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:
As we continue the business to which You have called us, we ask, Lord, in all earnestness for Your constant and uninterrupted guidance. We need wisdom greater than our own. Make of us instruments in Your hands to accomplish Your mighty plans and purposes. Enable us to use every yesterday as an experience, to see every tomorrow as a day of hope, but to seize every opportunity of today so as to make every yesterday a day of great reward and every tomorrow as a day of hopeful expectation. Teach us as individuals that ones accomplishments in life are in direct proportion to his commitment to excellence.
We pray with the Psalmist: "Teach me Your way, O Lord." (Psalm 27:11a) 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. KLAUBER moved that when the House adjourns, it adjourn in memory of Rev. Zeddie Mackey, which was agreed to.
The following were received and referred to the appropriate committee for consideration.
Document No. 1609
Promulgated By Board of Pharmacy
Definitions
Received By Speaker March 8, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date February 12, 1994
Document No. 1610
Promulgated By Board of Pharmacy
Patient Counseling
Received By Speaker March 8, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date February 12, 1994
Document No. 1611
Promulgated By Board Pharmacy
Home Health Care
Received By Speaker March 8, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date February 12, 1994
The following was introduced:
H. 3665 -- Rep. Davenport: A CONCURRENT RESOLUTION REQUESTING THE STATE ATTORNEY GENERAL, IN CONJUNCTION WITH THE CHIEF INSURANCE COMMISSIONER AND THE STATE CONSUMER ADVOCATE, TO INVESTIGATE INSURANCE COMPANIES DOING BUSINESS IN THIS STATE IN THEIR THIRD PARTY PRACTICES AND TO TAKE THE NECESSARY STEPS TO BRING THESE PRACTICES TO AN END AND TO RECOVER CERTAIN FUNDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3666 -- Reps. Neal, Whipper, Littlejohn, Clyborne, Cobb-Hunter, Breeland, White, Harvin, Scott, Byrd, Delleney, Shissias, Allison, Wells, Beatty, Sturkie, Robinson, Jaskwhich, Moody-Lawrence, Vaughn, Stille, Phillips, Thomas, Mattos, Neilson, Graham and Riser: A BILL TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THAT ALL REPORTS OF ABUSE OR NEGLECT RECEIVED BY TELEPHONE ARE RECORDED AND THAT THE IDENTITY OF THE CALLER IS CONFIDENTIAL AND MUST BE PROTECTED FROM DISCLOSURE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3667 -- Rep. Harrison: A BILL TO AMEND SECTION 11-35-3245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ARCHITECTS AND ENGINEERS PERFORMING OTHER WORK ON PROJECT CONTRACTS AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT CONSTRUCTION MANAGERS PERFORMING CONSTRUCTION MANAGING SERVICES UNDER THESE CONTRACTS ARE ALSO PROHIBITED FROM PERFORMING OTHER WORK, AND TO PROVIDE THAT AN ARCHITECTURAL OR ENGINEERING FIRM, OR A COMBINATION THEREOF, AND A CONSTRUCTION MANAGEMENT FIRM MAY NOT HAVE A VESTED INTEREST IN THE OTHER'S BUSINESS.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Beatty Boan Breeland Brown, G. Brown, J. Byrd Canty Carnell Cato Chamblee Clyborne Corning Cromer Elliott Farr Gamble Gonzales Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Littlejohn Marchbanks Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Rhoad Richardson Robinson Rogers Rudnick Sharpe Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stoddard Stone Stuart Thomas Trotter Tucker Vaughn Waites Waldrop Walker Whipper White Wilder, D. Wilkins Williams Witherspoon Wofford Worley Young, R.
I came in after the roll call and was present for the Session on Tuesday, March 9.
Michael L. Fair James N. Law Annette Young F.G. Delleney, Jr. C. Lenoir Sturkie David A. Wright John W. Riser Olin R. Phillips Denny W. Neilson Robert A. Barber, Jr. Harry C. Stille John L. Scott, Jr. Ronald C. Fulmer Morgan Martin Daniel T. Cooper C. Alex Harvin, III G. Ralph Davenport, Jr. Thomas E. Huff Michael F. Jaskwhich Dell Baker Ronald P. Townsend Jerry N. Govan, Jr. June S. Shissias Steve P. Lanford William S. Houck, Jr. Carole C. Wells Richard M. Quinn, Jr. Gilda Cobb-Hunter Timothy C. Wilkes John G. Felder Henry E. Brown, Jr. George H. Bailey Joseph T. McElveen, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Rep. G. BAILEY a temporary leave of absence.
The SPEAKER granted Rep. H. BROWN a temporary leave of absence.
The SPEAKER granted Reps. J. WILDER and BAXLEY a leave of absence for the day.
Announcement was made that Dr. E. Conyer O'Bryan of Florence is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 387 -- Senator Drummond: A BILL TO AUTHORIZE THE TRUSTEES OF GREENWOOD SCHOOL DISTRICT 52 IN GREENWOOD COUNTY TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.
S. 477 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SCHOOL SUPERINTENDENT OF LAURENS SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE DEFINED MINIMUM PROGRAM FOR SO LONG AS THE SUPERINTENDENT OF THE DISTRICT IS A REEMPLOYED RETIREE OF THE SOUTH CAROLINA RETIREMENT SYSTEM.
S. 87 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 61-3-1000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE SIGNS WHICH INDICATE WHETHER THE BUSINESS IS OPEN OR CLOSED.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3400 -- Reps. Harwell, Rudnick, Elliott, Jennings, McKay, Kirsh, Boan, Hodges, J. Harris, Spearman, Gonzales and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-80 SO AS TO PROVIDE FOR THE MANNER IN WHICH CERTAIN ASSIGNMENTS OR COLLATERAL ASSIGNMENTS OF RENTS, ISSUES, OR PROFITS ARE VALID, ENFORCEABLE AND PERFECTED.
