn, Lanford, Meacham, Manly, D. Elliott, Keyserling, Stone, Kirsh, D. Williams, McGinnis, Cato, G. Bailey, Quinn, Marchbanks, Stoddard, Rhoad, Jaskwhich, A. Young, Holt, Baker, Wright, Hendricks, Keegan, Wells, Sharpe, Council, Fair, Wilder, P. Harris, Riser, Snow, Koon, Phillips, Altman, Bruce, McCraw and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78 TO TITLE 38 SO AS TO ENACT THE "CONSUMER FREEDOM OF CHOICE IN MOTOR VEHICLE INSURANCE ACT"; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE AUTOMOBILE INSURANCE CHAPTER OF TITLE 38, SO AS TO PROVIDE THAT "AUTOMOBILE INSURANCE POLICY" ALSO INCLUDES THE PERSONAL PROTECTION POLICY AS DEFINED IN SECTION 38-78-30; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH HIGHER LIMITS OF COVERAGE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS FOR ADDED PERSONAL PROTECTION COVERAGE AS DEFINED IN SECTION 38-78-30; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT, IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES AND REQUIRE AN INSTRUCTION TO THE JURY TO DEDUCT FROM ITS VERDICT THE VALUE OF ALL BENEFITS RECEIVED BY THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION COVERAGE AND COMPREHENSIVE COVERAGE UNDER THE PROVISIONS OF LAW ON AUTOMOBILE INSURANCE, SO AS TO DELETE THE EXISTING PROVISIONS OF THE SECTION AND PROVIDE THAT AFTER SEPTEMBER 30, 1992, AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR AN APPLICANT OR EXISTING POLICYHOLDER, AND PROVIDE THAT AFTER SEPTEMBER 30, 1992, NO PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE MAY BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO EXCLUDE PUNITIVE DAMAGES FROM THE DEFINITION OF "DAMAGES"; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO REFER TO "ACTUAL DAMAGES", AND PROVIDE THAT AN INSURER SHALL OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES, WHICH COVERAGE IS OPTIONAL WITH THE INSURED; TO AMEND SECTION 38-77-150, RELATING TO THE UNINSURED MOTORIST PROVISION AND THE DEFENSE OF AN ACTION BY THE INSURER, SO AS TO REFER TO ACTUAL DAMAGES, INCREASE THE EXCLUSION AMOUNT REGARDING LOSS OR DAMAGE, REQUIRE INSURERS TO OFFER HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE, REQUIRE INSURERS TO OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER "NONSTACKABLE" POLICIES OF UNINSURED MOTORIST COVERAGE, PROVIDE THAT PREMIUM RATES MADE BY INSURERS FOR UNINSURED MOTORIST COVERAGE MUST BE DETERMINED AND REGULATED AS PREMIUM RATES FOR AUTOMOBILE INSURANCE GENERALLY ARE DETERMINED AND REGULATED, AND PROVIDE THAT BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO UNDERINSURED MOTORIST COVERAGE AND ADDITIONAL UNINSURED MOTORIST COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS, REQUIRE THE OFFERING OF UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE, PROVIDE THAT UNDERINSURED MOTORIST BENEFITS PAID PURSUANT TO THIS SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT, AND ENACT CERTAIN PROVISIONS FOR INSURERS OFFERING UNINSURED MOTORIST COVERAGE; TO AMEND SECTION 56-9-350, RELATING TO THE REQUIREMENT THAT THE VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE FORM BE ISSUED FOLLOWING CERTAIN ACCIDENTS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT THE OPERATOR OR OWNER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN PROPERTY DAMAGE OF FOUR HUNDRED DOLLARS OR MORE OR IN BODILY INJURY OR DEATH WITHIN FIFTEEN DAYS AFTER THE ACCIDENT SHALL FORWARD A WRITTEN REPORT OF THE ACCIDENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO VEHICLE FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNER OR OTHER OPERATOR NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 AND WHO RESIDES IN THE SAME HOUSEHOLD MEETS ONE OF THE CONDITIONS OR FACTORS SPECIFIED IN SECTION 38-73-455 FOR APPLICATION OF THE OBJECTIVE STANDARDS RATE; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A VEHICLE SOUGHT TO BE REGISTERED IN THIS STATE MUST BE INSURED, SO AS TO DESCRIBE PERSONS APPLYING FOR REGISTRATION AS PERSONS REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10; TO AMEND SECTION 56-10-240; RELATING TO THE REQUIREMENT THAT, UPON LOSS OF AUTOMOBILE INSURANCE, THE INSURED SHALL OBTAIN NEW INSURANCE OR SURRENDER THE VEHICLE'S REGISTRATION AND PLATES, SO AS TO DESCRIBE THE MOTOR VEHICLES REFERENCED IN THE SECTION AS VEHICLES FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10; TO AMEND THE 1976 CODE BY ADDING ARTICLE 5 TO CHAPTER 10 OF TITLE 56 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS TO INSURE AND EXCEPTIONS, SO AS TO PROVIDE THAT AUTOMOBILE INSURERS MAY NOT REFUSE TO WRITE OR RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE PASSENGER AUTOMOBILES IF THE RISK QUALIFIES FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760 OR SMALL COMMERCIAL RISKS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760, DELETE CERTAIN LANGUAGE, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW SUCH POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, OR ECONOMIC STATUS OF ANYONE WHO SEEKS TO BECOME INSURED, PROVIDE THAT AN APPLICANT WHO IS DENIED COVERAGE MAY REQUEST THE DENYING INSURER TO PROVIDE IN WRITING THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE, AND REQUIRE THE INSURER TO RESPOND IN WRITING WITHIN TEN DAYS OF THE REQUEST; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38 SO AS TO PROVIDE FOR THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY AND FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, THAT INSURERS MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER RATES FOR PERSONAL PROTECTION POLICIES AND REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM, AND THAT INSURERS MAY PLACE ANY AUTOMOBILE INSURANCE RISK AT ANY OF THE FOUR RATE LEVELS WITHOUT RESTRICTION UNLESS PROVIDED OTHERWISE BY LAW; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO UNIFORM STATISTICAL PLANS, BY ADDING LANGUAGE WHICH PROVIDES THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY MILES PER HOUR IF THE PERSON CONVICTED HAS NO CHARGEABLE ACCIDENTS OR DRIVING CONVICTIONS FOR THE PREVIOUS THREE YEARS; TO AMEND SECTION 38-57-130, RELATING TO INSURANCE, TRADE PRACTICES, AND THE PROHIBITION ON MISREPRESENTATIONS, SPECIAL INDUCEMENTS, AND REBATES IN ALL INSURANCE CONTRACTS, SO AS TO MAKE AN EXCEPTION FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE CONTRACT; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO INCREASE CERTAIN OF THE PENALTIES, AUTHORIZE PERFORMANCE OF PUBLIC SERVICE AS A PENALTY, PROVIDE FOR SUSPENSION OF THE DRIVING PRIVILEGE AND ALL LICENSE PLATES AND REGISTRATION CERTIFICATES ISSUED IN A PERSON'S NAME FOR SECOND, THIRD, AND SUBSEQUENT OFFENSE VIOLATIONS OF THE PROVISIONS OF THIS SECTION, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT THE CONVICTED PERSON'S PRIVILEGES MAY NOT BE REINSTATED UNTIL PROOF OF FINANCIAL RESPONSIBILITY HAS BEEN FILED; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS CERTAIN OTHER THINGS; TO PROVIDE THAT AFTER SEPTEMBER 30, 1992, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT IF THE DESIGNATED CARRIER FAILS TWO CLAIMS AUDITS, INCLUDING A RE-AUDIT, WITHIN THE CONTRACT TERM, THE DESIGNATED CARRIER IS DISQUALIFIED FOR RENEWAL OF ITS CONTRACT UPON EXPIRATION OF ITS EXISTING CONTRACT, AND PROVIDE THAT NO DESIGNATED PRODUCERS MAY RECEIVE A COMMISSION HIGHER THAN FIVE PERCENT ON A POLICY CEDED TO THE JOINT UNDERWRITING ASSOCIATION AND THAT AGENTS OR PRODUCERS OTHER THAN DESIGNATED PRODUCERS MAY NOT RECEIVE A COMMISSION HIGHER THAN FIVE PERCENT ON A POLICY WRITTEN DIRECTLY BY THE ASSOCIATION; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE FORM AND THE EFFECT OF FAILURE TO RETURN THE FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND PROVIDE FOR THE DEPOSIT OF ANY FINE COLLECTED FOR A VIOLATION OF SECTION 56-10-270 AS A RESULT OF THESE TWO NEW SECTIONS; TO REPEAL ARTICLE 5 OF CHAPTER 77 OF TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS; AND TO PROVIDE FOR THE SEVERABILITY AND THE CONSTITUTIONALITY OF THIS ACT AND FOR CERTAIN OBLIGATIONS AND SUBROGATION OF PERSONAL PROTECTION INSURERS UNDER CERTAIN CIRCUMSTANCES INVOLVING THE UNCONSTITUTIONALITY OR INVALIDITY OF SECTION 38-78-110.
Rep. HARRELSON moved to commit the Bill to the Committee on Judiciary.
Rep. L. MARTIN moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Beasley Bennett Brown, H. Bruce Burch, K. Cato Chamblee Clyborne Cobb-Hunter Corbett Council Cromer Elliott, D. Fair Farr Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harwell Haskins Hendricks Holt Houck Hyatt Jaskwhich Keegan Kennedy Keyserling Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McCraw McGinnis McKay Meacham Neilson Phillips Rama Rhoad Riser Sharpe Sheheen Shissias Smith Snow Stoddard Stone Sturkie Vaughn Waldrop Wells Wilder Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Barber Baxley Beatty Boan Brown, G. Brown, J. Byrd Carnell Delleney Elliott, L. Glover Harrelson Hodges Inabinett Jennings Johnson, J.C. Kempe Kinon Martin, D. Mattos McAbee McElveen McLeod Ross Rudnick Scott Shirley Taylor Townsend Whipper Williams, J.
So, the motion to table was agreed to.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill.
Rep. FARR moved that the House recur to the morning hour, which was rejected by a division vote of 18 to 75.
Rep. BEATTY withdrew his objection to the following Bill whereupon objections were raised by Reps. T.C. ALEXANDER, L. MARTIN, HENDRICKS, CATO, and SMITH.
S. 385 -- Senator Macaulay: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
Rep. BEASLEY withdrew his objection to the following Bill whereupon an objection was raised by Rep. HALLMAN.
S. 990 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; AND TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED.
The motion of Rep. RAMA to reconsider the vote whereby the following Bill was rejected was taken up.
H. 4392 -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-7-305 SO AS TO AUTHORIZE CERTAIN ADVERTISING MATERIALS ORIGINATING FROM A REGISTERED PRODUCER OF ALCOHOLIC LIQUORS.
Rep. RAMA moved to adjourn debate upon the motion to reconsider until Tuesday, April 28, which was adopted.
The motion of Rep. KEMPE to reconsider the vote whereby the following Bill was given a second reading was taken up.
H. 4290 -- Reps. Fulmer, R. Young, McAbee, H. Brown, G. Bailey, Corbett, Harrison, Holt, Wofford, Felder, D. Williams, Baker, Rama, Shissias, A. Young, Byrd, Wright, Corning, Carnell, Stone, Wilder, Keegan, Baxley and Phillips: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF LOBBYISTS AND LOBBYING, SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A GROUP OF MEMBERS OF EITHER OR BOTH HOUSES OF THE GENERAL ASSEMBLY AFFILIATED BASED UPON COMMITMENT TO A PARTICULAR SUBJECT OR ISSUE.
Rep. KEMPE spoke in favor of the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. CROMER demanded the yeas and nays, which were not ordered.
The motion to reconsider was rejected by a division vote of 30 to 62.
On motion of Rep. G. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 4497 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-15-55 SO AS TO ALLOW SHERIFFS AND THEIR DEPUTIES TO SET AND COLLECT BONDS FOR OFFENSES TRIABLE IN MAGISTRATE'S COURT.
On motion of Rep. CORBETT, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3027 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-95 SO AS TO PROHIBIT THE CAPTURING OR REMOVAL FROM THE WATERS OF THIS STATE AND THE DISPLAY OF A MAMMAL OF THE ORDER CETACEA (DOLPHINS AND WHALES) AND TO PRESCRIBE PENALTIES FOR VIOLATIONS.
On motion of Rep. HARRELSON, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Invitations and Memorial Resolutions.
H. 4783 -- Rep. Harrelson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENACT THE AMENDMENT TO THE OLDER AMERICANS ACT WHICH RAISES THE EXEMPTION TO ONE THOUSAND DOLLARS FOR MONEY EARNED AND WHICH WOULD BENEFIT POLL MANAGERS IN THE UPCOMING ELECTIONS.
On motion of Rep. G. BAILEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 4388 -- Reps. G. Bailey, A. Young and Wofford: A BILL TO AMEND SECTION 56-5-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WEIGHING VEHICLES AND LOADS, SO AS TO PROVIDE THAT FIFTY PERCENT OF THE FINES COLLECTED FOR VIOLATION OF WEIGHT LOADS MUST BE REMITTED TO THE COUNTY TREASURER OF THE COUNTY IN WHICH THE CITATION WAS ISSUED.
On motion of Rep. STURKIE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1280 -- Senator Land: A BILL TO AMEND CHAPTER 11, TITLE 48, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO ADD SECTIONS 48-11-15 AND 48-11-185, DELETE SECTION 48-11-80, AND REVISE THE PROCEDURES FOR THE CREATION, ORGANIZATION, AND FUNCTION OF THE DISTRICTS; TO REPEAL ACT 1316 OF 1964, RELATING TO DISTRICTS IN NEWBERRY COUNTY, ACT 655 OF 1965, RELATING TO DISTRICTS IN JASPER COUNTY, ACT 1179 OF 1966, RELATING TO DISTRICTS IN ALLENDALE COUNTY, ACT 1196 OF 1966, RELATING TO DISTRICTS IN BEAUFORT COUNTY, ACT 1212 OF 1966, RELATING TO DISTRICTS IN CHARLESTON COUNTY, ACT 1254 OF 1966, RELATING TO DISTRICTS IN DARLINGTON COUNTY, AND OTHER ACTS OR PARTS OF ACTS INCONSISTENT WITH CHAPTER 11, TITLE 48; TO DELETE PROVISIONS FOR CERTAIN DISTRICTS WHICH WERE AUTHORIZED BY ACT BUT WERE NEVER CREATED AT THE LOCAL LEVEL AND, WHERE THE DISTRICTS WERE AUTHORIZED BY SEPARATE ACT, TO REPEAL ACT 1084 OF 1958, RELATING TO POLK SWAMP, FLORENCE COUNTY, ACT 1085 OF 1958, RELATING TO EBENEZER, FLORENCE COUNTY, ACT 1134 OF 1960, RELATING TO LYNCHBURG-SHILOH, SUMTER AND LEE COUNTIES, ACT 1097 OF 1962, RELATING TO COWARD, FLORENCE COUNTY, AND ACT 1195 OF 1962, RELATING TO CROW CREEK, PICKENS; TO DISSOLVE CERTAIN DISTRICTS WHICH HAVE NEVER IMPLEMENTED WORKS OF IMPROVEMENT AND, WHERE THE DISTRICTS WERE CREATED BY SEPARATE ACT, TO REPEAL ACT 471 OF 1961, RELATING TO EIGHTEEN MILE CREEK, PICKENS AND ANDERSON COUNTIES, LONG-CANE TURKEY CREEK, ABBEVILLE, ANDERSON, AND GREENWOOD COUNTIES, LITTLE RIVER, ABBEVILLE, ANDERSON, AND MCCORMICK COUNTIES, AND ROCKY RIVER, ANDERSON COUNTY, ACT 567 OF 1961, RELATING TO LONG CANE-TURKEY CREEK, ACT 1081 OF 1962, RELATING TO CATFISH CREEK-SMITH SWAMP, MARION, DILLON, AND MARLBORO COUNTIES, KENTYRE-HAMER, DILLON COUNTY, AND REEDY CREEK, DILLON AND MARLBORO COUNTIES, ACT 493 OF 1965, RELATING TO LONG CANE-TURKEY CREEK, ACT 640 OF 1965, RELATING TO SANDERS BRANCH-CROOKED CREEK, HAMPTON COUNTY, ACT 671 OF 1965, RELATING TO LITTLE RIVER, ACT 691 OF 1965, RELATING TO EIGHTEEN MILE CREEK, AND ACT 725 OF 1965, RELATING TO CLARK'S FORK-BULLOCKS CREEK, YORK COUNTY, STONY FORK, YORK COUNTY, AND SUGAR CREEK, YORK AND LANCASTER COUNTIES; AND TO PROVIDE FOR THE TERMS OF THE DIRECTORS OF THE DISTRICTS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND FOR THE TERMS OF THEIR SUCCESSORS.