H. 3605 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, RELATING TO SPECIAL NEEDS FINANCING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1535, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3606 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, RELATING TO THE DOWNPAYMENT ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1534, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3633 -- Rep. Jennings: A BILL TO AMEND SECTION 15-9-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON DOMESTIC CORPORATIONS, SECTION 15-9-240, AS AMENDED, RELATING TO SERVICE OF PROCESS ON AUTHORIZED FOREIGN CORPORATIONS, AND SECTION 36-2-806, RELATING TO THE MANNER AND PROOF OF SERVICE OF PROCESS SERVED OUTSIDE THE STATE, SO AS TO CONFORM THE PROVISIONS OF THESE SECTIONS TO THE SERVICE OF PROCESS RULES CONTAINED IN THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
H. 3557 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO TRANSFER TWO HUNDRED THOUSAND DOLLARS FROM ACCOUNTS OF THE HOUSE OF REPRESENTATIVES DESIGNATED BY THE SPEAKER TO THE JUDICIAL DEPARTMENT TO ASSIST IN THE PAYMENT OF MILEAGE AND SUBSISTENCE EXPENSES INCURRED BY JUDGES AND JUSTICES FROM APRIL 1, 1993, THROUGH JUNE 30, 1993, AND TO PROVIDE THE TERMS AND CONDITIONS OF THE PAYMENT OF THESE EXPENSES.
The following Bill was taken up.
H. 3610 -- Ways and Means Committee: GENERAL APPROPRIATION BILL. (Abbreviated Title)
Rep. BOAN moved to adjourn debate upon the Bill until Wednesday, March 10, which was adopted.
The following Bill was taken up.
H. 3057 -- Rep. Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1075, SO AS TO DEFINE THE CRIME OF CARJACKING, MAKE IT A FELONY, AND PROVIDE PENALTIES FOR VIOLATION INCLUDING A PROVISION THAT IF DEATH RESULTS IT IS CONSIDERED AN AGGRAVATING CIRCUMSTANCE FOR PURPOSES OF THE DEATH PENALTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15143SD.93), which was adopted.
Amend the bill, as and if amended, by striking Section 16-3-1075 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 16-3-1075. (A) For purposes of this section:
(1) "Great bodily injury" has that meaning as defined in Section 56-5-2945(B).
(2) "Deadly weapon" means an instrument capable of inflicting death or great bodily injury.
(B) Whoever, possessing a deadly weapon, takes a motor vehicle from another while that person is operating the vehicle or while a person is in the vehicle by force and violence or by intimidation, or attempts to do so, is guilty of the felony of carjacking, and upon conviction must:
(1) be imprisoned by not more than fifteen years; or
(2) if great bodily injury results, be imprisoned not more than twenty-five years./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES 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. 3105 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2535 SO AS TO MAKE IT A MISDEMEANOR OFFENSE, EXCEPT UNDER CERTAIN CIRCUMSTANCES, TO STOP, STAND, OR PARK A VEHICLE IN FRONT OF, ADJACENT TO, OR INSIDE A DESIGNATED FIRE LANE, AND TO PROVIDE FOR PUNISHMENT FOR THIS VIOLATION IN THE SAME MANNER AS PROVIDED IN SECTION 56-3-1970 FOR UNLAWFULLY PARKING A VEHICLE IN A PARKING PLACE CLEARLY DESIGNATED FOR HANDICAPPED PERSONS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 4, by the Committee on Judiciary.
Rep. CROMER explained the amendment and moved to adjourn debate upon the Bill until Wednesday, March 10, which was adopted.
The following Bill was taken up.
S. 60 -- Senators Washington, Stilwell and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE THE EDUCATIONAL AND PROFESSIONAL EXPERIENCE, TO PROVIDE FOR FINGERPRINTING AND A FINGERPRINT SEARCH, AND TO REQUIRE AN AFFIDAVIT FILED WITH THE CLERK OF COURT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4330AL.93), which was adopted.
Amend the bill, as and if amended, Section 23-11-110(A)(7), SECTION 1, page 2, by striking item (7) and inserting:
/(7) be fingerprinted and have the State Law Enforcement Division make a search of local, state, and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of any law enforcement agency and must be made available to SLED sixty days before the close of qualification for election to the office with the records search to be filed with the county executive committee of the person's political party. A person seeking nomination by petition must file the records search with the county election commission in the county of his residence./
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HOLT moved to adjourn debate upon the following Bill until Thursday, March 11, which was adopted.
H. 3640 -- Reps. Wilkins, Anderson, Vaughn, Haskins, Cato, Jaskwhich, M.O. Alexander, McMahand, Mattos, Baker and Clyborne: A BILL TO AMEND SECTION 6-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO DISTRICTS IN COUNTIES THAT HAVE ADOPTED BY ORDINANCE UNIFORM ELECTION DATES FOR DISTRICTS WITHIN THOSE COUNTIES BEFORE THE EFFECTIVE DATE OF THIS SECTION, AND AUTHORIZE THE FILING OF A STATEMENT OF CANDIDACY BY A CANDIDATE IN ORDER TO HAVE HIS NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF A SPECIAL PURPOSE DISTRICT.
The following Bill was taken up.
H. 3371 -- Reps. Carnell and Farr: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE; TO AMEND SECTIONS 58-3-20 AND 58-3-24, RELATING TO THE PUBLIC SERVICE COMMISSION AND ITS MEMBERSHIP, SO AS TO DELETE REFERENCES TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, AND 58-3-25, RELATING TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL.
Rep. FARR moved to adjourn debate upon the Bill until Tuesday, March 30, which was adopted.
The following Bill was taken up.