On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 4515 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND SECTION 59-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON HIRING A TEACHER WHO IS RELATED TO A SCHOOL BOARD MEMBER, SO AS TO MAKE THIS APPLICABLE TO ADMINISTRATORS AND OTHER ADMINISTRATIVE PERSONNEL AND INCLUDE THE SPOUSE OF A SUPERINTENDENT OR OTHER ADMINISTRATIVE PERSONNEL WITHIN THE DEFINITION OF IMMEDIATE FAMILY MEMBER.
On motion of Rep. KIRSH, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1464 -- Senators Rose and Reese: A BILL TO CREATE THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESERVATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, THE SEA GRANT CONSORTIUM, THE WATER RESOURCES COMMISSION, THE WILDLIFE AND MARINE RESOURCES COMMISSION, AND THE STATE LAND RESOURCES CONSERVATION COMMISSION.
The Senate amendments to the following Bill were taken up for consideration.
H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: A BILL TO REQUIRE CERTAIN SECURITY DEVICES FOR CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.
Rep. J. BROWN explained the Senate amendment.
Rep. McABEE moved to adjourn debate upon the Senate amendments until Thursday, April 23.
Rep. McLEOD moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate on the Senate amendments until Thursday, April 23, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 4226 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-75 SO AS TO PROVIDE THAT ANY PERSON, NOT A LICENSED VETERINARIAN, WHO BOARDS THE DOMESTIC ANIMALS OF OTHERS ON HIS OWN PREMISES FOR A FEE MAY TRANSFER THE ANIMAL TO AN APPROPRIATE ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER BY WRITTEN CONTRACT OR AGREEMENT AGREED TO PICK UP THE ANIMAL BUT FAILED TO DO SO IF SUCH ACTION IS PERMITTED IN THE WRITTEN CONTRACT OR AGREEMENT.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4622 -- Rep. Stoddard: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES.
Reps. STODDARD and CARNELL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\19141.SD), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
SECTION____. At least two mills of the millage levied in 1992 for School District Fifty-five, if so much be necessary together with the use of existing funds, must be used to provide for a lecture theater/auditorium for the Hickory Tavern School to replace the auditorium at the school which was destroyed by fire./
Renumber sections to conform.
Amend title to conform.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.
Reps. CARNELL, McABEE, BOAN, H. BROWN and J. HARRIS proposed the following Amendment No.1 (Doc Name L:\council\legis\amend\436\12439.DW), which was adopted.
Amend the bill, as and if amended, by striking SECTION 4, page 2, lines 33 through 44, and page 3, lines 1 through 20, and inserting:
/SECTION 4. Subitem 31 (Ports Authority), Item (f) of Section 3 of Act 1377 of 1968, as added by an act of 1991 bearing ratification number 256, is amended to read:
"31. Ports Authority
(a) Charleston Harbor
Deepening 31,338,700
(b) Economic Development
Project 25,000,000
Total, Ports Authority 31,338,700
56,338,700"/
Amend the bill further by adding appropriately numbered sections to read:
/SECTION ______ (A)(1) The offices of the Retirement Division of the State Budget and Control Board have relocated three times in the downtown area of Columbia during the past fifteen years, bringing about administrative hardship and creating confusion on the part of the two hundred thousand members and retirees of the various state retirement systems.
(2) The Retirement Division is currently unable to provide adequate parking for its thousands of visitors.
(3) Many state retirement systems, after careful study, have determined it to be prudent to own administrative space acquired through the use of system funds.
(4) Leasing proposals indicate ownership is a wise option for our system to pursue.
(B) The General Assembly finds that the Retirement Division of the State Budget and Control Board needs adequate and suitable office space to fulfill its ordinary and necessary functions and that ownership of adequate and suitable office space will lend stability to the division's relationship with the members and retirees of the various state retirement systems, provide adequate parking for visitors, and, when compared to leasing, preserve the funds of the various systems.
(C) The State Treasurer may transfer an amount necessary from the funds of the various state retirement systems for use in purchasing or building adequate and suitable offices primarily for the use of the Retirement Division of the State Budget and Control Board. The purchase or construction must conform to applicable laws, regulations, and policies governing acquisitions.
SECTION _____. Notwithstanding the provisions of Section 2-7-105 of the 1976 Code, for 1993 only, the General Assembly may not authorize state capital improvement bonds./
Renumber sections to conform.
Amend title to conform.
Rep. BOAN explained the Senate amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 2, which was adopted.
Amend the bill, as and if amended, page 4, line 25, by striking all words after "void" and lines 26 and 27.
Rep. McABEE explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4290 -- Reps. Fulmer, R. Young, McAbee, H. Brown, G. Bailey, Corbett, Harrison, Holt, Wofford, Felder, D. Williams, Baker, Rama, Shissias, A. Young, Byrd, Wright, Corning, Carnell, Stone, Wilder, Keegan, Baxley and Phillips: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF LOBBYISTS AND LOBBYING, SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A GROUP OF MEMBERS OF EITHER OR BOTH HOUSES OF THE GENERAL ASSEMBLY AFFILIATED BASED UPON COMMITMENT TO A PARTICULAR SUBJECT OR ISSUE.
H. 4390 -- Reps. Corning, Wright, Shissias, Quinn, Wilkes and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-215 SO AS TO ALLOW A SCHOOL DISTRICT BOARD OF TRUSTEES TO CONSIDER THE PRIOR DISCIPLINARY RECORD IN ANY SCHOOL IN WHICH A STUDENT WAS PREVIOUSLY ENROLLED AND THE STUDENT'S CRIMINAL OR JUVENILE COURT RECORD, TO DETERMINE IF THE STUDENT MEETS THE STANDARDS OF CONDUCT AND BEHAVIOR REQUIRED TO BE ENROLLED IN A SCHOOL IN THE DISTRICT, AND TO PROVIDE THAT BASED ON THE RECORD, THE BOARD MAY BAR THE STUDENT'S ENROLLMENT IN A DISTRICT SCHOOL.
H. 4406 -- Reps. Manly, D. Williams, Cromer, G. Bailey, Rama, Rogers, Hallman, Mattos, Kempe, Smith, Wilkes, Waites, McElveen, Whipper, J. Bailey, Anderson, Rhoad, Beatty, Jennings, Harrelson, Shissias, Barber, Littlejohn, McCraw, Chamblee, Quinn, Corning, Haskins, L. Martin, Cobb-Hunter, Harrison, Sturkie, Riser and Altman: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSES OF PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE EXEMPTION FOR THE PROPERTY OF ANY RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION WHEN THE PROPERTY IS ACQUIRED FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES ON IT FOR SALE TO ECONOMICALLY DISADVANTAGED PERSONS MAY BE CLAIMED FOR UP TO FIVE, RATHER THAN TWO, TAX YEARS ON A SINGLE PROPERTY, SPECIFY THAT THE SALE OF THE PROPERTY BE A NOT-FOR-PROFIT SALE, AND PROVIDE THAT THE TOTAL PROPERTIES FOR WHICH THE RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION MAY CLAIM THIS EXEMPTION MAY NOT EXCEED FIFTEEN ACRES PER COUNTY WITHIN THE STATE.
The following Concurrent Resolution was taken up.
H. 4598 -- Reps. Inabinett, Harwell, Whipper, D. Martin, Holt and J. Bailey: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON SOUTH CAROLINA HIGHWAY 174 IN CHARLESTON COUNTY CROSSING THE DAWHOO RIVER AS THE McKINLEY WASHINGTON, JR., BRIDGE.
Whereas, the Honorable McKinley Washington, Jr., has been a distinguished member of the General Assembly since 1975, first serving in the House of Representatives from 1975 through 1990, followed by his current service in the Senate beginning in 1991; and
Whereas, throughout his tenure in the General Assembly he has represented the citizens of his district with honor and integrity serving them and the State to the utmost of his ability; and
Whereas, his ministerial training and his experience as a spiritual and religious leader have been cornerstones for his leadership in the church and his community and have served him well throughout his terms in the General Assembly where he has served as chairman of the Operations and Management of the House Committee, Chairman of the legislative Black Caucus, and Vice Chairman of the Charleston County Legislative Delegation; and
Whereas, his colleagues in the General Assembly believe it would be fitting to pay tribute to McKinley Washington, Jr., for all he has done to make his districts and this State a more enjoyable and satisfying place to live by naming a landmark in Charleston County in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly by this resolution request the South Carolina Department of Highways and Public Transportation to name the bridge on South Carolina Highway 174 over the Dawhoo River in Charleston County as the "McKinley Washington, Jr., Bridge" in honor of the distinguished service that Senator Washington has given to the districts in which he has served and the State.
Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4612 -- Reps. R. Young, Gonzales, Fulmer, Whipper, J. Bailey, Hallman, Rama and Holt: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES DEPARTMENT OF DEFENSE TO SELECT THE CHARLESTON, SOUTH CAROLINA, OFFICE OF THE FINANCIAL INFORMATION PROCESSING CENTER OF THE NAVAL SUPPLY CENTER AS A DEFENSE FINANCE AND ACCOUNTING SERVICE REGIONAL CENTER.
Whereas, the Finance and Accounting Service of the United States Department of Defense is contemplating establishing regional centers for the purpose of providing accounting and financial services for all of the department's components located within a geographical area; and
Whereas, the Charleston, South Carolina, office of the Financial Information Processing Center of the Naval Supply Center is already scheduled to become part of the Defense Finance and Accounting Service by having been selected as a Defense Civilian Payroll System consolidation payroll office; and
Whereas, in this capacity as a consolidation payroll office the center served ten thousand, five hundred payroll accounts in fiscal year 1991 and is expected to serve almost fifty-six thousand by the end of fiscal year 1992; and
Whereas, providing this payroll service for the Defense Finance and Accounting Service has demonstrated the Charleston Financial Information Processing Center's expertise and ability to excel in providing consolidated services in a rapidly changing system; and
Whereas, the Charleston Center has a cadre of talented people experienced in military and civilian accounting, vendor invoice payment, payroll, and disbursement who are skilled in the latest automatic data processing and network technologies; and
Whereas, the Charleston, South Carolina, area offers affordable housing, excellent schools, highly regarded public safety and transportation services, a myriad of cultural and recreational activities, advanced environmental and waste handling programs, a pleasant and temperate climate, and a very favorable cost of living; and
Whereas, the elected leadership of the local county and municipal governments have joined together in a pledge to provide a compelling level of community support by providing an incentive package from local government to build the facilities necessary to house a three thousand to five thousand person Defense Finance and Accounting Service regional center. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina by this resolution urges the United States Department of Defense to select the Charleston, South Carolina, office of the Financial Information Processing Center of the Naval Supply Center as a regional center for its Defense Finance and Accounting Service.
Be it further resolved that a copy of this resolution be forwarded to the Comptroller of the Department of Defense, Sean O'Keefe, The Pentagon, Room 3E822, Washington, D. C. 20310, and to each member of the South Carolina Congressional Delegation in Washington, D. C.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4613 -- Reps. Manly, Neilson, Keyserling, Waites, Whipper, Cromer, Glover, J.C. Johnson, Cobb-Hunter, McElveen, L. Elliott, Barber, Mattos, M.O. Alexander, D. Martin, Rogers, J. Bailey, Jaskwhich and Kempe: A CONCURRENT RESOLUTION ENDORSING THE GOALS AND OBJECTIVES OF THE UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT (UNCED), OTHERWISE KNOWN AS THE EARTH SUMMIT, SCHEDULED FOR JUNE, 1992, IN BRAZIL, AND CALLING UPON THE PRESIDENT OF THE UNITED STATES TO JOIN HIS COUNTERPARTS FROM AROUND THE WORLD AT THE EARTH SUMMIT AND TO INSTRUCT UNITED STATES NEGOTIATORS TO WORK WITH OTHER NATIONAL DELEGATIONS IN CRAFTING AN INTERNATIONAL PROTOCOL ON GLOBAL CLIMATE CHANGE.
Whereas, public concern about protecting the global environment continues to grow as evidence mounts of the long-term damage being done to the Earth by global climate change, toxic waste, freshwater and ocean pollution, and loss of biological diversity; and
Whereas, environmental problems are inextricably linked with economic and trade policies; and
Whereas, states have many critical responsibilities with respect to supporting responsible economic development as well as for environmental protection and natural resource management, including land-use planning, transportation, solid and hazardous waste management, and procurement policies; and
Whereas, the General Assembly of this State has also supported national initiatives which enable states to develop and implement successful economic development and environmental protection programs; and
Whereas, the General Assembly of South Carolina recognizes that problems such as global climate change, diminishing biological diversity, and ocean pollution can only be solved with cooperation at all levels of government from the local to the international; and
Whereas, in June of 1992, the world's leaders will gather in Rio de Janeiro, Brazil, for the United Nations Conference on Environment and Development (UNCED), otherwise known as the Earth Summit, to define new and bold steps to achieve solutions to the planet's environmental and economic development problems; and
Whereas, the Earth Summit will pay special attention to concerns regarding global climate change, toxic waste, diminishing biological diversity, and ocean and freshwater resources. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, endorses the goals and objectives of the Earth Summit, particularly with respect to the creation and adoption of global agreements which will result in policies and mechanisms to protect the global environment and enhance the ability of nations to develop equitably their natural and human resources.
Be it further resolved that the General Assembly of this State calls upon the President of the United States to join his counterparts from around the world at the Earth Summit and to instruct United States negotiators to work with other national delegations in crafting an international protocol on global climate change that would reduce this nation's emissions of carbon dioxide by twenty percent by the year 2000 and thus reestablish the role of the United States as a leader in managing the planet's resources for present and future generations.
Be it further resolved that copies of this resolution be forwarded to the President of the United States, the President of the United States Senate, and the Speaker of the United States House of Representatives, all at Washington, D.C., and to the United States Ambassador to the United Nations, at the United Nations, New York City.
Rep. KEYSERLING explained the Concurrent Resolution.
Rep. HASKINS moved to table the Concurrent Resolution.
Rep. WAITES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Cooper Fair Felder Haskins Kirsh Klapman Littlejohn Rama Stone Wilder
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Cato Chamblee Cobb-Hunter Corbett Council Cromer Delleney Elliott, D. Elliott, L. Farr Foster Fulmer Gonzales Hallman Harrelson Harris, J. Harris, P. Hendricks Hodges Huff Hyatt Jaskwhich Jennings Johnson, J.C. Keegan Kempe Kennedy Keyserling Lanford Marchbanks Martin, L. Mattos McAbee McCraw McElveen McGinnis McKay McLeod Meacham Neilson Nettles Phillips Quinn Rhoad Riser Rogers Ross Rudnick Scott Sheheen Shirley Smith Snow Stoddard Taylor Townsend Tucker Vaughn Waites Wells Whipper Wilkes Wilkins Williams, D. Williams, J. Wofford Young, A.
So, the House refused to table the Concurrent Resolution.
The Concurrent Resolution was then adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4627 -- Reps. McAbee, Anderson, Clyborne, Wilkins, M.O. Alexander, Baker, Chamblee, Mattos, Sharpe, L. Martin, Marchbanks, Smith, Shirley, Ross, Vaughn, Jaskwhich, P. Harris, Tucker and Haskins: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE CONGRESS OF THE UNITED STATES, AND THE NATIONAL PARK SERVICE OF THE UNITED STATES DEPARTMENT OF INTERIOR TO PLAN AND CONSTRUCT AN EXTENSION OF THE BLUE RIDGE PARKWAY INTO SOUTH CAROLINA; TO REQUEST THE STATE OF NORTH CAROLINA TO COOPERATE IN SUCH EFFORTS; AND TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO PLAN THE PROJECT AND COOPERATE IN ITS IMPLEMENTATION.
Whereas, the Southern Highlands' Region of the Appalachian Mountain Range is one of the most beautiful, natural areas of our Nation; and
Whereas, the Blue Ridge Parkway, which extends into the Southern Highlands' Region, is one of the Nation's most scenic highways and opens the natural splendor of the area to the view of millions of persons each year; and
Whereas, the Blue Ridge Parkway does not extend into that section of the Southern Highlands lying in the State of South Carolina; and
Whereas, the National Park Service has studied the extension of three alternate routes of the Parkway from Beech Gap to Norton in North Carolina; and
Whereas, one of these alternate routes passes near Whitewater Falls very close to the South Carolina State line; and
Whereas, the State of South Carolina and the Appalachian Regional Commission has expended millions of dollars constructing and improving S.C. Highway 11, the Cherokee Foothills Scenic Highway, to interchange with Interstate 85 at the Georgia State line; and
Whereas, it would be desirable and appropriate for the Blue Ridge Parkway to be extended into South Carolina connecting with S.C. Highway 11, the Cherokee Foothills Scenic Highway. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of South Carolina memorializes the President, the Congress of the United States, and the National Park Service of the United States Department of Interior to plan, authorize, and construct an extension of the Blue Ridge Parkway into the State of South Carolina so as to connect at some appropriate point with the South Carolina Cherokee Foothills Scenic Highway.
Be it further resolved that the sovereign State of North Carolina is respectfully requested to assist and cooperate with the federal government and the State of South Carolina in the planning and development of the proposed Blue Ridge Parkway extension since it affects the lands of the State of North Carolina.
Be it further resolved that the South Carolina Department of Highways and Public Transportation and the South Carolina Department of Parks, Recreation and Tourism are requested to assist and cooperate with the officials of the federal government and the State of North Carolina in the planning and development of an extension of the Blue Ridge Parkway into the State of South Carolina and that these departments are requested to file a report with the General Assembly which sets forth: (1) their efforts to implement the intent of this resolution; (2) propose alignments for the Blue Ridge Parkway in South Carolina; (3) an analysis of the cost and benefits to be derived by the construction of the proposed highway; and (4) other actions as may be necessary to implement this plan, including a timetable for implementation.
Be it further resolved that copies of this resolution be forwarded to the President of the United States, each United States Senator from South Carolina, each member of the House of Representatives of Congress from South Carolina, the National Park Service of the United States Department of Interior, the Senate and House of Representatives of the State of North Carolina, the Chief Highway Commissioner of the South Carolina Department of Highways and Public Transportation and the Executive Director of the South Carolina Department of Parks, Recreation and Tourism.
Rep. McABEE explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4695 -- Reps. Farr, Phillips, Sharpe, Wilkes, Bruce, Rhoad, Inabinett, Corbett, Bennett, Gonzales, Beasley, Riser, Meacham, Waites, Snow, Delleney and Manly: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER LITTLE BROWN'S CREEK ON S. 44-57 IN UNION COUNTY AS THE CURTIS HARRIS BRIDGE.
Whereas, Curtis Harris of Union County started with the Forestry Commission on September 1, 1960; and
Whereas, during his thirty-one years of service to the Forestry Commission he has been employed as a Forestry Warden; and
Whereas, Mr. Harris, as a Forestry Warden, has risked his life to fight forest fires; and
Whereas, he has dedicated his life to preserving the forests and natural habitats of this State and protecting the environment; and
Whereas, Mr. Harris is a well-respected member of the community of Union who is active in community affairs; and
Whereas, Mr. Harris has been a part of shaping the Democratic Party of Union County by serving on the Executive Committee; and
Whereas, Mr. Harris is also a kind, giving, and gentle person who is a devoted husband, father of three, and grandfather; and
Whereas, the members of the General Assembly wish to recognize Mr. Harris' service to the State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the Department of Highways and Public Transportation to name the bridge over Little Brown's Creek on S. 44-57 in Union County as the Curtis Harris Bridge.
Be it further resolved that a copy of this resolution be forwarded to Mr. Harris and the South Carolina Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 1424 -- Senator Reese: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER AND THE HOUSE CHAMBER OCTOBER 22 AND 23, 1992, AND THE BLATT BUILDING OCTOBER 21 AND 22, 1992, FOR ITS ANNUAL MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina State Student Legislature is authorized to use the chamber of the Senate and the chamber of the House of Representatives from 8:30 a.m.-5:00 p.m. on October 22 and 23, 1992, and the Blatt Building October 21 and 22, 1992, for its annual meeting. If the Senate is in statewide session on any of these days, the Senate Chamber may not be used on these days. If the House is in statewide session on any of these days, the chamber of the House of Representatives and the Blatt Building may not be used on these days.
Be it further resolved that no expenses may be charged to the South Carolina State Student Legislature for use of these chambers and facilities and such use must be in strict accordance with the policy of the respective chamber.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. WRIGHT moved to dispense with the Motion Period.
As a first substitute Rep. TUCKER moved to recall S. 494 from the Education and Public Works Committee.
As a second substitute Rep. HASKINS moved to recall S. 1446 from the Ways and Means Committee, which was agreed to.
Rep. QUINN moved to recall H. 4452 from the Judiciary Committee.
As a first substitute Rep. SCOTT moved to recall H. 3809 from the Judiciary Committee.
As a second substitute Rep. BEASLEY moved to dispense with the balance of the Motion Period, which was rejected.
As a second substitute Rep.TUCKER moved to recall S. 494 from the Education and Public Works Committee.
Rep. PHILLIPS moved to table the motion.
Rep. TUCKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Beasley Carnell Delleney Elliott, D. Farr Fulmer Gentry Hallman Harrelson Harris, J. Jaskwhich Jennings Keegan Kempe Mattos McAbee McCraw McGinnis Phillips Rama Rhoad Rudnick Sheheen Stoddard Williams, J.
Those who voted in the negative are:
Bailey, G. Bailey, J. Baker Baxley Beatty Brown, G. Brown, H. Brown, J. Bruce Byrd Canty Chamblee Clyborne Cooper Corbett Corning Council Cromer Elliott, L. Fair Felder Glover Gonzales Harris, P. Harvin Harwell Haskins Hodges Houck Huff Hyatt Kinon Kirsh Koon Lanford Littlejohn Marchbanks Martin, L. McElveen McKay McLeod Meacham Neilson Nettles Quinn Riser Rogers Ross Scott Shissias Smith Snow Stone Sturkie Taylor Townsend Tucker Vaughn Waites Wilder Wilkes Wilkins Wofford Wright Young, A.
So, the House refused to table the motion.
The question then recurred to the motion to recall S. 494 from the Education and Public Works Committee, which was agreed to.
Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. FARR moved that the House recede until 1:30 P.M., which was adopted.
At 1:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
Debate was resumed on the following Joint Resolution the pending question being the consideration of Amendment No. 2.
H. 4334 -- Reps. Wilkins, Kirsh, Beasley, M.O. Alexander, Altman, Baker, Bennett, H. Brown, Bruce, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, L. Elliott, Fair, Farr, Fulmer, Gonzales, Hallman, P. Harris, Harrison, Haskins, Hendricks, Huff, Jaskwhich, Keegan, Kempe, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, L. Martin, McGinnis, McKay, Meacham, Quinn, Rama, Rhoad, Riser, Rogers, Sharpe, Shissias, Smith, Snow, Stone, Sturkie, Tucker, Vaughn, Waites, Waldrop, Wells, Wilder, D. Williams, Wofford, Wright, A. Young, R. Young and Council: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE OFFICERS BY ADDING SECTION 10 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY, NOT LATER THAN JANUARY 15, 1995, BY GENERAL LAW SHALL PROVIDE FOR AN EXECUTIVE CABINET OF THE GOVERNOR CONSISTING OF NOT MORE THAN FIFTEEN MEMBERS AS HEADS OF DEPARTMENTS ORGANIZED AS FAR AS PRACTICABLE ACCORDING TO MAJOR PURPOSES AND FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THOSE AGENCIES OR DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT INCLUDED IN THE EXECUTIVE CABINET SHALL PERFORM THEIR FUNCTIONS AND RESPONSIBILITIES UNDER THE AUSPICES AND SUPERVISION OF THE CABINET DEPARTMENT HEAD UNDER WHOSE JURISDICTION THEY COME.
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, April 21, by Reps. BAXLEY and NEILSON.
Rep. BAXLEY explained the amendment.
Rep. WILKINS spoke against the amendment.
Rep. WILKINS moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Baker Barber Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Byrd Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Council Cromer Fair Farr Felder Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Huff Hyatt Jaskwhich Keegan Kinon Kirsh Klapman Koon Littlejohn Marchbanks Martin, L. McGinnis Meacham Quinn Rama Rhoad Riser Sharpe Sheheen Shissias Smith Snow Stone Tucker Vaughn Waites Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, J. Baxley Beatty Burch, K. Carnell Delleney Elliott, L. Foster Harrelson Holt Houck Inabinett Jennings Kempe Kennedy Keyserling Mattos McAbee McCraw McElveen McKay McLeod McTeer Neilson Ross Rudnick Scott Stoddard Townsend White Williams, D. Williams, J.
So, the amendment was tabled.
Reps. RUDNICK, WAITES, CROMER, BAXLEY and KEMPE proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\BR1\2416.AC), which was ruled out of order.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Article XV of the Constitution of this State be amended by adding at the end:
"Section 4. Persons holding public office in the executive or legislative branch of state or local governments may be recalled by the people as follows:
(1) As used in this section:
(a) 'Public office' means a position of duty, trust, or authority in the executive or legislative branch of government created by the Constitution, the General Assembly, or a political subdivision through authority conferred by the Constitution or the General Assembly that is filled by a vote of qualified electors for a definite term of office fixed by law.
(b) 'Political subdivision' means a local government unit, including, but not limited to, a county, municipal corporation, school district, or special purpose district.
(c) 'State-district' means a house of representatives or senatorial district, or a judicial circuit.
(2) (a) Every person holding a public office of the State or any of its political subdivisions in the executive or legislative branch of state or local government, filled by a vote of qualified electors is subject to recall from the office.
(b) A public officer holding an elective office may be recalled by the qualified electors entitled to vote for his successor.
(c) Physical or mental lack of fitness, incompetence, violation of his oath of office, official misconduct, or conviction of a felony offense enumerated in the current statutory laws of South Carolina is the only basis for recall. No person may be recalled for performing a mandatory duty of the office he holds or for not performing an act that, if performed, would subject him to prosecution for official misconduct.
(3) The recall is cumulative and additional to, rather than a substitute for, other methods for removal of public officers.
(4) (a) Every person who is a qualified elector of this State may sign a petition for recall of a state officer.
(b) Every person who is a qualified elector of a district of the State from which a state-district officer is elected may sign a petition for recall of a state-district officer of that district.
(c) Every person who is a qualified elector of a political subdivision of this State may sign a petition for recall of an officer of that political subdivision. However, if a political subdivision is divided into election districts, a person must be a qualified elector in the election district to be eligible to sign a petition to recall an officer elected from that election district and the signature requirements of item (6) apply only to persons registered in the appropriate election district.
(5) (a) A recall petition may not name more than one officer to be recalled.
(b) No recall petition against an officer may be approved for circulation, as required in paragraph (c) of item (9) of this section, until he has held office for three months.
(c) No recall petition may be filed against an officer for whom a recall election has been held for a period of two years during his term of office unless the State or political subdivision financing the recall election is first reimbursed for all expenses of the preceding recall election.
(6) Recall petitions for state officers must contain the signatures of qualified electors equaling at least fifteen percent of the number of persons registered to vote at the preceding state general election. A petition for the recall of a state-district officer must contain the signatures of qualified electors equaling at least twenty-five percent of the number of persons registered to vote in the last preceding election in that district. Recall petitions for county officers must contain the signatures of qualified electors equaling at least twenty-five percent of the number of persons registered to vote at the preceding county general election. Recall petitions for elected or appointed officers of municipalities, special purpose districts, or school districts must contain the signatures of qualified electors equaling at least twenty-five percent of the number of persons registered to vote at the preceding election for offices of the municipality, special purpose district, or school district.
(7) (a) Recall petitions must be filed with the official who is provided by law to accept the declaration of nomination or petition for nomination for the office.
(b) If the appropriate filing official refuses to accept and file a petition for recall with the proper number of signatures of qualified electors, an elector may within ten days after the refusal apply to the circuit court for a writ of mandamus. If it is determined that the petition is sufficient, the circuit court shall order the petition to be filed with a certified copy of the writ attached as of the date when it was originally offered for filing. On a showing that a filed petition is not sufficient, the court may enjoin certification, printing, or recall election.
(c) All suits or appeals therefrom must be advanced on the court docket and heard and decided by the court as expeditiously as possible.
(d) An aggrieved party may file an appeal within ten days after an adverse order or decision as provided by law.
(8) (a) The form of the recall petition is substantially as follows:
To the Honorable _____________, (name and office of filing officer): We, the undersigned qualified electors of the State of South Carolina (or name of appropriate state-district or political subdivision and appropriate election district) respectfully petition that an election be held as provided by law on the question of whether __________________________, holding the office of __________________________, should be recalled for the following reasons: (Setting out a general statement of the reasons for recall in not more than two hundred words). By his signature each signer certifies: I have personally signed this petition; I am a qualified elector of the State of South Carolina and (name of appropriate political subdivision and appropriate election district); and my residence and post-office address are correctly written after my name to the best of my knowledge and belief.'
(b) Numbered lines must follow the above heading. Each numbered line must contain spaces for the signature, post-office address, and printed last name of the signer. Each separate sheet of the petition must contain the heading and reasons for the proposed recall as prescribed above.
(9) (a) The signatures on each petition must be placed on sheets of paper known as circulation sheets. Each circulation sheet must be substantially 8 1/2 x 14 inches or a continuous sheet may be folded so as to meet this size limitation. The circulation sheets must be ruled with a horizontal line 1 1/2 inches from the top. The space above the line must remain blank and must be for the purpose of binding.
(b) The petition, for purposes of circulation, may be divided into sections, each section to contain not more than twenty-five circulation sheets.
(c) Before a petition may be circulated for signatures, a sample circulation sheet must be submitted to the officer with whom the petition must be filed in the form in which it must be circulated. The filing officer shall review the petition for sufficiency as to form and approve or reject the form of the petition, stating his reasons, within one week of receiving the sheet.
(d) The petition form submitted must be accompanied by a written statement containing the reasons for the desired recall as stated on the petition. The truth of purported facts contained in the statement must be sworn to by at least one of the petitioners before a person authorized to administer oaths.
(e) The filing officer shall serially number all approved petitions continuously from year to year.
(10) (a) Signed circulation sheets or sections of a petition for recall must be submitted to the officer responsible for registration of electors in the county in which the signatures were obtained within three months of the date the form of the petition was approved under item (9).
(b) An affidavit, in substantially the following form, must be attached to each circulation sheet or section submitted to the county officer:
'_______________________(Name of person circulating petition), being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing it.
_________________________________(Signature)
Subscribed and sworn before me this ____ day of
________, 19__
_________________(Person authorized to take oaths)
___________(Title or notarial information) Seal'.
(11) (a) The county election commission in each county in which a petition is signed shall verify and compare the signatures of each person who has signed the petition to assure that he is an elector in that county and, if satisfied the signatures are genuine, certify that fact to the officer with whom the recall petition is to be filed, in substantially the following form:
'To the Honorable ______________, (name and title of filing officer):
I, _______, _____ (title) of _________ County certify that I have compared the signatures on ..... sheets (specifying number of sheets) of the petition for recall No. _____ attached, in the manner prescribed by law, and I believe _____ (number) signatures are valid for the purpose of the petition. I further certify that the affidavit of the circulator of the (sheet) (section) of the petition is attached and that the post-office address is completed for each valid signature.
Signed _______ (Date) __________ (Signature)
Seal _________________(Title)'.
(b) The certificate is prima facie evidence of the facts stated in it, and the officer receiving the recall petition may consider and count only the signatures as are certified. However, the officer with whom the recall petition is filed shall consider and count any remaining signatures of the registered voters which prove to be genuine, and those signatures must be considered and counted if they are attested to in the manner and form as provided contested ballots in general elections.
(c) The county election commission may not retain any portion of a petition for more than thirty days following the receipt of that portion. At the expiration of the thirty-day period, the commission clerk shall certify the valid signatures on that portion of the petition and deliver it to the person with whom the petition is required to be filed.