H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 30, SO AS TO ESTABLISH WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT SIXTEEN DEPARTMENTS TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY AND TO ESTABLISH WITHIN EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, TO PROVIDE THAT CERTAIN OTHER AGENCIES OR DEPARTMENTS OF STATE GOVERNMENT SHALL PERFORM THEIR DUTIES AND FUNCTIONS AS A PART OF AND UNDER THE SUPERVISION OF DESIGNATED CONSTITUTIONAL OFFICERS OR THE JUDICIAL DEPARTMENT, TO AMEND CHAPTER 23 OF TITLE 1 OF THE 1976 CODE, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES BY ADDING ARTICLE 5, SO AS TO ESTABLISH THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION THE JUDGES OF WHICH SHALL HEAR, DETERMINE AND PRESIDE OVER CONTESTED CASES OF CERTAIN STATE AGENCIES, DEPARTMENTS, DIVISIONS, AND COMMISSIONS, TO AMEND THE STATE ADMINISTRATIVE PROCEDURES ACT SO AS TO REVISE THE MANNER IN WHICH REGULATIONS ARE APPROVED AND TAKE EFFECT, TO ABOLISH SPECIFIED BOARDS, COMMISSIONS, AND COMMITTEES OF THIS STATE, TO PLACE THE DEPARTMENT OF ARCHIVES AND HISTORY UNDER THE UNIVERSITY OF SOUTH CAROLINA, TO DESIGNATE THE OFFICE OF APPELLATE DEFENSE AS THE OFFICE OF INDIGENT DEFENSE AND REVISE ITS DUTIES AND FUNCTIONS, TO PROVIDE FOR TRANSITIONAL PROVISIONS IN REGARD TO THIS ACT, TO PROVIDE FOR A JULY 1, 1993, EFFECTIVE DATE, AND TO AMEND, ADD, AND REPEAL CERTAIN SECTIONS OF THE 1976 CODE SO AS TO REVISE THEM IN CONFORMITY WITH THE ABOVE PROVISIONS.
Reps. WILKINS, HODGES, McLEOD, BEATTY AND HASKINS objected to the Bill.
Rep. G. BROWN, with unanimous consent, made a statement regarding his motion to have H.3611, the Restructuring Bill, read on Monday, March 8.
Rep. J. BROWN, with unanimous consent, made a statement relative to the Restructuring Bill.
The following Concurrent Resolution was taken up.
H. 3579 -- Reps. Cooper, Davenport, Townsend, Cato, Robinson, Allison, Wells, Walker, Littlejohn, D. Smith, Wilkins, Marchbanks, P. Harris and Vaughn: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SEEK AVAILABLE FEDERAL FUNDING IN SUPPORT OF INFRASTRUCTURE GROWTH IN THE COMMUNITIES OF GREENVILLE, ANDERSON, PICKENS, SPARTANBURG, AND LAURENS COUNTIES.
Amend Title To Conform
Whereas, there is presently a climate of dynamic growth and the potential for continued steady growth in the communities of Greenville, Anderson, Pickens, Spartanburg, Laurens, Charleston, Berkeley, and Dorchester counties, and a consortium of business and governmental leaders has been formed to develop long-range infrastructure planning in the Reedy, Saluda, and Enoree River basins; and
Whereas, Anderson County is also developing a 201 Plan for the Lower Saluda River basin to meet future needs; and
Whereas, these planning efforts are immediately necessary and entail significant costs. These planners seek aid and assistance from the South Carolina Congressional Delegation to make available relevant funding. 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, respectfully urges the South Carolina Congressional Delegation to aid and allocate federal funding for infrastructure planning to benefit Greenville, Anderson, Pickens, Spartanburg, Laurens, Charleston, Berkeley, and Dorchester Counties.
Be it further resolved that a copy of this resolution be forwarded to all eight members of the South Carolina Congressional Delegation at Washington, D.C., to the Leadership Infrastructure Consortium, Western Carolina Regional Sewer Authority, the Administrator of Anderson County, and the governing bodies of Charleston, Dorchester, and Berkeley counties.
Rep. R. YOUNG proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10334JM.93), which was adopted.
Amend the concurrent resolution, as and if amended, by striking the first "Whereas" clause and inserting:
/Whereas, there is presently a climate of dynamic growth and the potential for continued steady growth in the communities of Greenville, Anderson, Pickens, Spartanburg, Laurens, Charleston, Berkeley, and Dorchester Counties, and a consortium of business and governmental leaders has been formed to develop long-range infrastructure planning in the Reedy, Saluda, and Enoree River basins; and/
Amend, further, by striking all after the resolving words and inserting:
/That the General Assembly of the State of South Carolina, by this resolution, respectfully urges the South Carolina Congressional Delegation to aid and allocate federal funding for infrastructure planning to benefit Greenville, Anderson, Pickens, Spartanburg, Laurens, Charleston, Berkeley, and Dorchester Counties.
Be it further resolved that a copy of this resolution be forwarded to all eight members of the South Carolina Congressional Delegation at Washington, D.C., to the Leadership Infrastructure Consortium, Western Carolina Regional Sewer Authority, the Administrator of Anderson County, and the governing bodies of Charleston, Dorchester, and Berkeley Counties./
Amend title to conform.
Rep. R. YOUNG explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. WILKINS.
Debate was resumed on the following Bill, the pending question being the reading of the Bill, line 9, Pg. 47.
H. 3611 -- Judiciary Committee: A BILL TO RESTRUCTURE THE EXECUTIVE BRANCH BY REORGANIZING DEPARTMENTS. (Abbreviated Title)
Rep. HODGES moved to adjourn debate upon the Bill until Wednesday, March 10, which was adopted.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, March 10, which was adopted.