(12) Upon filing the petition or a portion of the petition containing the number of valid signatures required under item (5), the official with whom it is filed shall immediately give written notice to the officer named in the petition. The notice must state that a recall petition has been filed, must set forth the reasons contained in it, and must notify the officer named in the recall petition that he has the right to prepare and have printed on the ballot a statement containing not more than two hundred words giving reasons why he should not be recalled. No statement of justification may be printed on the ballot unless it is delivered to the filing official within ten days of the date notice is given.
(13) (a) If the officer named in the petition for recall submits his resignation in writing, it must be accepted and become effective the day it is offered. The vacancy created by the resignation must be filled as provided by law, provided that the officer named in the petition for recall may not be appointed to fill the vacancy. If the officer named in the petition for recall refuses to resign or does not resign within five days after the petition is filed, a special election must be called unless the filing is within ninety days of a general election, in which case the question must be placed on a separate ballot at the same time as the general election.
(b) The call of a special election must be made by the Governor in the case of a state or state-district officer or by the board or officer empowered by law, to call special elections for a political subdivision in the case of an officer of a political subdivision of the State.
(14) The notice of a recall election must be in substantially the following form:
Notice is hereby given pursuant to law that a recall election will be held on ________ (Date) for the purpose of voting upon the recall of __________ who holds the office of ______________________________________________
DATED at _______________, ______________ (Date)'.
(15) A special election for recall must be conducted and the results canvassed and certified in the same manner that the law in effect at the time of the election for recall requires for an election to fill the office that is the subject of the recall petition, except as otherwise provided in this section. The powers and duties conferred or imposed by law upon election commissioners, registration officers, canvassing boards, and other public officials who conduct general elections are conferred and imposed upon similar officers conducting recall elections under the provisions of this section together with the penalties prescribed for breach.
(16) (a) The ballot at a recall election shall set forth the statement contained in the recall petition stating the reasons for demanding the recall of the officer and the officer's statement of reasons why he should not be recalled. The question of whether the officer should be recalled must be placed on the ballot in a form similar to the following:
_ FOR recalling _________who holds
the office of ____________
_ AGAINST recalling _____who holds
the office of ____________
(b) The form of the ballot must be approved as provided in the election laws of this State.
(17) Expenses of a recall election must be paid in the same manner as the expenses for any other election. The expenditure of the funds constitutes an emergency expenditure of funds, and the political subdivision affected may fund the costs of a recall election through emergency funding procedures. If a recall election is held for a state or state-district officer, the General Assembly shall appropriate funds to reimburse the counties involved for costs incurred in conducting the election.
(18) The officer named in the recall petition continues in office until he resigns or the results of the recall election are officially declared. If a majority of those voting on the question vote to remove the officer, the office becomes vacant and the vacancy must be filled as provided by law, provided that the officer recalled may not be appointed to fill the vacancy."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written thereon:
"Shall Article XV of the Constitution of this State be amended to add Section 4 so as to provide that a person holding a public office of the State or any of its political subdivisions who is elected by a vote of the qualified electors for a definite term fixed by law must be recalled and removed from office if at least fifteen percent of the qualified electors of this State, in the case of a state-elected officer, or at least twenty-five percent of the qualified electors of a state-district office in the case of state-district officers, or twenty-five percent of the qualified electors of a county, municipal corporation, school district, or special purpose district or twenty-five percent of an election district thereof in the case of single member districts in the case of an officer of any of those entities, by petition request a special election to determine whether or not the qualified electors of the State or political subdivision desire to recall and remove the official and if a majority of those persons voting in the special election vote in favor of recalling and removing the official?
Yes _
No _
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HUFF raised the Point of Order that Amendment No. 4 was out of order as it was not germane as it dealt with the recalling of the members of the General Assembly and that the articles were not the same.
Rep. RUDNICK argued contra the Point.
The SPEAKER stated that the Resolution dealt with appointed officials and not elected officials of state government and he sustained the Point of Order and ruled the Amendment out of order.
Reps. RUDNICK, WAITES, CROMER, BAXLEY and KEMPE proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BR1\2417.AC), which was ruled out of order:
Amend the resoluiton, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Article XV of the Constitution of this State be amended by adding:
"Section 4. (A) For purposes of this section, 'public official' means an officer or employee of the State or a political subdivision who is elected or appointed for a definite term which is fixed by law. The Governor and other executive and judicial officers liable to impeachment, as provided in Section 3 of this article, are not considered 'public officials'.
(B) In the case of a state public official, if a petition executed by twenty-five percent of the qualified electors of this State and certified by the State Election Commission is presented to the General Assembly, or in the case of a public official of a political subdivision, if a petition executed by twenty-five percent of the qualified electors of the subdivision and certified by the appropriate county election commission is presented to the General Assembly requesting that the public official be recalled and removed from office, the General Assembly shall set a special election not later than ninety days nor earlier than thirty days after receipt of the petition to ascertain the wishes of the qualified electors of the State or political subdivision as to whether or not they desire to have the public official recalled and removed from office.
(C) All qualified electors of this State in the case of a state public official or all qualified electors of a political subdivision in the case of a public official of that subdivision are eligible to vote in the special election. In an election to determine whether or not a public official should be recalled and removed, the question must be framed and printed on the prepared ballot in the following form: 'Must (name of public official) who is now serving as (office held) be recalled and removed from office? YES NO (Strike one)'. If a majority of the qualified electors voting in the election vote in favor of recalling and removing the public official he must be recalled and removed from office on the first day of July immediately following the special election.
(D) Notice of all special elections relating to the recall and removal of a public official must be published at least three weeks in advance in at least one newspaper of general circulation in each county of this State in the case of a state public official and in the case of a public official of a political subdivision in at least one newspaper of general circulation in the subdivision. The State or subdivision shall pay all expenses incurred in the conduct of any election. Elections must be conducted in accordance with the provisions of general law regulating special elections as they apply to referendums in this State.
(E) If a special election is held pursuant to this section to recall and remove a public official, no other election to remove the official may be held for a period of four years after the special election."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article XV of the Constitution of this State be amended by adding Section 4 so as to provide that an officer or employee of the State or a political subdivision who is elected or appointed for a definite term which is fixed by law, other than executive and judicial officers, must be recalled and removed from office if at least twenty-five percent of the qualified electors of this State, in the case of a state public official, or at least twenty-five percent of the qualified electors of a political subdivision, in the case of a public official of the subdivision, by petition request a special election to determine whether or not all qualified electors of the State or political subdivision desire to recall and remove the official and if a majority of those persons voting in the special election vote in favor of recalling and removing the official?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HUFF raised the Point of Order that Amendment No. 5 was out of order as it was not germane.
Rep. RUDNICK argued contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the Amendment out of order.
Rep. HODGES proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\436\12300.DW), which was tabled.
Amend the joint resolution, as and if amended, by striking all before the enacting words and inserting:
/Whereas, the present system of government provides that the affairs of state agencies (other than the legislative, executive, and judicial branches) are managed by boards and commissions composed of citizens from across the State; and
Whereas, these boards and commissions are either appointed by the Governor, with the advice and consent of the Senate, or by the legislature, or by some combination of both; and
Whereas, the issue before the electors voting on this Constitutional amendment is whether the affairs of these state agencies must be managed by those boards and commissions or by an executive cabinet of the Governor organized as far as practicable according to major purposes and functions of government under the auspices and supervision of the appropriate cabinet department head under whose jurisdiction they come. Now, therefore,/
Amend further by striking all after the enacting words and inserting:
/SECTION 1. Article VI of the Constitution of South Carolina, 1895, is amended by adding:
"Section 10. The General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor consisting of heads of departments organized as far as practicable according to major purposes and functions as determined by the General Assembly. The department heads established in the cabinet must be appointed by the Governor upon the advice and consent of the Senate by recorded vote. They shall serve at the pleasure of the Governor with that compensation as provided by law.
Those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come. No legislative or judicial branches of government or the agencies or functions of them may be made a part of the executive cabinet's jurisdiction."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to state officers be amended by adding Section 10 so as to provide that the General Assembly not later than January 15, 1995, by general law, shall provide for an executive cabinet of the Governor consisting of heads of departments organized as far as practicable according to major purposes and functions as determined by the General Assembly, and to provide that those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word '."
SECTION 3. It is proposed that Article VI of the Constitution of this State be amended by adding:
"Section 11. Notwithstanding the provisions of Section 7 of this article, the Governor shall appoint a Secretary of State, with the advice and consent of the Senate, who shall hold office for four years, coterminous with that of the Governor. His duties and compensation may not be increased or diminished during the period for which he has been appointed.
The Secretary of State who was elected and who is serving in office on the effective date of ratification of the provisions in this section providing for this office to be filled by appointment of the Governor shall continue to serve until his current term expires.
Upon ratification of this amendment, the Secretary of State is deleted from the list of officers in Section 7 of this article."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State relating to state officers be amended by adding Section 11 so as to provide that the office of Secretary of State must be filled by appointment by the Governor, with the advice and consent of the Senate, instead of popular election by the qualified voters of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word '."
SECTION 5. It is proposed that Article VI of the Constitution of this State be amended by adding:
"Section 12. Notwithstanding the provisions of Section 7 of this article, the Governor shall appoint an Attorney General, with the advice and consent of the Senate, who shall hold office for four years, coterminous with that of the Governor. His duties and compensation may not be increased or diminished during the period for which he has been appointed.
The Attorney General who was elected and who is serving in office on the effective date of ratification of the provisions in this section providing for this office to be filled by appointment of the Governor shall continue to serve until his current term expires.
Upon ratification of this amendment, the Attorney General is deleted from the list of officers in Section 7 of this article."
SECTION 6. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State relating to state officers be amended by adding Section 12 so as to provide that the office of Attorney General must be filled by appointment by the Governor, with the advice and consent of the Senate, instead of popular election by the qualified voters of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word '."
SECTION 7. It is proposed that Article VI of the Constitution of this State be amended by adding:
"Section 13. Notwithstanding the provisions of Section 7 of this article, the Governor shall appoint a Treasurer, with the advice and consent of the Senate, who shall hold office for four years, coterminous with that of the Governor. His duties and compensation may not be increased or diminished during the period for which he has been appointed.
The Treasurer who was elected and who is serving in office on the effective date of ratification of the provisions in this section providing for this office to be filled by appointment of the Governor shall continue to serve until his current term expires.
Upon ratification of this amendment, the Treasurer is deleted from the list of officers in Section 7 of this article."
SECTION 8. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State relating to state officers be amended by adding Section 13 so as to provide that the office of Treasurer must be filled by appointment by the Governor, with the advice and consent of the Senate, instead of popular election by the qualified voters of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word '."
SECTION 9. It is proposed that Article VI of the Constitution of this State be amended by adding:
"Section 14. Notwithstanding the provisions of Section 7 of this article, the Governor shall appoint a Superintendent of Education, with the advice and consent of the Senate, who shall hold office for four years, coterminous with that of the Governor. His duties and compensation may not be increased or diminished during the period for which he has been appointed.
The Superintendent of Education who was elected and who is serving in office on the effective date of ratification of the provisions in this section providing for this office to be filled by appointment of the Governor shall continue to serve until his current term expires.
Upon ratification of this amendment, the Superintendent of Education is deleted from the list of officers in Section 7 of this article."
SECTION 10. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State relating to state officers be amended by adding Section 14 so as to provide that the office of Superintendent of Education must be filled by appointment by the Governor, with the advice and consent of the Senate, instead of popular election by the qualified voters of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word '."
SECTION 11. It is proposed that Article VI of the Constitution of this State be amended by adding:
"Section 15. Notwithstanding the provisions of Section 7 of this article, the Governor shall appoint a Comptroller General, with the advice and consent of the Senate, who shall hold office for four years, coterminous with that of the Governor. His duties and compensation may not be increased or diminished during the period for which he has been appointed.
The Comptroller General who was elected and who is serving in office on the effective date of ratification of the provisions in this section providing for this office to be filled by appointment of the Governor shall continue to serve until his current term expires.
Upon ratification of this amendment, the Comptroller General is deleted from the list of officers in Section 7 of this article."
SECTION 12. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State relating to state officers be amended by adding Section 15 so as to provide that the office of Comptroller General must be filled by appointment by the Governor, with the advice and consent of the Senate, instead of popular election by the qualified voters of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word '."
SECTION 13. It is proposed that Article VI of the Constitution of this State be amended by adding:
"Section 16. Notwithstanding the provisions of Section 7 of this article, the Governor shall appoint a Commissioner of Agriculture, with the advice and consent of the Senate, who shall hold office for four years, coterminous with that of the Governor. His duties and compensation may not be increased or diminished during the period for which he has been appointed.
The Commissioner of Agriculture who was elected and who is serving in office on the effective date of ratification of the provisions in this section providing for this office to be filled by appointment of the Governor shall continue to serve until his current term expires.
Upon ratification of this amendment, the Commissioner of Agriculture is deleted from the list of officers in Section 7 of this article."
SECTION 14. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State relating to state officers be amended by adding Section 16 so as to provide that the office of Commissioner of Agriculture must be filled by appointment by the Governor, with the advice and consent of the Senate, instead of popular election by the qualified voters of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word '."
SECTION 15. It is proposed that Article VI of the Constitution of this State be amended by adding:
"Section 17. Notwithstanding the provisions of Section 7 of this article and Section 7 of Article XIII, the Governor shall appoint an Adjutant General, with the advice and consent of the Senate, who shall hold office for four years, coterminous with that of the Governor. His duties and compensation may not be increased or diminished during the period for which he has been appointed.
The Adjutant General who was elected and who is serving in office on the effective date of ratification of the provisions in this section providing for this office to be filled by appointment of the Governor shall continue to serve until his current term expires.
Upon ratification of this amendment, the Adjutant General is deleted from the list of officers in Section 7 of this article."
SECTION 16. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State relating to state officers be amended by adding Section 17 so as to provide that the office of Adjutant General must be filled by appointment by the Governor, with the advice and consent of the Senate, instead of popular election by the qualified voters of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word '."
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. McELVEEN spoke in favor of the amendment.
Rep. CARNELL spoke upon the amendment.
Rep. CARNELL moved to suspend Rule 5.19A.
Rep. WILKINS moved to table the motion.
Rep. McABEE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Council Elliott, L. Fair Felder Fulmer Gentry Gonzales Hallman Harrison Harwell Haskins Hendricks Huff Hyatt Jaskwhich Keegan Keyserling Kinon Kirsh Klapman Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Meacham Nettles Phillips Quinn Rama Rhoad Riser Rogers Sharpe Sheheen Shissias Smith Snow Stone Tucker Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Bailey, J. Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott, D. Farr Foster Glover Harrelson Harris, J. Harris, P. Hodges Holt Houck Inabinett Jennings Kempe Kennedy Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Ross Rudnick Scott Shirley Stoddard Taylor Townsend Waites Whipper White Wilkes Williams, D. Williams, J.
So, the motion to table was agreed to.
Rep. WILKINS moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Baker Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Council Cromer Elliott, L. Fair Farr Felder Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Huff Hyatt Jaskwhich Keegan Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Meacham Quinn Rama Riser Rogers Sharpe Shissias Smith Stone Tucker Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, G. Bailey, J. Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Delleney Elliott, D. Foster Glover Harrelson Hodges Holt Houck Inabinett Jennings Kempe Kennedy Keyserling Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Nettles Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Snow Stoddard Taylor Townsend Waites Whipper White Wilkes Williams, D. Williams, J.
So, the amendment was tabled.
Rep. CLYBORNE moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. WHITE moved to rescind Rule 3.9.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Anderson Bailey, G. Baxley Beatty Bennett Boan Brown, G. Brown, J. Byrd Carnell Chamblee Cobb-Hunter Elliott, D. Elliott, L. Farr Foster Fulmer Glover Hallman Harrelson Harris, P. Hodges Houck Inabinett Kempe Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Scott Snow Stoddard Taylor Tucker Waldrop Whipper White Wilkes Williams, D. Williams, J.
Those who voted in the negative are:
Bailey, J. Baker Beasley Brown, H. Burch, K. Cato Clyborne Corbett Council Cromer Delleney Fair Felder Gentry Gonzales Harris, J. Harrison Harwell Haskins Hendricks Holt Huff Hyatt Jaskwhich Jennings Keegan Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Quinn Rama Riser Rogers Sharpe Sheheen Shirley Shissias Smith Stone Townsend Vaughn Waites Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to rescind Rule 3.9.
Reps. HODGES and McELVEEN proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\436\12301.DW), which was tabled.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article VI of the Constitution of South Carolina, 1895, is amended by adding:
"Section 10. The General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor consisting of not more than fifteen members as heads of departments organized as far as practicable according to major purposes and functions as determined by the General Assembly. The department heads in the cabinet so established must be appointed by the Governor upon the advice and consent of the Senate by recorded vote. They shall serve at the pleasure of the Governor with that compensation as provided by law.
Those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come. No legislative or judicial branches of government or the agencies or functions thereof may be made a part of the executive cabinet's jurisdiction, and nothing in this section shall affect the office, powers, or duties of the constitutional officers of this State."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Article VI of the Constitution of this State relating to state officers be amended by adding Section 10 so as to provide that the General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor consisting of not more than fifteen members as heads of departments organized as far as practicable according to major purposes and functions as determined by the General Assembly, and to provide that those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. It is proposed that Article VI of the Constitution of this State be amended by adding:
"Section 14. Notwithstanding the provisions of Section 7 of this article, the Governor shall appoint a Superintendent of Education, with the advice and consent of the Senate, who shall hold office for four years, coterminous with that of the Governor. His duties and compensation may not be increased or diminished during the period for which he has been appointed.
The Superintendent of Education who was elected and who is serving in office on the effective date of ratification of the provisions in this section providing for this office to be filled by appointment of the Governor shall continue to serve until his current term expires.
Upon ratification of this amendment, the Superintendent of Education is deleted from the list of officers in Section 7 of this article."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State relating to state officers be amended by adding Section 14 so as to provide that the office of Superintendent of Education must be filled by appointment by the Governor, with the advice and consent of the Senate, instead of popular election by the qualified voters of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word '."
SECTION 5. It is proposed that Article VI of the Constitution of this State be amended by adding:
"Section 16. Notwithstanding the provisions of Section 7 of this article, the Governor shall appoint a Commissioner of Agriculture, with the advice and consent of the Senate, who shall hold office for four years, coterminous with that of the Governor. His duties and compensation may not be increased or diminished during the period for which he has been appointed.
The Commissioner of Agriculture who was elected and who is serving in office on the effective date of ratification of the provisions in this section providing for this office to be filled by appointment of the Governor shall continue to serve until his current term expires.
Upon ratification of this amendment, the Commissioner of Agriculture is deleted from the list of officers in Section 7 of this article."
SECTION 6. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State relating to state officers be amended by adding Section 16 so as to provide that the office of Commissioner of Agriculture must be filled by appointment by the Governor, with the advice and consent of the Senate, instead of popular election by the qualified voters of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word '."
SECTION 7. It is proposed that Article VI of the Constitution of this State be amended by adding:
"Section 17. Notwithstanding the provisions of Section 7 of this article and Section 7 of Article XIII, the Governor shall appoint an Adjutant General, with the advice and consent of the Senate, who shall hold office for four years, coterminous with that of the Governor. His duties and compensation may not be increased or diminished during the period for which he has been appointed.
The Adjutant General who was elected and who is serving in office on the effective date of ratification of the provisions in this section providing for this office to be filled by appointment of the Governor shall continue to serve until his current term expires.
Upon ratification of this amendment, the Adjutant General is deleted from the list of officers in Section 7 of this article."
SECTION 8. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State relating to state officers be amended by adding Section 17 so as to provide that the office of Commissioner of Agriculture must be filled by appointment by the Governor, with the advice and consent of the Senate, instead of popular election by the qualified voters of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word '."/
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. HODGES continued speaking.
Rep. ROSS spoke in favor of the amendment.
Rep. ROSS continued speaking.
The SPEAKER granted Rep. FULMER a temporary leave of absence.
Rep. McELVEEN spoke in favor of the amendment.
Rep. G. BROWN spoke against the amendment.
Rep. FELDER spoke against the amendment.
Rep. WILKINS moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, G. Baker Beasley Brown, G. Brown, H. Bruce Cato Chamblee Clyborne Cooper Corbett Council Cromer Elliott, L. Fair Farr Felder Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Huff Hyatt Jaskwhich Keegan Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay McTeer Meacham Nettles Quinn Rama Riser Rogers Sharpe Shissias Smith Snow Stone Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Anderson Barber Baxley Beatty Bennett Boan Brown, J. Burch, K. Byrd Carnell Cobb-Hunter Delleney Elliott, D. Foster Glover Harvin Hodges Holt Houck Inabinett Jennings Kempe Kennedy Keyserling Martin, D. Martin, M. McAbee McCraw McElveen McLeod Neilson Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Stoddard Taylor Whipper White Williams, D.
So, the amendment was tabled.
The SPEAKER granted Rep. STODDARD a temporary leave of absence.
Reps. HODGES and McELVEEN proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\436\12302.DW), which was tabled.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article VI of the Constitution of South Carolina, 1895, is amended by adding:
"Section 10. The General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor consisting of not more than fifteen members as heads of departments organized as far as practicable according to major purposes and functions as determined by the General Assembly. The department heads in the cabinet so established must be appointed by the Governor upon the advice and consent of the Senate by recorded vote. They shall serve at the pleasure of the Governor with that compensation as provided by law.
Those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come. No legislative or judicial branches of government or the agencies or functions thereof may be made a part of the executive cabinet's jurisdiction, and nothing in this section shall affect the office, powers, or duties of the constitutional officers of this State."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Article VI of the Constitution of this State relating to state officers be amended by adding Section 10 so as to provide that the General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor consisting of not more than fifteen members as heads of departments organized as far as practicable according to major purposes and functions as determined by the General Assembly, and to provide that those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. It is proposed that Article VI of the Constitution of this State be amended by adding:
"Section 14. Notwithstanding the provisions of Section 7 of this article, the Governor shall appoint a Superintendent of Education, with the advice and consent of the Senate, who shall hold office for four years, coterminous with that of the Governor. His duties and compensation may not be increased or diminished during the period for which he has been appointed.
The Superintendent of Education who was elected and who is serving in office on the effective date of ratification of the provisions in this section providing for this office to be filled by appointment of the Governor shall continue to serve until his current term expires.
Upon ratification of this amendment, the Superintendent of Education is deleted from the list of officers in Section 7 of this article."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State relating to state officers be amended by adding Section 14 so as to provide that the office of Superintendent of Education must be filled by appointment by the Governor, with the advice and consent of the Senate, instead of popular election by the qualified voters of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word '."
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. ROSS spoke in favor of the amendment.
Rep. WILKINS moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Beasley Brown, H. Bruce Cato Chamblee Clyborne Cooper Corbett Council Cromer Elliott, L. Fair Farr Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Hendricks Huff Hyatt Keegan Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Nettles Phillips Quinn Rama Riser Rogers Sharpe Shissias Smith Snow Stone Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Cobb-Hunter Delleney Elliott, D. Foster Gentry Glover Harrelson Harvin Haskins Hodges Holt Houck Inabinett Jaskwhich Jennings Kempe Keyserling Martin, D. Martin, M. McAbee McCraw McElveen McLeod McTeer Neilson Rhoad Ross Rudnick Scott Sheheen Shirley Taylor Whipper White Williams, D. Williams, J.
So, the amendment was tabled.
Rep. HOLT moved to rescind Rule 3.9.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Anderson Bailey, J. Barber Baxley Beatty Brown, G. Brown, J. Byrd Carnell Chamblee Cobb-Hunter Farr Foster Glover Harris, P. Hodges Holt Houck Inabinett Kempe Klapman Martin, D. Mattos McAbee McCraw McElveen McKay McLeod McTeer Nettles Phillips Rhoad Ross Rudnick Snow Taylor Whipper White Wilkes Williams, D. Williams, J.
Those who voted in the negative are:
Bailey, G. Baker Beasley Brown, H. Bruce Burch, K. Cato Clyborne Cooper Corbett Council Cromer Delleney Elliott, D. Elliott, L. Fair Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harrison Harvin Harwell Haskins Hendricks Huff Hyatt Jaskwhich Jennings Keegan Keyserling Kinon Kirsh Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McGinnis Meacham Neilson Quinn Rama Riser Rogers Sharpe Sheheen Shirley Shissias Smith Stone Townsend Vaughn Waites Waldrop Wells Wilder Wilkins Wright Young, A. Young, R.
So, the House refused to rescind Rule 3.9.
Rep. CARNELL proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\CYY\19140.SD), which was tabled.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. A statewide referendum must be conducted at the same time as the 1992 general election with the following question submitted to the qualified electors of the State:
"Do you favor the General Assembly reorganizing and restructuring the executive branch of state government into not more than a total of fifteen agencies and departments with these agencies and departments organized as far as practicable according to major purposes and functions?
Yes _
No _
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The State Election Commission shall conduct and supervise this referendum in the manner governed by the election laws of this State, mutatis mutandi. The commission shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commission shall publish notice of the election pursuant to Section 7-13-35 of the 1976 Code. The costs of the referendum must be borne by the State.
SECTION 2. If the results of the referendum conducted in the general election are in support of the General Assembly reorganizing and restructuring the executive branch of state government in the manner provided by Section 1, the General Assembly, no later than January 15, 1995, by general law shall enact such reorganizing and restructuring.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Council Cromer Elliott, L. Fair Felder Fulmer Gentry Gonzales Hallman Harris, J. Harrison Harvin Harwell Haskins Hendricks Holt Huff Hyatt Jaskwhich Keegan Kempe Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Mattos McGinnis McKay Meacham Quinn Rama Riser Rogers Sharpe Sheheen Shissias Smith Snow Stone Tucker Vaughn Waites Waldrop Wells Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Delleney Elliott, D. Farr Foster Glover Harrelson Harris, P. Houck Inabinett Jennings Keyserling Martin, M. McAbee McCraw McLeod McTeer Neilson Phillips Ross Rudnick Scott Shirley Taylor Townsend White Williams, D. Williams, J.
So, the amendment was tabled.
Rep. McELVEEN proposed the following Amendment No. 10, which was adopted.
Amend the resolution, as and if amended, by inserting at page 2, line 22, after the word "affect" the words "or diminish".
Rep. McELVEEN explained the amendment.
Rep. WILKINS spoke in favor of the amendment.
The amendment was then adopted.
Rep. McELVEEN proposed the following Amendment No. 11, which was adopted.
Amend the resolution, as and if amended, in Section 2 by inserting immediately after /come/ on line 33 of page 2 the following:
/, and to provide that no such general law shall affect the legislative or judicial branches of government and their agencies or functions, and that nothing in such general law shall affect or diminish the office, powers or duties of the constitutional officers of this State?/
Rep. McELVEEN explained the amendment.
The amendment was then adopted.
Reps. McABEE and CARNELL proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\CYY\19083.SD), which was tabled.
Amend the resolution, as and if amended, by the report of the Committee on Judiciary, by striking all after the enacting words and inserting:
/SECTION 1. There is hereby created a committee composed of fifteen members to study whether or not the General Assembly by general law should establish an executive cabinet of the Governor consisting of heads of departments organized as far as practicable according to major purposes and functions, and which agencies and departments of the executive branch of state government should be included in the executive cabinet.
Five members of the committee must be members of the House of Representatives appointed by the Speaker, five members of the committee must be members of the Senate appointed by the President of the Senate, and five members must be appointed by the Governor. The committee shall meet as soon as practicable after appointment for the purpose of organizing and electing officers. The members of the committee shall be paid the usual mileage, per diem, and subsistence as is paid to members of state boards, commissions, and committees. The Legislative Council and the standing committees of each house shall render such assistance to the committee as it requires. The committee shall render its report to the Governor and the General Assembly not later than April 1, 1993.
SECTION 2. This resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. McABEE spoke in favor of the amendment.
Reps. KIRSH and HODGES spoke against the amendment.
Rep. WILKINS moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baxley Beasley Bennett Boan Brown, H. Brown, J. Bruce Burch, K. Byrd Cato Clyborne Cobb-Hunter Cooper Corbett Corning Council Cromer Elliott, D. Elliott, L. Fair Farr Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hodges Houck Huff Hyatt Jaskwhich Jennings Keegan Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. Mattos McGinnis McKay Meacham Neilson Phillips Quinn Rama Rhoad Riser Rogers Ross Scott Sharpe Sheheen Shissias Smith Snow Stone Taylor Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Carnell Delleney Foster Glover Harrelson Holt Inabinett Kennedy McAbee McLeod McTeer Rudnick Shirley Townsend White Williams, D.
So, the amendment was tabled.
The SPEAKER granted Rep. J. WILLIAMS a leave of absence for the remainder of the day.
Rep. WILKINS moved immediate cloture on the entire matter.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Baker Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Corning Council Cromer Elliott, L. Fair Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Huff Hyatt Jaskwhich Keegan Keyserling Kirsh Klapman Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Meacham Nettles Quinn Rama Riser Rogers Sharpe Shissias Smith Snow Stone Tucker Vaughn Waites Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, G. Barber Baxley Bennett Boan Brown, G. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Delleney Elliott, D. Farr Foster Gentry Glover Harrelson Hodges Holt Houck Inabinett Jennings Kempe Kennedy Kinon Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Taylor Townsend Whipper White Wilkes Williams, D.
So, immediate cloture was ordered.
Rep. CARNELL moved that the House do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barber Brown, G. Carnell Cobb-Hunter Delleney Farr Glover Harrelson Harris, P. Holt Houck Inabinett McAbee McCraw McLeod Ross Shirley Townsend White Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Baker Beasley Boan Brown, H. Bruce Burch, K. Cato Chamblee Clyborne Cooper Corbett Council Cromer Elliott, D. Elliott, L. Fair Fulmer Gentry Gonzales Hallman Harris, J. Harrison Harvin Harwell Haskins Hendricks Hodges Huff Hyatt Jaskwhich Keegan Kennedy Keyserling Kinon Kirsh Littlejohn Marchbanks McElveen McGinnis McKay McTeer Meacham Neilson Phillips Quinn Rama Rhoad Riser Rogers Rudnick Sharpe Sheheen Smith Stone Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Reps. McABEE and CARNELL proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\CYY\19084.SD), which was tabled.
Amend the resolution, as and if amended by the report of the Committee on Judiciary, by striking all after the enacting words and inserting:
/SECTION 1. The State Reorganization Commission and the Legislative Audit Council shall jointly study state government in order to make recommendations concerning the following objectives:
(1) to implement changes that will make state government more efficient, effective, and accountable to the people of the State;
(2) to eliminate unnecessary duplication of government services and administration by streamlining state government;
(3) to consolidate agencies' functions and administration wherever such consolidation is both feasible and desirable;
(4) to study the desirability of implementing Total Quality Management (TQM) in state government; and
(5) to study the regency system of higher education and other organizational structures of other states' higher education systems in order to compare to South Carolina's present system for the purpose of the possible reorganization of this state's system of higher education.
In their study the commission and the council shall give consideration to recent reports of the committee on the future of South Carolina and the Commission on Government Restructuring.
SECTION 2. The State Reorganization Commission and the Legislative Audit Council shall delay or suspend all sunset review, other projects, and activities to the extent necessary to ensure that the objectives herein specified are given priority and are accomplished within the prescribed timeframe. If additional funding is deemed necessary, the commission and the council must request and justify such funding in the annual appropriation process.
SECTION 3. (A) The manner in which the study required by this resolution must be conducted is provided in this subsection. The Legislative Audit Council shall first conduct an audit of the agencies and departments falling within a division classification hereinafter established in subsection (C) and shall render a report thereon to the State Reorganization Commission in the same manner that audits are conducted and reports rendered as provided by Chapter 15, Title 2 of the 1976 Code. The State Reorganization Commission shall then examine the report of the Audit Council and make a recommendation as to any desirable reorganization or consolidation of the agencies and departments examined in the report and shall make its recommendations to the Governor and the General Assembly in the same manner it prepares and submits reorganization plans as provided by Chapter 19, Title 1 of the 1976 Code.
(B) For purposes of subsection (C), agencies and departments must be grouped within the particular divisions therein established as determined by the Audit Council and Reorganization Commission, except that to the extent possible the Audit Council and Reorganization Commission shall group agencies within divisions in the same manner the agencies are grouped within divisions in the recapitulation section of the most recent annual general appropriations bill.