H. 3147 -- Reps. Corning, Hallman, Fulmer, Quinn, Clyborne, Jaskwhich, Holt, Barber, A. Young, Davenport, Richardson, Cato, Shissias, Harrison, Hodges, D. Smith, Vaughn, Riser, Beatty, J. Bailey, Gonzales, Littlejohn, Houck, Lanford, R. Young, Meacham, Harrell, Simrill, Rogers, Walker, Thomas, Wright and Waites: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CANDIDATES IN GENERAL ELECTIONS, SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY, SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE OF PARTY PRIMARIES, CERTIFICATION OF NAMES FOR PRIMARY BALLOTS, AND FILING FEES, AND SECTION 7-13-350, RELATING TO PLACING THE NAME OF CERTIFIED CANDIDATES ON THE BALLOT NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO REVISE THE PRIMARY DATE AND RELATED FILING AND CERTIFICATION DATES AND PROVIDE FOR A PRIMARY ON THE FOURTH TUESDAY IN AUGUST.
Rep. HODGES moved to adjourn debate upon the following Joint Resolution until Wednesday, March 10, which was adopted.
H. 3058 -- Reps. Wilkins, Rogers, Huff, Jaskwhich, Graham, T.C. Alexander, Boan, Hodges, Cato, Wells and Clyborne: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, March 10, which was adopted.
H. 3059 -- Reps. Wilkins, Clyborne, Rogers, Huff, Jaskwhich, T.C. Alexander, Boan, Hodges, Wells, Cato and Graham: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, AS AMENDED, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER TENTH TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO PROVIDE THAT THE FEBRUARY FIFTEENTH FORECAST MAY BE ADJUSTED DOWNWARD MONTHLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
The following Bill was taken up.
H. 3310 -- Reps. Phillips, Rogers, McTeer, A. Young and Meacham: A BILL TO AMEND SECTION 59-63-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE OF ATTENDANCE FOR THE PUBLIC SCHOOLS OF THIS STATE AND SECTION 59-65-10, RELATING TO THE RESPONSIBILITY OF PARENTS OR GUARDIANS TO CAUSE THEIR CHILDREN TO ATTEND SCHOOL SO AS TO CHANGE FROM NOVEMBER FIRST TO SEPTEMBER FIRST THE DATE IN A PARTICULAR SCHOOL YEAR WHICH DETERMINES A CHILD'S ELIGIBILITY FOR ATTENDANCE BASED ON AGE.
Rep. CROMER objected to the Bill.
Rep. PHILLIPS moved to adjourn debate upon the Bill until Wednesday, March 10, which was adopted.
Rep. PHILLIPS moved to adjourn debate upon the following Bill until Tuesday, March 30, which was adopted.
H. 3098 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 35 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SELECTIVE SERVICE BOARD MEMBERS, INCLUDING PROVISIONS THAT MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Rep. T.C. ALEXANDER moved to adjourn debate upon the following Bill until Wednesday, March 10, which was adopted.
H. 3411 -- Reps. T.C. Alexander, M.O. Alexander, Gamble, R. Smith and A. Young: A BILL TO AMEND SECTIONS 42-7-10, AS AMENDED, 42-7-20, 42-7-30, 42-7-70, 42-7-75, AS AMENDED, AND 42-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION FUND, SO AS TO CHANGE THE NAME OF THAT FUND TO THE "STATE ACCIDENT FUND"; TO PROVIDE THAT, UPON THE EFFECTIVE DATE OF THIS ACT, THE STATE WORKERS' COMPENSATION FUND SHALL BE KNOWN AS THE STATE ACCIDENT FUND, PROVIDE FOR THIS NAME CHANGE IN OTHER PLACES IN THE 1976 CODE OR OTHER STATUTES OF THE STATE, AND PROVIDE FOR THE EXHAUSTION OF ALL CURRENT FORMS, STATIONERY, AND OTHER PRINTED MATERIAL REFLECTING THE NAME, "STATE WORKERS' COMPENSATION FUND".
The following Bill was taken up.
H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 30, SO AS TO ESTABLISH WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT SIXTEEN DEPARTMENTS TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY AND TO ESTABLISH WITHIN EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, TO PROVIDE THAT CERTAIN OTHER AGENCIES OR DEPARTMENTS OF STATE GOVERNMENT SHALL PERFORM THEIR DUTIES AND FUNCTIONS AS A PART OF AND UNDER THE SUPERVISION OF DESIGNATED CONSTITUTIONAL OFFICERS OR THE JUDICIAL DEPARTMENT, TO AMEND CHAPTER 23 OF TITLE 1 OF THE 1976 CODE, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES BY ADDING ARTICLE 5, SO AS TO ESTABLISH THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION THE JUDGES OF WHICH SHALL HEAR, DETERMINE AND PRESIDE OVER CONTESTED CASES OF CERTAIN STATE AGENCIES, DEPARTMENTS, DIVISIONS, AND COMMISSIONS, TO AMEND THE STATE ADMINISTRATIVE PROCEDURES ACT SO AS TO REVISE THE MANNER IN WHICH REGULATIONS ARE APPROVED AND TAKE EFFECT, TO ABOLISH SPECIFIED BOARDS, COMMISSIONS, AND COMMITTEES OF THIS STATE, TO PLACE THE DEPARTMENT OF ARCHIVES AND HISTORY UNDER THE UNIVERSITY OF SOUTH CAROLINA, TO DESIGNATE THE OFFICE OF APPELLATE DEFENSE AS THE OFFICE OF INDIGENT DEFENSE AND REVISE ITS DUTIES AND FUNCTIONS, TO PROVIDE FOR TRANSITIONAL PROVISIONS IN REGARD TO THIS ACT, TO PROVIDE FOR A JULY 1, 1993, EFFECTIVE DATE, AND TO AMEND, ADD, AND REPEAL CERTAIN SECTIONS OF THE 1976 CODE SO AS TO REVISE THEM IN CONFORMITY WITH THE ABOVE PROVISIONS.