(C) The study of the Audit Council and the Reorganization Commission must be conducted and rendered according to the following schedule:
(1) Transportation Division;
(a) date Audit Council
report due Reorganization Commission 12/31/92
(b) date Reorganization
Commission recommendation due 6/30/93
(c) date agencies terminated
unless General Assembly restructures or
reauthorizes 6/30/94
(2) Health and Human Services,
Environmental and Health Services
Divisions;
(a) date Audit Council report
due Reorganization Commission 6/30/93
(b) date Reorganization
Commission recommendation due 12/31/93
(c) date agencies terminated
unless General Assembly restructures or
reauthorizes 6/30/94
(3) Public Instruction, Higher
Education Divisions;
(a) date Audit Council report
due Reorganization Commission 12/31/93
(b) date Reorganization
Commission recommendation due 6/30/94
(c) date agencies terminated
unless General Assembly restructures or
reauthorizes 6/30/95
(4) Administration, Adjutant
General Divisions;
(a) date Audit Council report
due Reorganization Commission 6/30/94
(b) date Reorganization
Commission recommendation due 12/31/94
(c) date agencies terminated
unless General Assembly restructures or
reauthorizes 6/30/96
(5) Corrections, Rehabilitation,
Public Safety Divisions;
(a) date Audit Council report
due Reorganization Commission 12/31/94
(b) date Reorganization
Commission recommendation due 6/30/95
(c) date agencies terminated
unless General Assembly restructures or
reauthorizes 6/30/96
(6) Commerce, Natural Resources,
Agriculture Divisions;
(a) date Audit Council report
due Reorganization Commission 6/30/95
(b) date Reorganization
Commission recommendation due 12/31/95
(c) date agencies or other
entities terminated unless General
Assembly restructures or reauthorizes 6/30/96
(7) Literary and Cultural Affairs,
Employment Services Divisions;
(a) date Audit Council report
due Reorganization Commission 12/31/95
(b) date Reorganization
Commission recommendation due 6/30/96
(c) date agencies terminated
unless General Assembly restructures or
reauthorizes 6/30/97
(D) The Audit Council and Reorganization Commission may complete their reports or recommendations sooner than the dates specified in subsection (C) if their budgets and workloads allow, but the dates required for General Assembly restructuring or reauthorization, which are also the termination dates for the agencies or entities if the General Assembly does not act, remain the same.
(E) Any public authority or entity established by state law, including the State Ports Authority, the South Carolina Research Authority, the State Public Railways Commission, and the South Carolina Public Service Authority, the funding and revenues of which are not expended or appropriated by the General Assembly in the annual state general appropriations act are deemed to come within the commerce division and must be studied and audited in the same manner as are other state agencies and departments coming within the commerce division.
(F) If the General Assembly does not adopt the report of the Audit Council and the recommendations of the Reorganization Commission by enacting appropriate legislation or if it does not otherwise extend that agency or department by act or joint resolution, the agency or department is abolished as of the date specified in subsection (C).
(G) The provisions of Chapter 20, Title 1 of the 1976 Code, relating to the sunsetting of certain agencies and departments are suspended until July 1, 1997.
SECTION 4. The chairmen of Senate and House standing committees and all officers of these bodies including the majority and minority leaders may attend and participate in all State Reorganization Commission meetings which are held in accordance with the requirements of this resolution.
SECTION 5. The Reorganization Commission shall meet each fiscal year at least one time at a central location within each of the state's congressional districts in the evening hours, in order to assure maximum citizen participation, to discuss and receive public input on the need for governmental reorganization and ideas on how to best structure an effective, efficient, and accountable state government.
SECTION 6. This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 61 to 39.
Rep. HARRELSON proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\CYY\19148.SD), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. There is established the South Carolina Government Restructuring Study Committee. Notwithstanding any other provision of law, the committee shall consist of the Lieutenant Governor, the Attorney General, the Comptroller General, the Secretary of State, five members of the Senate to be appointed by the President pro tempore, five members of the House of Representatives to be appointed by the Speaker, and three persons to be appointed by the Governor.
The committee shall make a study to determine whether, and to what extent, the various state boards, committees, commissions, agencies, and councils should be restructured. The committee's study must be conducted over a twelve-month period. At the end of that period, the committee shall present a written report of its findings, and any recommendations, to the Governor and the General Assembly.
The committee shall elect at its first meeting a chairman and a vice chairman from its membership. The committee shall meet at any time and any place in the State as may be designated by the chairman or by any seven members of the committee. A quorum for the purpose of conducting committee business consists of nine members. Members of the committee shall not be compensated for their service but shall receive mileage, subsistence, and per diem as allowed members of state boards, committees, and commissions for the actual performance of their duties. Any vacancy occurring for any reason on the committee among the appointed members must be filled in the same manner as the original appointment.
For clerical, legal, and research assistance, the committee shall designate and utilize employees of the General Assembly, which employees shall not receive any compensation for the performance of these duties other than their regular salaries.
The expenses of the committee must be paid from approved accounts of both houses of the General Assembly.
Upon the presentation of the written report of its findings and any recommendations to the Governor and the General Assembly in accordance with the provisions of this act, the committee established pursuant to this joint resolution shall cease to exist.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HARRELSON explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. G. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Beasley Brown, H. Bruce Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Elliott, L. Fair Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Houck Huff Hyatt Jaskwhich Keegan Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Meacham Nettles Quinn Rama Riser Rogers Sharpe Shissias Smith Snow Stone Tucker Vaughn Waites Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Bailey, G. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Cobb-Hunter Delleney Elliott, D. Farr Foster Gentry Glover Harrelson Harvin Hodges Holt Inabinett Jennings Kempe Kennedy Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Stoddard Taylor Townsend Whipper White Wilkes Williams, D.
So, the amendment was tabled.
Rep. HARRELSON proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\436\12441.DW), which was adopted.
Amend the resolution, as and if amended, in Section 10, as contained in SECTION 1, page 2, line 2, by inserting after /law./ /No person, or member of his immediately family, may be appointed to the cabinet who has contributed, individually or collectively, one thousand dollars or more to the Governor in a one-year period./
Amend title to conform.
Rep. HARRELSON explained the amendment.
Rep. M. MARTIN spoke against the amendment.
Rep. WILKINS moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Baker Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Corning Council Elliott, L. Felder Fulmer Gonzales Hallman Harris, P. Harrison Harwell Haskins Hendricks Huff Hyatt Jaskwhich Keegan Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Quinn Rama Riser Sharpe Shissias Smith Snow Tucker Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, G. Bailey, J. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott, D. Fair Farr Foster Gentry Glover Harrelson Harris, J. Harvin Hodges Holt Houck Inabinett Jennings Kennedy Keyserling Kinon Martin, D. Mattos McAbee McCraw McElveen McKay McLeod McTeer Nettles Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Stoddard Stone Taylor Townsend Waites Whipper White Wilkes Williams, D.
So, the House refused to table the amendment.
Rep. HYATT raised the Point of Order that Amendment No. 15 was out of order as it was not germane.
The SPEAKER stated that it dealt with the cabinet to be formed under the original Resolution and he overruled the Point of Order.
Rep. HASKINS raised the Point of Order that Rep. M. Martin's remarks against the Amendment were out of order as they did not speak to the Amendment at all and therefore, the opponents were being deprived of their argument since his comments had nothing to do with the Amendment.
The SPEAKER stated that the Point of Order came too late and that he could not change the Rules and he overruled the Point of Order.
Rep. HUFF moved to adjourn debate upon the amendment.
Rep. FARR moved to table the motion.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Bailey, G. Bailey, J. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott, D. Farr Foster Gentry Glover Harrelson Harris, J. Harvin Hodges Holt Houck Inabinett Jennings Kempe Kennedy Keyserling Kinon Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Stoddard Taylor Townsend Waites Whipper White Wilkes Williams, D.
Those who voted in the negative are:
Alexander, M.O. Altman Baker Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Corning Council Elliott, L. Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Harwell Haskins Hendricks Huff Hyatt Jaskwhich Keegan Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Quinn Rama Riser Sharpe Shissias Smith Snow Stone Sturkie Tucker Vaughn Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the motion to adjourn debate was tabled.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Bailey, G. Bailey, J. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harris, J. Harvin Harwell Hodges Holt Houck Inabinett Jennings Kempe Kennedy Keyserling Kinon Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Stoddard Taylor Waites Whipper White Wilkes Williams, D. Young, R.
Those who voted in the negative are:
Alexander, M.O. Altman Baker Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Corning Council Fair Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Huff Hyatt Jaskwhich Keegan Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Quinn Rama Riser Sharpe Shissias Smith Snow Stone Sturkie Townsend Tucker Vaughn Wells Wilder Wilkins Wofford Wright Young, A.
So, the amendment was adopted.
The SPEAKER granted Rep. QUINN a temporary leave of absence.
Rep. McLEOD proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\CYY\19150.SD), which was rejected.
Amend the resolution, as and if amended, in Section 10 of Article VI of the Constitution by adding a new paragraph at the end of Section 10 to read:
/The chief insurance commissioner and his duties and functions may not be made a part of the executive cabinet of the Governor./
Amend the resolution further, as and if amended, by adding new sections to be appropriately numbered which shall read:
/SECTION ____. Article VI of the Constitution of South Carolina, 1895, is amended by adding Section 11 to read:
"Section 11. In addition to the constitutional officers of this State prescribed by Section 7 of this article, the chief insurance commissioner of this State shall also be a constitutional officer elected in the same manner as other constitutional officers are elected as provided by Section 7. Upon the ratification of the provisions of this section providing that the chief insurance commissioner shall be a constitutional officer of this State, the duties of the insurance commission and the Department of Insurance are devolved upon the chief insurance commissioner."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Article VI of the Constitution of this State relating to state officers be amended by adding Section 11 so as to provide that the the chief insurance commissioner of this State shall also be a constitutional officer elected in the same manner as other constitutional officers are elected as provided by Section 7 of Article VI, and upon the ratification of the provisions of this section providing that the chief insurance commissioner shall be a constitutional officer of this State, the duties of the insurance commission and the Department of Insurance are devolved upon the chief insurance commissioner?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Renumber sections to conform.
Amend title to conform.
Rep. McLEOD explained the amendment.
Rep. J. BAILEY moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Beasley Brown, H. Cato Clyborne Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Haskins Hendricks Hodges Houck Huff Hyatt Jaskwhich Keegan Kirsh Klapman Koon Lanford Marchbanks Martin, L. Mattos McGinnis Rama Rhoad Riser Sharpe Sheheen Shissias Snow Stone Sturkie Tucker Waldrop Wells Wilder Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Bailey, G. Baker Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Bruce Burch, K. Byrd Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Harrelson Harvin Harwell Inabinett Jennings Kempe Kennedy Keyserling Kinon Littlejohn Martin, D. Martin, M. McAbee McCraw McElveen McKay McLeod McTeer Nettles Phillips Ross Rudnick Scott Shirley Smith Stoddard Taylor Townsend Vaughn Waites Whipper White Wilkes Williams, D.
So, the House refused to table the amendment.
Rep. T.C. ALEXANDER spoke against the amendment.
Rep. HOLT raised the Point of Order that Amendment No. 17 was out of order as it was not germane.
The SPEAKER stated that the Amendment was drafted in a way which put limitations on the executive cabinet question and how the cabinet was to be formed for the voters to express their opinion and that made it germane and he overruled the Point of Order.
Rep. HOLT moved to divide the question.
Rep. McLEOD moved to table the motion.
Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey, G. Barber Beasley Beatty Bennett Boan Brown, G. Brown, J. Bruce Burch, K. Byrd Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott, D. Farr Foster Gentry Glover Harrelson Harvin Harwell Houck Inabinett Jennings Kempe Kennedy Kinon Littlejohn Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Nettles Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Stoddard Taylor Townsend Waites Whipper White Wilkes Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Baxley Brown, H. Cato Clyborne Cooper Corbett Corning Council Elliott, L. Fair Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Haskins Hendricks Hodges Holt Huff Hyatt Jaskwhich Keegan Keyserling Kirsh Klapman Koon Lanford Marchbanks Martin, L. McGinnis McKay Meacham Rama Riser Sharpe Shissias Smith Snow Stone Sturkie Tucker Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to table the motion to divide the question.
Rep. BEASLEY raised the Point of Order that the motion to divide the question was out of order as cloture had been invoked and the motion to divide the question would have the effect of bringing up another Amendment to the Resolution.
The SPEAKER stated that Rule specifically allowed the House to divide the question and he overruled the Point of Order.
The question then recurred to the motion to divide the question.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Cato Fair Holt Huff Inabinett Jaskwhich Keyserling Koon McGinnis Sturkie
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Baker Barber Baxley Beasley Beatty Bennett Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Carnell Chamblee Clyborne Cobb-Hunter Cooper Corning Council Cromer Delleney Elliott, D. Elliott, L. Farr Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Houck Hyatt Jennings Keegan Kempe Kennedy Kinon Kirsh Lanford Littlejohn Marchbanks Martin, L. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Meacham Neilson Phillips Rama Rhoad Riser Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
So, the House refused to divide the question.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey, G. Baker Barber Baxley Beatty Bennett Brown, G. Brown, J. Bruce Burch, K. Byrd Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott, D. Farr Foster Gentry Glover Harrelson Harvin Holt Inabinett Kempe Kennedy Keyserling Kinon Martin, D. Martin, M. McAbee McCraw McElveen McLeod McTeer Phillips Ross Rudnick Scott Shirley Stoddard Taylor Townsend Vaughn Waites Whipper White Wilkes Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Beasley Brown, H. Cato Clyborne Cooper Corbett Corning Council Elliott, L. Fair Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Houck Huff Hyatt Jaskwhich Jennings Keegan Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Mattos McGinnis Meacham Rama Rhoad Riser Sharpe Sheheen Shissias Smith Snow Stone Sturkie Tucker Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the amendment was rejected.
Rep. McLEOD proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\CYY\19151.SD), which was tabled.
Amend the resolution, as and if amended, in Section 10 of Article VI of the Constitution by adding a new paragraph at the end of Section 10 to read:
/The executive director of the Department of Highways and Public Transportation and his duties and functions may not be made a part of the executive cabinet of the Governor./
Amend the resolution further, as and if amended, by adding new sections to be appropriately numbered which shall read:
/SECTION ____. Article VI of the Constitution of South Carolina, 1895, is amended by adding Section 12 to read:
"Section 12. In addition to the constitutional officers of this State prescribed by Section 7 of this article, the executive director of the Department of Highways and Public Transportation shall also be a constitutional officer elected in the same manner as other constitutional officers are elected as provided by Section 7. Upon the ratification of the provisions of this section providing that the executive director of the Department of Highways and Public Transportation shall be a constitutional officer of this State, the duties of the State Highways and Public Transportation Commission and the Department of Highways and Public Transportation are devolved upon the executive director, and his title is then changed to the director of Highways and Public Transportation."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Article VI of the Constitution of this State relating to state officers be amended by adding Section 12 so as to provide that the executive director of the Department of Highways and Public Transportation shall also be a constitutional officer elected in the same manner as other constitutional officers are elected as provided by Section 7, and to provide that upon the ratification of the provisions of this section providing that the executive director of the Department of Highways and Public Transportation shall be a constitutional officer of this State, the duties of the State Highways and Public Transportation Commission and the Department of Highways and Public Transportation are devolved upon the executive director, and his title is then changed to the director of Highways and Public Transportation?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Renumber sections to conform.
Amend title to conform.
Rep. McLEOD explained the amendment.
Rep. BAKER moved to table the amendment.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Baxley Beasley Brown, G. Brown, H. Bruce Burch, K. Cato Clyborne Cooper Corbett Corning Council Cromer Fair Farr Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Houck Huff Hyatt Jaskwhich Jennings Keegan Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. Mattos McCraw McGinnis Meacham Neilson Phillips Rama Riser Rogers Sharpe Sheheen Shirley Shissias Smith Snow Stone Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Bennett Brown, J. Byrd Carnell Chamblee Cobb-Hunter Delleney Elliott, D. Elliott, L. Foster Glover Harrelson Inabinett Kennedy Martin, D. McAbee McElveen McLeod McTeer Rhoad Rudnick Scott Taylor Whipper White Williams, D.
So, the amendment was tabled.