Rep. HODGES requested that the Bill be read.
The Reading Clerk read the Bill.
Rep. McELVEEN raised the Point of Order that the Bill was out of order in compliance with Rule 5.2 in that it specifically mentioned that certain Sections, Chapters and Titles of the General Statute or the Code of Laws were being amended and that it did not express in the title the subject matters of all of those Sections, Titles and Chapters. He further stated that it did not give the full text of all sections that were being amended or repealed as required by Rule 5.2.
The SPEAKER stated the Bill as introduced by the authors was a skeleton bill which was an accepted procedure and there were no proposed amendments by those authors. He further stated that if the House chose not to amend the Bill, then no sections of the law would be amended and if the House chose to adopt an amendment, then the sections of the law would be amended.
Rep. McELVEEN further stated that Rule 5.2, second paragraph, stated that every bill which shall propose the amendment or repeal of any Section, Chapter, Title of the General Statutes shall in its title express the subject matter of the Section, Chapter or Title. He further stated, citing Rule 5.2, that if this was not complied with, the paper shall not be received by the Speaker and objection may be raised by any member to such improper introduction at any time prior to third reading. He further stated that this indicated that it was a pretty important requirement. He further stated that the House would be halted in that no amendment would be germane or every amendment would be germane.
The SPEAKER stated that this was an opinion and had not been a Ruling by the Chair.
Rep. McELVEEN further stated that it did not fulfill the requirements of Rule 5.2 and that the process of skeleton bills totally violated the reason for having Rules.
The SPEAKER stated that the title did express which Code Sections this Bill could amend or repeal and that was what the second section of Rule 5.2 stated and that whatever amendment was offered would have to be germane to the title and that was what the Rule was designed to protect against.
Rep. McELVEEN stated that it had not been printed.
The SPEAKER stated it had been printed.
Rep. McELVEEN stated that it did not specifically mention all of the Sections of the Code to be amended.
The SPEAKER stated that it sought to establish a new title of the Code which was Chapter 30 and under Chapter 30 to reorganize the Executive Branch into 16 departments. He further stated that depending on whatever happened to an amendment and if that new Chapter affected the organization of others, then every amendment always stated to amend title to conform. He further stated that the title of this Bill sought to establish a new Chapter 30 in the Code which reorganized government and it sought to amend Chapter 23 of Title 1 by adding Article 5 and it also sought to repeal certain sections of the 1976 Code, but it did not name which sections.
Rep. McELVEEN further stated, citing Rule 5.2, that every bill proposing to amend any Section of any Chapter of the General Statute shall give the full text of the Section or clearly identifiable subdivision or portion of the Section as it would read with such amendment inserted and if this Rule could not be complied with, the Bill shall be amended as to conform to the Rule before it could be considered by the House.
The SPEAKER sustained the Point of Order and ordered the title to be changed to read as follows:
A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 30, SO AS TO ESTABLISH WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT SIXTEEN DEPARTMENTS TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY AND TO ESTABLISH WITHIN EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, AND FOR THE MANNER OF SELECTION AND TERMS OF SERVICE OF DIVISION HEADS AND OTHER OFFICIALS, TO PROVIDE THAT CERTAIN OTHER AGENCIES OR DEPARTMENTS OF STATE GOVERNMENT SHALL PERFORM THEIR DUTIES AND FUNCTIONS AS A PART OF AND UNDER THE SUPERVISION OF DESIGNATED CONSTITUTIONAL OFFICERS OR THE JUDICIAL DEPARTMENT, TO AMEND SECTION 2-19-10, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE SIZE OF THE JOINT COMMITTEE AND PROVIDE FOR CERTAIN REVIEW OF JUDGES AND OTHER OFFICIALS HEREIN CONTAINED, TO AMEND CHAPTER 23 OF TITLE 1 OF THE 1976 CODE, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES BY ADDING ARTICLE 5, SO AS TO ESTABLISH THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION THE JUDGES OF WHICH SHALL HEAR, DETERMINE AND PRESIDE OVER CONTESTED CASES OF CERTAIN STATE AGENCIES, DEPARTMENTS, DIVISIONS, AND COMMISSIONS, TO AMEND THE STATE ADMINISTRATIVE PROCEDURES ACT SO AS TO REVISE THE MANNER IN WHICH REGULATIONS ARE APPROVED AND TAKE EFFECT, TO ABOLISH SPECIFIED BOARDS, COMMISSIONS, AND COMMITTEES OF THIS STATE, TO DESIGNATE THE OFFICE OF APPELLATE DEFENSE AS THE OFFICE OF INDIGENT DEFENSE AND REVISE ITS DUTIES AND FUNCTIONS, TO PROVIDE FOR TRANSITIONAL PROVISIONS IN REGARD TO THIS ACT, TO PROVIDE FOR A JULY 1, 1993, EFFECTIVE DATE, AND TO AMEND SECTIONS 1-23-10, 1-23-110, 1-23-115, 1-23-130, 1-23-160, 1-23-310, 1-23-320, 1-23-330, 1-23-380, 42-3-10, 42-3-30, 42-3-80, 42-3-90, 42-3-110, 42-3-180, 42-3-190, 42-3-200, 42-3-210, 42-3-220, 42-3-230, 42-3-240, 46-3-10, 46-3-20, 46-3-80, 46-3-220, 46-5-20, 46-15-40, 46-49-60, 46-5-10, Chapter 9, TITLE 46, 46-10-20, 46-10-30, 46-13-10, 46-13-20, 46-25-20, 46-25-1010, 46-26-10, 46-26-20, 46-26-30, 46-26-160, 46-35-10, 46-35-15, 46-37-5, 46-49-40; ARTICLE 3, CHAPTER, 11, TITLE 47; CHAPTER 19, TITLE 47; ARTICLE, 5, CHAPTER 9, TITLE 47; ARTICLE 5, CHAPTER 11, TITLE 47; CHAPTERS 13 AND 15, TITLE 47; 8-11-945, 44-49-10, 44-49-20, 44-49-40, 44-49-50, 44-49-60, 44-49-70, 44-107-80, 56-1-1400, 55-1-50, 55-1-60, 55-1-70, 55-1-90, 55-1-100, 55-1-100, 55-1-140, 55-5-20, 55-5-30, 55-5-50, 55-5-60, 55-5-70, 55-5-75, 55-5-80, 55-5-86, 55-5-87, 55-5-90, 55-5-110, 55-5-120, 55-5-140, 55-5-150, 55-5-160, 55-5-170, 55-5-180, 55-5-200, 55-5-210, 55-5-220, 55-5-230, 55-5-240, 55-5-260, 55-5-290, 55-8-10, 55-8-10, 55-8-20, 55-8-30, 55-8-40, 55-8-50, 55-8-70, 55-8-90, 55-8-100, 55-8-110, 55-8-160, 55-8-170, 55-9-30, 55-9-40, 55-9-70, 55-9-80, 55-9-90, 55-9-190, 55-9-220, 55-11-10, 55-15-10, 11-35-1520, 15-9-390, 15-9-410, 12-36-1370, 46-13-060, 41-45-10, 41-45-20, 41-45-30, 41-45-40, 41-45-50, 41-45-60, 11-37-200, 12-27-1260, 12-27-1270, 12-27-1300, 51-13-860, 55-11-520, 59-54-40, 59-54-40, 13-3-10, 13-3-20, 13-3-30, 13-3-70, 13-3-80, 13-3-90, 13-3-100, 13-3-110, 13-3-120, 1-3-210, 1-11-310, 1-19-60, 2-67-10, 2-67-30, 13-5-10, 13-5-10, 13-7-10, 13-7-20, 13-11-20, 13-17-40, 31-1-30, 31-3-20, 31-3-340, 31-3-370, 31-3-390, 31-3-750, 33-37-250, 33-39-250, 39-9-230, 39-15-170, 41-43-40, 41-43-190, 41-44-60, 43-5-550, 43-21-120, 44-96-60, 44-96-70, 44-96-120, 48-9-230, 48-21-20, 49-3-20, 51-1-15, 51-17-50, 59-53-10, 43-25-10, 43-25-30, 43-25-40, 43-25-50, 43-25-60, 43-25-70, 43-25-90, 43-25-100, 43-26-10, 43-26-20, 43-26-30, 43-26-40, 43-26-50, 43-26-60, 43-26-70, 43-26-80, 43-26-90, 43-26-100, 43-26-110, 44-20-20, 44-20-30, 44-20-240, 44-20-250, 44-20-260, 44-20-270, 44-20-280, 44-20-290, 44-20-300, 44-20-310, 44-20-320, 44-20-330, 44-20-340, 44-20-350, 44-20-360, 44-20-370, 44-20-375, 44-20-380, 44-20-385, 44-20-390, 44-20-400, 44-20-420, 44-20-430, 44-20-440, 44-20-450, 44-20-460, 44-20-470, 44-20-480, 44-20-490, 44-20-500, 44-20-510, 44-20-710, 44-20-720, 44-20-730, 44-20-740, 44-20-750, 44-20-760, 44-20-770, 44-20-780, 44-20-790, 44-20-800, 44-20-900, 44-20-1000, 44-20-1110, 44-20-1120, 44-20-1130, 44-20-1140, 44-20-1150, 44-20-1160, 44-20-1170, 44-26-10, 44-26-30, 44-26-40, 44-26-50, 