Reps. RUDNICK and BAXLEY proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\436\12443.DW), which was tabled.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article VI of the Constitution of South Carolina, 1895, is amended by adding:
"Section 11. Not including agencies headed by officers provided for in this Constitution, all other state agencies are accountable to the Governor and he may remove the head of any state agency with approval of the General Assembly."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article VI of the Constitution of this State be amended by adding Section 11 so as to provide that not including agencies headed by officers provided for in this Constitution, all other state agencies are accountable to the Governor and he may remove the heads of any state agency with approval of the General Assembly ?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. CLYBORNE moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barber Beasley Bennett Brown, H. Brown, J. Bruce Byrd Cato Clyborne Cooper Corbett Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Foster Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Huff Hyatt Jaskwhich Jennings Keegan Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Mattos McCraw McGinnis McKay Meacham Nettles Phillips Rama Rhoad Riser Rogers Sharpe Sheheen Shissias Smith Snow Stoddard Stone Sturkie Townsend Tucker Vaughn Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Baxley Beatty Brown, G. Burch, K. Carnell Cobb-Hunter Farr Glover Harrelson Harvin Houck Inabinett Kempe Kennedy McAbee McLeod McTeer Neilson Ross Rudnick Scott Shirley Taylor White Williams, D.
So, the amendment was tabled.
Rep. RUDNICK proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\DKA\3863.SD), which was rejected.
Amend the report of the Committee on Judiciary, as and if amended, SECTION 10, page 4334-2, line 2, by deleting /1995/ and inserting /1997/.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. G. BROWN moved that the House do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Byrd Carnell Chamblee Cobb-Hunter Delleney Elliott, D. Elliott, L. Farr Foster Glover Harrelson Inabinett Kennedy Martin, M. McAbee McCraw McKay McLeod Neilson Nettles Rhoad Ross Rudnick Scott Shirley Taylor Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Beasley Brown, H. Bruce Burch, K. Cato Clyborne Cooper Corbett Corning Council Cromer Fair Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Houck Huff Hyatt Jaskwhich Jennings Keegan Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McTeer Meacham Phillips Rama Riser Rogers Sharpe Sheheen Shissias Smith Snow Stoddard Stone Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. RUDNICK continued speaking.
The amendment was then rejected by a division vote of 35 to 44.
Rep. G. BAILEY proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\CYY\19159.SD), which was adopted.
Amend the resolution, as and if amended, in Section 10 of the Constitution by striking /Senate/ on line 10 of page [4334-2] and inserting /General Assembly/.
Amend title to conform.
Rep. G. BAILEY explained the amendment.
Rep. KLAPMAN moved to table the amendment, which was not agreed to by a division vote of 3 to 101.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\CYY\19125.SD), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, in Section 10 of Article VI of the Constitution, by striking /Senate/ on line 10 of page [4334-2] and inserting /General Assembly/.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\CYY\19119.SD), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, in Section 10 of Article VI of the Constitution, by striking /January 15, 1995/ on line 2 of page [4334-2] and inserting /July 1, 1997/.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\CYY\19120.SD), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, in Section 10 of Article VI of the Constitution, by striking /January 15, 1995/ on line 2 of page [4334-2] and inserting /January 15, 1997/.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\CYY\19121.SD), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, in Section 10 of Article VI of the Constitution, by striking /January 15, 1995/ on line 2 of page [4334-2] and inserting /July 1, 1996/.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\CYY\19122.SD), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, in Section 10 of Article VI of the Constitution, by striking /January 15, 1995/ on line 2 of page [4334-2] and inserting /January 15, 1996/.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\CYY\19123.SD), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, in Section 10 of Article VI of the Constitution, by striking /January 15, 1995/ on line 2 of page [4334-2] and inserting /July 1, 1995/.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 28 (Doc Name L:\council\legis\amend\CYY\19124.SD), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, in Section 10 of Article VI of the Constitution, by striking /Governor/ on line 9 of page [4334-2] and inserting /Budget and Control Board/.
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Baxley Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Corning Council Cromer Elliott, L. Fair Fulmer Gentry Glover Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Houck Huff Hyatt Inabinett Jaskwhich Keegan Kinon Kirsh Klapman Koon Littlejohn Marchbanks Martin, L. Mattos McGinnis McKay Meacham Neilson Rama Riser Ross Rudnick Sharpe Sheheen Shissias Smith Stone Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Bennett Boan Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Delleney Farr Foster Harrelson Harvin Kennedy Lanford Martin, M. McAbee McElveen McLeod McTeer Phillips Rhoad Scott Shirley Stoddard Taylor Williams, D.
So, the amendment was tabled.
Rep. CARNELL proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\CYY\19126.SD), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, in Section 10 of Article VI of the Constitution, by striking /fifteen/ on line 4 of page [4334-2] and inserting /twelve/.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 30 (Doc Name L:\council\legis\amend\CYY\19127.SD), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, in Section 10 of Article VI of the Constitution, by striking /fifteen/ on line 4 of page [4334-2] and inserting /thirteen/.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 31 (Doc Name L:\council\legis\amend\CYY\19128.SD), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, in Section 10 of Article VI of the Constitution, by striking /fifteen/ on line 4 of page [4334-2] and inserting /fourteen/.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\CYY\19129.SD), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, in Section 10 of Article VI of the Constitution, by striking /fifteen/ on line 4 of page [4334-2] and inserting /sixteen/.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\CYY\19130.SD), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, in Section 10 of Article VI of the Constitution, by striking /fifteen/ on line 4 of page [4334-2] and inserting /seventeen/.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 34 (Doc Name L:\council\legis\amend\CYY\19132.SD), which was tabled.
Amend the resolution, as and if amended, by the report of the Committee on Judiciary, by striking all after the enacting words and inserting:
/SECTION 1. There is hereby created a committee composed of fifteen members to study whether or not the General Assembly by general law should establish an executive cabinet of the Governor consisting of heads of departments organized as far as practicable according to major purposes and functions, and which agencies and departments of the executive branch of state government should be included in the executive cabinet.
Five members of the committee must be members of the House of Representatives appointed by the Speaker, five members of the committee must be members of the Senate appointed by the President of the Senate, and five members must be appointed by the Governor. The committee shall meet as soon as practicable after appointment for the purpose of organizing and electing officers. The members of the committee shall be paid the usual mileage, per diem, and subsistence as is paid to members of state boards, commissions, and committees. The Legislative Council and the standing committees of each house shall render such assistance to the committee as it requires. The committee shall render its report to the Governor and the General Assembly not later than July 1, 1993.
SECTION 2. This resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 35 (Doc Name L:\council\legis\amend\CYY\19133.SD), which was tabled.
Amend the resolution, as and if amended, by the report of the Committee on Judiciary, by striking all after the enacting words and inserting:
/SECTION 1. There is hereby created a committee composed of fifteen members to study whether or not the General Assembly by general law should establish an executive cabinet of the Governor consisting of heads of departments organized as far as practicable according to major purposes and functions, and which agencies and departments of the executive branch of state government should be included in the executive cabinet.
Five members of the committee must be members of the House of Representatives appointed by the Speaker, five members of the committee must be members of the Senate appointed by the President of the Senate, and five members must be appointed by the Governor. The committee shall meet as soon as practicable after appointment for the purpose of organizing and electing officers. The members of the committee shall be paid the usual mileage, per diem, and subsistence as is paid to members of state boards, commissions, and committees. The Legislative Council and the standing committees of each house shall render such assistance to the committee as it requires. The committee shall render its report to the Governor and the General Assembly not later than April 1, 1994.
SECTION 2. This resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 36 (Doc Name L:\council\legis\amend\CYY\19134.SD), which was tabled.
Amend the resolution, as and if amended, by the report of the Committee on Judiciary, by striking all after the enacting words and inserting:
/SECTION 1. There is hereby created a committee composed of fifteen members to study whether or not the General Assembly by general law should establish an executive cabinet of the Governor consisting of heads of departments organized as far as practicable according to major purposes and functions, and which agencies and departments of the executive branch of state government should be included in the executive cabinet.
Five members of the committee must be members of the House of Representatives appointed by the Speaker, five members of the committee must be members of the Senate appointed by the President of the Senate, and five members must be appointed by the Governor. The committee shall meet as soon as practicable after appointment for the purpose of organizing and electing officers. The members of the committee shall be paid the usual mileage, per diem, and subsistence as is paid to members of state boards, commissions, and committees. The Legislative Council and the standing committees of each house shall render such assistance to the committee as it requires. The committee shall render its report to the Governor and the General Assembly not later than July 1, 1994.
SECTION 2. This resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 37 (Doc Name L:\council\legis\amend\CYY\19135.SD), which was rejected.
Amend the resolution, as and if amended, by the report of the Committee on Judiciary, by striking all after the enacting words and inserting:
/SECTION 1. There is hereby created a committee composed of fifteen members to study whether or not the General Assembly by general law should establish an executive cabinet of the Governor consisting of heads of departments organized as far as practicable according to major purposes and functions, and which agencies and departments of the executive branch of state government should be included in the executive cabinet.
Five members of the committee must be members of the House of Representatives appointed by the Speaker, five members of the committee must be members of the Senate appointed by the President of the Senate, and five members must be appointed by the Governor. The committee shall meet as soon as practicable after appointment for the purpose of organizing and electing officers. The members of the committee shall be paid the usual mileage, per diem, and subsistence as is paid to members of state boards, commissions, and committees. The Legislative Council and the standing committees of each house shall render such assistance to the committee as it requires. The committee shall render its report to the Governor and the General Assembly not later than April 1, 1995.
SECTION 2. This resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment, which was rejected by a division vote of 23 to 83.
Rep. CARNELL proposed the following Amendment No. 38 (Doc Name L:\council\legis\amend\CYY\19136.SD), which was tabled.
Amend the resolution, as and if amended, by the report of the Committee on Judiciary, by striking all after the enacting words and inserting:
/SECTION 1. There is hereby created a committee composed of twelve members to study whether or not the General Assembly by general law should establish an executive cabinet of the Governor consisting of heads of departments organized as far as practicable according to major purposes and functions, and which agencies and departments of the executive branch of state government should be included in the executive cabinet.
Four members of the committee must be members of the House of Representatives appointed by the Speaker, four members of the committee must be members of the Senate appointed by the President of the Senate, and four members must be appointed by the Governor. The committee shall meet as soon as practicable after appointment for the purpose of organizing and electing officers. The members of the committee shall be paid the usual mileage, per diem, and subsistence as is paid to members of state boards, commissions, and committees. The Legislative Council and the standing committees of each house shall render such assistance to the committee as it requires. The committee shall render its report to the Governor and the General Assembly not later than April 1, 1993.
SECTION 2. This resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\CYY\19137.SD), which was tabled.
Amend the resolution, as and if amended, by the report of the Committee on Judiciary, by striking all after the enacting words and inserting:
/SECTION 1. There is hereby created a committee composed of nine members to study whether or not the General Assembly by general law should establish an executive cabinet of the Governor consisting of heads of departments organized as far as practicable according to major purposes and functions, and which agencies and departments of the executive branch of state government should be included in the executive cabinet.
Three members of the committee must be members of the House of Representatives appointed by the Speaker, three members of the committee must be members of the Senate appointed by the President of the Senate, and three members must be appointed by the Governor. The committee shall meet as soon as practicable after appointment for the purpose of organizing and electing officers. The members of the committee shall be paid the usual mileage, per diem, and subsistence as is paid to members of state boards, commissions, and committees. The Legislative Council and the standing committees of each house shall render such assistance to the committee as it requires. The committee shall render its report to the Governor and the General Assembly not later than April 1, 1993.
SECTION 2. This resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. D. WILLIAMS a leave of absence for the remainder of the day.
Rep. McTEER proposed the following Amendment No. 40 (Doc Name L:\council\legis\amend\CYY\19149.SD), which was rejected.
Amend the resolution, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ____. A statewide advisory referendum must be conducted at the same time as the 1992 general election with the following question submitted to the qualified electors of the State:
"In lieu of establishing an executive cabinet of the Governor, do you favor the General Assembly reorganizing and restructuring state government to accomplish the following objectives:
(1) to implement changes that will make state government more efficient, effective, and accountable to the people of the State;
(2) to eliminate unnecessary duplication of government services and administration by streamlining state government;
(3) to consolidate agencies' functions and administration wherever such consolidation is both feasible and desirable; and
(4) to study the desirability of implementing Total Quality Management (TQM) in state government?
Yes _
No _
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The State Election Commission shall conduct and supervise this referendum in the manner governed by the election laws of this State, mutatis mutandi. The commission shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commission shall publish notice of the election pursuant to Section 7-13-35 of the 1976 Code. The costs of the referendum must be borne by the State./
Renumber sections to conform.
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Baker Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Corning Council Cromer Elliott, L. Fair Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Huff Hyatt Jaskwhich Keegan Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Quinn Rama Riser Rogers Sharpe Shissias Smith Stone Sturkie Tucker Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, G. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Delleney Elliott, D. Farr Foster Gentry Glover Harrelson Harvin Hodges Holt Houck Inabinett Jennings Kempe Kennedy Keyserling Kinon Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Snow Stoddard Taylor Townsend Waites Whipper White Wilkes
So, the House refused to table the amendment.
Rep. HASKINS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Delleney Elliott, D. Farr Foster Gentry Glover Harrelson Harris, J. Harvin Hodges Holt Houck Inabinett Jennings Kempe Kennedy Keyserling Kinon Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Stoddard Taylor Townsend Whipper White
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Baker Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Corning Council Cromer Elliott, L. Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Harwell Haskins Hendricks Huff Hyatt Jaskwhich Keegan Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Meacham Nettles Quinn Rama Riser Rogers Sharpe Shissias Smith Snow Stone Sturkie Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the amendment was rejected.
Rep. McTEER proposed the following Amendment No. 41 (Doc Name L:\council\legis\amend\DKA\3865.AL), which was tabled.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article VI of the Constitution of South Carolina, 1895, is amended by adding:
"Section 10. The General Assembly, not later than January 15, 1995, by general law shall provide for a system of ambassadorships. The ambassadors so established must be appointed by the Governor upon the advice and consent of the Senate by recorded vote. They shall serve at the pleasure of the Governor with that compensation as provided by law."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Article VI of the Constitution of this State relating to state officers be amended by adding Section 10 so as to provide that the General Assembly, not later than January 15, 1995, by general law shall provide for a system of ambassadorships?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. McTEER continued speaking.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. SHEHEEN proposed the following Amendment No. 42 (Doc Name L:\council\legis\amend\BR1\2595.SD), which was ruled out of order.
Amend the resolution, as and if amended, by adding a section to be appropriately numbered to read:
/SECTION __. The General Assembly pursuant to Section 3 of Article XV of the Constitution of this State has determined that it is necessary to call a convention to revise, amend, and change the Constitution. The following question is therefore submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Pursuant to Section 3, Article XV of the Constitution of this State, and pursuant to a recommendation of the General Assembly by a two-thirds vote of each House, shall a Constitutional convention be convened in the manner the General Assembly shall provide by law for the purpose of revising, amending, and changing the Constitution of this State?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Rep. WILKINS raised the Point of Order that Amendment No. 42 was out of order as it was not germane as the Amendment dealt with the Constitutional Convention as opposed to the cabinet form of government and it amended Article XV of the Constitution as opposed to amending Article VI.
Rep. SHEHEEN argued contra the Point in stating that it did amend a different Article of the Constitution but that it did deal with changing the form of government in South Carolina as authorized by the Constitution and that was what the House was discussing now under the proposal of this Resolution.
Rep. WILKINS continued to argue that the Resolution before the House dealt specifically with a cabinet form of government and the Amendment was not germane to that issue.
Rep. SHEHEEN stated that he did not exclude that in his Amendment and that he added additional sections so that the people would have a second choice if they wanted to adopt the cabinet form of government and also convene a Constitutional Convention which might rewrite the Constitution and allow for things like the cabinet form of government which might allow for initiative referendums, term limitations and one term governors instead of two terms.
Rep. L. MARTIN stated that the effect of the Amendment was to allow for a Convention to revise the whole Constitution and that there were no restrictions on what the Convention could do and that was clearly not what was before the House in the way of a Constitutional Amendment and therefore, was not germane.
Rep. HASKINS stated that the Amendment was clearly not germane to the title of the Resolution or the subject matter and it did not amend the same Articles of the Constitution.