44-26-60, 44-26-70, 44-26-80, 44-26-100, 44-26-120, 44-26-140, 44-26-170, 44-26-180, 44-26-190, 44-26-200, 44-28-20, 44-28-40, 44-28-60, 44-28-80, 44-28-360, 44-28-370, 44-38-10, 44-38-20, 44-38-30, 44-38-40, 44-38-50, 44-38-60, 44-38-70, 59-1-190, 59-1-445, 59-5-140, 59-20-20, 59-23-170, 59-26-40, 59-29-40, 59-29-220, 59-31-330, 59-31-340, 59-32-10, 59-32-30, 59-65-30, 59-67-20, 59-67-260, 59-67-270, 59-67-535, 59-67-540, 59-67-570, 59-67-780, 50-67-790, 59-137-50, 59-51-30, 59-51-40, 59-51-50, 48-39-10, 48-39-40, 48-39-50, 48-39-60, 48-39-70, 48-39-80, 48-39-100, 48-39-150, 48-39-160, 48-39-170, 48-39-180, 48-39-270, 48-39-280, 48-39-290, 48-43-10, 44-2-20, 44-55-20, 44-55-30, 44-55-40, 44-55-45, 44-55-50, 44-55-70, 44-55-90, 44-55-2320, 44-55-2330, 44-56-20, 44-56-30, 44-56-100, 44-56-160, 44-56-190, 44-67-20, 44-67-30, 44-67-40, 44-67-50, 44-93-20, 44-93-30, 44-93-120, 44-93-150, 44-96-40, 44-96-100, 44-96-130, 44-96-250, 44-96-260, 44-96-290, 44-96-320, 44-96-330, 44-96-350, 44-96-360, 44-96-380, 48-1-10, 48-1-30, 48-1-50, CHAPTER 48 OF TITLE 48, 48-1-60, 48-1-200, 48-3-10, 48-55-10, 48-55-20,49-3-40, 49-3-50, 49-4-20, 49-4-30, 49-4-40, 49-4-60, 49-4-70, 49-4-80, 49-4-90, 49-5-30, 49-5-40, 49-5-50, 49-5-60, 49-5-70, 49-5-80, 49-5-90, 49-5-100, 49-5-110, 49-5-130, 49-6-10, 49-6-20, 49-6-30, 49-6-40, 49-7-10, 49-7-70, 49-7-120, 49-21-10, 49-21-20, 49-21-30, 49-21-40, 49-21-50, 49-21-60, 49-21-70, 49-21-80, 49-23-20, 49-23-30, 49-23-50, 49-23-60, 49-23-70, 49-23-80, 49-23-90, 49-23-100, 49-25-10, 49-25-20, 49-25-30, 49-25-40, 49-27-10, 49-27-70, 49-27-80, 49-27-90, 49-29-20, 49-29-30, 49-29-50, 49-29-60, 49-29-70, 49-29-80, 49-29-90, 49-29-100, 49-29-110, 49-29-160, 49-29-170, 49-29-180, 49-29-190, 49-29-200, 49-29-210, TITLE 43, CHAPTERS 1, 3, AND 21; 12-21-3441, 12-21-3590, 43-29-10, 43-29-20, 43-29-30, 43-29-50, 43-29-70, 43-29-80, 43-29-90, 20-7-30, 20-7-340, 20-7-490, 20-7-510, 20-7-520, 20-7-530, 20-7-610, 20-7-640, 20-7-650, 20-7-655, 20-7-660, 20-7-670,20-7-680, 20-7-690, 20-7-1440, 20-7-1645, 20-7-1650, 20-7-1705, 20-7-1750, 20-7-1780, 20-7-1895, 20-7-1897, 20-7-1900, 20-7-1920, 20-7-1925, 20-7-1930, 20-7-1940, 20-7-1950, 20-7-1958, 20-7-1960, 20-7-1970, 20-7-2000, 20-7-2010, 20-7-2020, 20-7-2060, 20-7-2070, 20-7-2240, 20-7-2250, 20-7-2260, 20-7-2270, 20-7-2280, 20-7-2290, 20-7-2307, 20-7-2310, 20-7-2323, 20-7-2340, 20-7-2610, 20-7-2640, 20-7-2650, 20-7-2700, 20-7-2710, 20-7-2720, 20-7-2730, 20-7-2740, 20-7-2750, 20-7-2760, 20-7-2780, 20-7-2790, 20-7-2800, 20-7-2810, 20-7-2820, 20-7-2830, 20-7-2840, 20-7-2850, 20-7-2860, 20-7-2870, 20-7-2880, 20-7-2890, 20-7-2910, 20-7-2920, 20-7-2930, 20-7-2940, 20-7-2980, 20-7-2990, 20-7-3000, 20-7-3010, 20-7-3020, 20-7-3030, 20-7-3050, 20-7-3060, 20-7-5420, 20-7-852, 20-7-952, 20-7-955, 20-7-970, 20-7-1015, 20-7-1040, 20-7-1145, 20-7-1315, 20-7-1317, 20-7-1322, 20-7-2450, 20-7-2460, 20-7-2470, 20-7-2480, 20-7-2500; TITLE 43, CHAPTER 5, ARTICLES 1, 3, AND 5; 43-7-20, 43-7-220, 20-7-2376, 20-7-2379, 20-7-2385, 20-7-2394, 59-49-10, 59-49-70, 59-49-80, 59-49-100, 59-49-110, 59-49-140, 59-49-150, 20-7-600, 20-7-630, 20-7-770, 20-7-780, 20-7-1330, 20-7-1490, 20-7-2115, 20-7-2125, 20-7-2155, 20-7-3210, 20-7-3220, 13-7-10, 13-7-30, 13-7-40, 13-7-45, 13-7-60, 13-7-70, 13-7-90, 13-7-120, 13-7-160, 13-7-170, 43-5-910, 43-5-920, 43-5-930, 43-5-940, 43-5-970, CHAPTER 1, TITLE 44, CHAPTER 3, TITLE 44, 44-5-20, ARTICLE 2, CHAPTER 7, TITLE 44, ARTICLE 3, CHAPTER 7, TITLE 44, 44-7-1420, 44-7-1440, 44-7-1490, 44-7-1590, 44-7-1660, 44-7-1690, 44-7-2520, 44-29-10, 44-29-20, 44-29-40, 44-29-50, 44-29-60, 44-29-70, 44-29-80, 44-29-90, 44-29-100, 44-29-110, 44-29-115, 44-29-120, 44-29-130, 44-29-135, 44-29-136, 44-29-140, 44-29-170,44-29-180, 44-29-210, 44-30-20, 44-30-30, 44-30-60, 44-30-70, 44-30-80, 44-30-90, ARTICLE 1, CHAPTER 31, TITLE 44, 44-31-510, 