Rep. SHEHEEN stated that the title of the Resolution called for a change in the Constitution and that the Amendment implemented an alternate method to changing the Constitution.
SPEAKER Pro Tempore BEASLEY stated that a previous Amendment had been ruled non germane earlier with regards to recall.
Rep. HOLT moved that the House do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Brown, G. Delleney Foster Glover Harrelson Holt Inabinett Kennedy Martin, D. McAbee McCraw McElveen McLeod Ross Shirley Taylor Townsend Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Barber Baxley Beasley Beatty Bennett Boan Brown, H. Brown, J. Bruce Burch, K. Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Houck Huff Hyatt Jaskwhich Jennings Keegan Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McGinnis McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Rudnick Scott Sharpe Sheheen Shissias Smith Stoddard Stone Sturkie Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
SPEAKER Pro Tempore BEASLEY stated that the Amendment was not germane and he sustained the Point of Order and ruled the Amendment out of order.
Reps. BAXLEY, RUDNICK, WAITES, CROMER and KEMPE proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\19006.SD), which was ruled out of order.
Amend the resolution, as and if amended, by adding the following new sections to be appropriately numbered which shall read:
/SECTION ____. It is proposed that Article XVII of the Constitution of this State be amended by adding:
"Section 15. In addition to the provisions of Articles III and XVI of this Constitution, relating to the enactment of laws and constitutional amendments, there is reserved in the people the power to enact laws and constitutional amendments by means of initiative petition, to include such issues as the abolition or reorganization of state boards, commissions, and committees. Any initiative petition must contain a full and correct copy of the title and text of the proposed law or amendment and must be signed by not fewer than ten percent of the qualified electors eligible to vote at the last general election. A valid signature on an initiative petition must include the name, complete address, and precinct of the signer. A petition must be presented to the State Election Commission at least sixty days before a general election. If the commission determines that the petition conforms to the requirements of this section, it shall submit the proposed law or constitutional amendment to the qualified electors of this State at the next general election. If a majority of the qualified electors voting on the proposed law or constitutional amendment vote in favor it is a law of this State or a part of this Constitution. The commission shall certify the results to the Code Commissioner who shall assign the law or constitutional amendment to an appropriate place in the Code of Laws or the Constitution."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Article XVII of the Constitution of this State be amended by adding a new section so as to provide for the enactment of a law or constitutional amendment initiated by a petition signed by no fewer than ten percent of the qualified electors eligible to vote at the last general election followed by a majority vote in favor of the proposed law or constitutional amendment at the next general election?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. WILKINS raised the Point of Order that Amendment No. 3 was out of order as it was not germane.
SPEAKER Pro Tempore BEASLEY stated that it attempted to amend a different Article and it was not germane to the Resolution and he sustained the Point of Order and ruled the Amendment out of order.
Rep. HARRELSON spoke against the Resolution.
Rep. McLEOD moved that the House do now adjourn.
Rep. WILKINS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
The question then recurred to the motion that the House do now adjourn.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Delleney Elliott, D. Farr Foster Gentry Glover Harrelson Harvin Hodges Holt Houck Inabinett Jennings Kempe Kennedy Kinon Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Stoddard Taylor Townsend Waites Whipper White Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Corning Council Cromer Elliott, L. Fair Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Haskins Hendricks Huff Hyatt Jaskwhich Keegan Keyserling Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Quinn Rama Riser Rogers Sharpe Shissias Smith Snow Stone Sturkie Tucker Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Reps. TOWNSEND and WHIPPER spoke against the Resolution.
Rep. GENTRY moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Bailey, G. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Harrelson Harvin Hodges Holt Houck Inabinett Jennings Kempe Kennedy Keyserling Kinon Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Stoddard Taylor Townsend Whipper White
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, J. Baker Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Corning Council Cromer Fair Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Haskins Hendricks Huff Hyatt Jaskwhich Keegan Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Quinn Rama Riser Rogers Sharpe Shissias Smith Snow Stone Sturkie Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Reps. McTEER and FOSTER spoke against the Resolution.
Rep. McLEOD moved that the House do now adjourn.
Rep. A. YOUNG raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anderson Bailey, G. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Harrelson Harvin Harwell Hodges Holt Houck Inabinett Jennings Kempe Kennedy Kinon Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Snow Stoddard Taylor Townsend Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Baker Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Corning Council Cromer Fair Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Haskins Hendricks Huff Hyatt Jaskwhich Keegan Keyserling Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Quinn Rama Riser Rogers Sharpe Shissias Smith Stone Sturkie Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. SCOTT spoke against the Resolution.
Rep. WILKINS spoke in favor of the Resolution.
Rep. CARNELL moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Delleney Elliott, D. Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harvin Hodges Holt Houck Inabinett Jennings Kempe Kennedy Keyserling Kinon Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Sheheen Shirley Stoddard Taylor Townsend Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Corning Council Cromer Fair Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Huff Hyatt Jaskwhich Keegan Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Quinn Rama Riser Rogers Scott Sharpe Shissias Smith Snow Stone Sturkie Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. WILKES moved to reconsider the vote whereby Amendment No. 40 was rejected.
Rep. WILKES spoke in favor of the motion to reconsider.
Rep. WILKINS moved to table the motion to reconsider.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Baker Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Corning Council Cromer Elliott, L. Fair Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Huff Hyatt Jaskwhich Keegan Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Meacham Nettles Quinn Rama Riser Rogers Sharpe Shissias Smith Stone Sturkie Tucker Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, G. Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Delleney Elliott, D. Farr Foster Gentry Glover Harrelson Harvin Hodges Holt Houck Inabinett Jennings Kempe Kennedy Keyserling Kinon Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Snow Stoddard Taylor Townsend Waites Whipper White Wilkes
So, the motion to reconsider was tabled.
Rep. SHIRLEY spoke against the Resolution.
On motion of Rep. HOLT, Rep. Shirley's remarks were ordered printed in the Journal as follows:
"I want to talk today about the State budget, the budget process, and by way of contrast, the Federal deficits and Federal debt. First, let me say that we have our budget balanced. It has not been easy and it has not been painless. During the budget year that ended June 30, 1991, the Budget and Control Board took action six or seven times to reduce expenditures in the face of declining revenues. The result of all these actions ensured a balanced budget at the end of the budget year with a reserve of $38,100,000. At the beginning of this 1991-92 budget year in July, the Budget and Control Board reduced expenditures 3% as a result of lowered revenue estimates for this budget year and on February 11 imposed an additional 1% reduction. I tell you this for two reasons: (1) To point out the fact that we have a Board that follows the collection of revenues and expenditures and takes prompt action to reduce expenditures when deficit may occur, and (2) The Budget and Control Board is the centerpiece of responsible action that has kept the budget balanced and has been the linchpin that maintains our AAA credit rating. I believe the suggestion by some to transfer or curtail many of the Board's functions are ludicrous and ill founded. One or more authors of the Plan to Restructure State Government recommended eliminating the Budget and Control Board. Some seem to resent that fact that the Board does a credible job in budget matters as well as other functions carried out by the Board. Name me another state that has a better reputation in fiscal matters than South Carolina. It cannot be done because there is none. Moreover, the preparation and recommendation of an annual appropriation bill by the Board is a positive and valid function. The main reason it works so well is the fact that legislative leaders get a front-end view of budget requests and participate in the budget process from the beginning. Additionally, I believe five elected heads are better than one in determining priorities and making recommendations on how to spend your tax dollars. May I now move to another area. You know we spend lots of time, energy, intellect and money promoting our great State, and we have been very successful at it. Witness all the new, modern industrial plants you see on your travels up and down the interstate each day and all over this State. In fact, the Governor, and others, recently returned from a trip to Germany seeking BMW. I do not believe he was over there telling the Germans how terrible our State Government is and how power has failed here. The South Carolina story is a great story to tell. The time has come for us to hold our heads high proudly and say again that many accomplishments which have brought us national recognition. Consider if you will-why industrial leaders from throughout this Nation, and indeed from all over the world, spend billions locating new businesses here and billions expanding existing industries? And why is the State awarded the AAA credit rating in the country by both rating services? And why has the State been rated 5th two years in a row by Financial World Magazine for its (State) sound financial management and fiscal responsibility? And why does yield on State pension funds rank in the top 5 percentile over the last five years? And why does the State have the best Retirement System in the country? And why is the Air National Guard and the Army National Guard rated number one in the nation? And why did our State Legislative Audit Council rank number one in the country in a peer review of performance audit groups and received the national annual award for performance auditing by the National Council of State Legislatures? And why did Vocational Rehabilitation rank number one in the country last year as the best managed? And why do we have substantial in-migration of persons into our State each year? And why does the University of South Carolina International Business School rank number one in the country? And there are literally hundreds more examples I could cite of the successes of State Government. The point if that we have many, many, positive things going for us in South Carolina and the economic development over the past 40 years and the creation of new jobs for our citizens is proof of this fact. This is not to say that we don't need to change some areas of government and combine some. I do not believe in the status quo. The availability and use of water will be a great challenge over the next 20 years. Availability and affordability of health care needs much attention. All aspects of education will continue to be our number one priority. I am concerned about the fact that 1 child out of 3 starts the first grade this year and will not graduate from high school. Also the fact that 1 out of 5 adults in South Carolina are functionally illiterate. And there are other pertinent areas. I support restructuring to address the consolidation of efforts in the key areas of education, health, and meeting the state's water needs which will allow for more efficient use of our limited resources. However, careful consideration needs to be given to arbitrarily combining responsibilities which are not as well matched and which would result in wasting taxpayers' money in a process destined to fail or to reduce efficiency and produce lesser quality services. When business people look at prospective states to locate new plants and establish new businesses, they look at many, many things-availability of work force, taxes, continuity and stability of state government as well as local government and other factors. Many times the basic considerations for one state vs. another state come out pretty even and the decision turns on perception. These decision makers do not live in a vacuum. Long before the decision is made, they gather facts and perceptions about an area. Business people like and want stability, continuity and predictability in government at the locations where they do business, and South Carolina has been able to provide such a business climate over the years. If there is uncertainty and perceived turmoil in state and local government, they will simply go to another state to do that business. I believe incessant bashing and harassing of State Government is causing our State irreparable damage and injury and may have caused the State to lose many projects and jobs. Once a negative image is perceived in the business world, it takes years to regain a positive impression of the State. Appointing officers and managers every four years would cause a turnover of the fruit basket every four years of managers and mid-managers and others. Skills and performances would decline, thus taxpayers would pay more for a given service. And back to the Air and Army National Guard. I have mentioned the fact that the Air and Army National Guard are rated Number 1 in the Nation. This Number 1 rating was produced by an elected Adjutant General. The argument is made that a person not qualified may be elected Adjutant General and therefore, the Adjutant General should be appointed. I disagree. The same argument could be made about any elected official, including the Governor-witness what happened in Louisiana recently. I do not believe the citizens of this State will give up their right to elect their Adjutant General, Commissioner of Agriculture or Superintendent of Education. The voters are much smarter than some give them credit. Moreover, businesses do not operate this way. Boards of Directors of business corporations are carefully structured to provide for stability, continuity and predictability. They do not terminate leaders and managers every four years and start over. Let me just say that the continuity of five elected officials on the Budget and Control Board serves the State well in managing its fiscal affairs. Coupled with the fiscal disciplines incorporated in our Constitution such as - (1) requirement of a balanced budget (2) a rainy day reserve fund and (3) a limitation on debt."
Rep. McABEE moved that the House do now adjourn.
Rep. BAKER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. McABEE moved that the House do now adjourn.
Rep. HARRISON raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Delleney Elliott, D. Farr Foster Gentry Glover Harrelson Harvin Hodges Holt Houck Inabinett Jennings Kempe Kennedy Keyserling Kinon Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Neilson Nettles Rhoad Ross Rudnick Sheheen Shirley Stoddard Taylor Townsend
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Corning Council Cromer Elliott, L. Fair Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Huff Hyatt Jaskwhich Keegan Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis McKay Meacham Phillips Quinn Rama Riser Rogers Scott Sharpe Shissias Smith Snow Stone Sturkie Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. BARBER spoke against the Resolution.
Rep. CORNING raised the Point of Order that Rep. Hodges' remarks were out of order as he was speaking for the Resolution in its current form.
The SPEAKER stated that he could not predict what the member was going to say but that if he said that he was going to speak for the Resolution, then he would have to believe him and until he spoke against the Resolution while claiming to speak for the Resolution, then his remarks would not be out of order and he overruled the Point of Order.
Rep. HODGES spoke in favor of the Resolution.
Rep. WHITE moved to continue the Resolution.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Bennett Boan Brown, J. Byrd Carnell Cobb-Hunter Delleney Harrelson Kennedy Martin, D. McAbee McLeod McTeer Nettles Rudnick Scott Shirley Stoddard Taylor Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Baxley Beasley Brown, H. Bruce Burch, K. Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Elliott, L. Fair Farr Felder Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Houck Huff Hyatt Jaskwhich Jennings Keegan Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Mattos McCraw McGinnis McKay Meacham Neilson Phillips Quinn Rama Riser Rogers Ross Sharpe Shissias Smith Snow Stone Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to continue the Resolution.
Rep. BAXLEY spoke in favor of the Resolution.
Rep. G. BROWN spoke in favor of the Resolution.
Rep. WHITE moved that the House do now adjourn.
Rep. MEACHAM raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barber Baxley Bennett Boan Brown, G. Brown, J. Byrd Carnell Chamblee Cobb-Hunter Delleney Elliott, D. Farr Foster Gentry Glover Harrelson Harvin Hodges Houck Inabinett Kennedy Martin, D. Martin, M. McAbee McCraw McElveen McLeod McTeer Rhoad Rudnick Scott Shirley Stoddard Taylor Townsend White
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Beasley Beatty Brown, H. Bruce Burch, K. Cato Clyborne Cooper Corbett Corning Council Cromer Fair Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Huff Hyatt Jaskwhich Keegan Kempe Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Meacham Phillips Quinn Rama Riser Rogers Sharpe Shissias Smith Snow Stone Sturkie Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. G. BROWN continued speaking.
Rep. McABEE was recognized.
Rep. HASKINS raised the Point of Order that Rep. McAbee's remarks were out of order under Rule 8.6 as it did not say anything about speaking for or against the Resolution, but it stated proponents and opponents of the Resolution and that Rep. McAbee was an opponent of the Resolution.
Rep. McABEE argued contra the Point in stating that he was a proponent of the Resolution now.
The SPEAKER stated that he would listen to the remarks and he overruled the Point of Order.
Rep. McABEE spoke in favor of the Resolution.
Rep. FAIR raised the Point of Order that Rep. McAbee's remarks were out of order since he stated that he was now a proponent of the Resolution.
The SPEAKER stated that he could not allow any further time for the proponents of the legislation and he overruled the Point of Order.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Baxley Beasley Brown, G. Brown, H. Bruce Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Huff Hyatt Jaskwhich Jennings Keegan Kempe Keyserling Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. Mattos McElveen McGinnis McKay Meacham Neilson Phillips Quinn Rama Riser Rogers Ross Sharpe Sheheen Shissias Smith Snow Stone Sturkie Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Beatty Bennett Boan Brown, J. Burch, K. Byrd Carnell Cobb-Hunter Delleney Foster Gentry Glover Harrelson Harvin Holt Houck Inabinett Kennedy Kinon Martin, D. McAbee McCraw McLeod McTeer Nettles Rhoad Rudnick Scott Shirley Stoddard Taylor Townsend Whipper White
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
Rep. SHARPE moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4717 -- Reps. Sheheen and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, MAY 6, 1992.
H. 4718 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 12, 1992, FOR ITS ANNUAL STATE HOUSE MEETING.
H. 4745 -- Reps. Cobb-Hunter, Haskins, Glover, Bennett, Kennedy, Inabinett, Byrd, Taylor, Council, Shissias, Kirsh, Wells, Canty, Beatty, K. Burch and Felder: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1992, "WORKERS MEMORIAL DAY".
H. 4779 -- Rep. Harrelson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF GAYLORD DONNELLEY OF COLLETON COUNTY, NATIONALLY KNOWN CONSERVATIONIST WHOSE DONATIONS OF LAND IN THE LOWCOUNTRY GAVE IMPETUS TO THE ACE BASIN INITIATIVE IN THE STATE, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 7:45 P.M. the House in accordance with the motion of Rep. WILDER adjourned in memory of Dr. E.L. White, educator from Allendale County, to meet at 10:00 A.M. tomorrow.
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