44-31-610, 44-33-10, 44-35-10, 44-35-90, 44-35-100, 44-35-110, 44-37-20, 44-37-30, 44-40-30, 44-40-60, 44-41-10, 44-41-20, 44-41-60, 44-41-70, 44-52-10, 44-53-10, 44-53-50, 44-53-110, 44-53-160, 44-53-180, 44-53-200, 44-53-220, 44-53-240, 44-53-260, 44-53-280, 44-53-290, 44-53-300, 44-53-310, 44-53-320, 44-53-330, 44-53-340, 44-53-350, 44-53-360, 44-53-430, 44-53-450, 44-53-480, 44-53-490, 44-53-500, 44-53-520, ARTICLE 4, CHAPTER 53, TITLE 44, ARTICLE 5, CHAPTER 53, TITLE 44, 44-53-920, 44-53-930, 44-53-940, 44-53-950, 44-53-1320, 44-53-1340, 44-53-1360, 44-53-1370, 44-53-1380, 44-53-1390, 44-53-1430, 44-53-1440, 44-53-1450, 44-53-1470, 44-55-210, 44-55-230, 44-55-250, 44-55-260, 44-55-270, 44-55-275, 44-55-280, 44-55-290, 44-55-420, 44-55-430, 44-55-440, 44-55-460, 44-61-20, 44-61-30, 44-61-40, 44-61-50, 44-61-60, 44-61-70, 44-61-80, 44-61-90, 44-61-105, 44-61-120, 44-61-130, 44-63-10, 44-63-20, 44-63-30, 44-63-60, 44-63-86, 44-63-110, 44-63-161, 44-69-20, 44-69-30, 44-69-40, 44-69-50, 44-69-60, 44-69-70, CHAPTER 71, TITLE 44, 44-75-20, 44-75-30, 44-75-40, 44-75-70, 44-81-30, 44-81-40, 44-81-60, CHAPTER 87, TITLE 44, 44-89-30, 44-89-40, 44-89-50, 44-89-60, 44-89-70, 44-89-80, 44-89-90, 44-89-100, CHAPTER 99, TITLE 44, 44-115-130, 47-5-20, 47-5-30, 47-5-40, 47-5-60, 47-5-100, 47-5-120, 47-5-150, 47-5-180, 44-6-5, 44-6-10, 44-6-30, 44-6-40, 44-6-45, 44-6-50, 44-6-70, 44-6-80, 44-6-90, 44-6-120, 44-6-140, 44-6-146, 44-6-150, 44-6-155, 44-6-160, 44-6-170, 44-6-180, 44-6-190, 44-6-220, 44-6-300, 44-6-320, 44-6-400, 44-6-410, 44-6-420, 44-6-430, 44-6-440, 44-6-460, 44-6-470, 44-6-500, 44-6-520, 44-6-530, 38-1-20, 38-2-10, CHAPTER 3, TITLE 38, CHAPTER 5, TITLE 38, CHAPTER 7, TITLE 38, CHAPTER 9, TITLE 38, CHAPTER 11, TITLE 38, CHAPTER 13, TITLE 38, 38-15-10, 38-15-20, 38-15-30, 38-15-50, 38-17-30, 38-17-50, 38-17-60, 38-17-70, 38-17-90, 38-17-120, 38-17-140, 38-17-150, 38-17-170, 38-19-40, 38-19-50, 38-19-440, 38-19-470, 38-19-480, 38-19-490, 38-19-610, 38-19-640, 38-19-650, 38-19-825, 38-21-10, 38-21-20, 38-21-30, 38-21-50, 38-21-60, 38-21-70, 38-21-90, 38-21-100, 38-21-110, 38-21-120, 38-21-125, 38-21-130, 38-21-140, 38-21-160, 38-21-170, 38-21-190, 38-21-200, 38-21-210, 38-21-220, 38-21-240, 38-21-250, 38-21-260, 38-21-270, 38-21-280, 38-21-290, 38-21-300, 38-21-310, 38-21-320, 38-21-330, 38-21-340, 38-21-350, 38-21-370, 38-23-20, 38-23-40, 38-23-50, 38-23-70, 38-23-80, 38-23-100, 38-25-10, 38-25-110, 38-25-160, 38-25-310, 38-25-510, 38-25-520, 38-25-540, 38-25-550, 38-25-570, CHAPTER 26, TITLE 38, ARTICLE 1, CHAPTER 27, TITLE 38, ARTICLE 3, CHAPTER 27, TITLE 38, 38-27-310, 38-27-320, 38-27-330, 38-27-350, 38-27-360, 38-27-370, 38-27-390, 38-27-400, 38-27-410, 38-27-430, 38-27-500, 38-27-520, 38-27-640, 38-27-660, 38-27-670, 38-27-680, 38-27-910, 38-27-920, 38-27-930, 38-27-940, 38-27-950, CHAPTER 29, TITLE 38, CHAPTER 31, TITLE 38, CHAPTER 33, TITLE 38, 38-35-10, 38-35-40, 38-35-50, 38-37-60, 38-37-220, 38-37-230, 38-37-240, 38-37-250, 38-37-260, 38-37-270, ARTICLE 5, CHAPTER 37, TITLE 38, ARTICLE 13, CHAPTER 37, TITLE 38, CHAPTER 39, TITLE 38, CHAPTER 41, TITLE 38, 38-43-20, 38-43-30, 38-43-40, 38-43-50, 38-43-70, 38-43-100, 38-43-105, 38-43-106, 38-43-107, 38-43-110, 38-43-130, 38-43-230, 38-43-250, 38-43-260, 38-44-30, 38-44-40, 38-44-50, 38-44-70, 38-44-80, CHAPTER 45, TITLE 38, 38-46-20, 38-46-30, 38-46-60, 38-46-70, 38-46-90, 38-46-100, 38-46-110, 38-46-120, CHAPTER 47, TITLE 38, 38-49-20, 38-49-25, 38-51-20, 38-51-30, 38-51-60, 38-53-10, 38-53-20, 38-53-80, 38-53-90, 38-53-100, 38-53-110, 38-53-130, 38-53-140, 38-53-150, 38-53-160, 38-53-170, 38-53-200, 38-53-210, 38-53-220, 38-53-230, 38-53-310, 38-53-320, 38-55-20, 38-55-40, 38-55-60, 38-55-80, 38-55-120, 38-55-140, 38-55-180, 38-57-150, 38-57-200, 38-57-210, 38-57-220, 38-57-240, 38-57-250, 38-57-260, 38-57-270, 38-57-280, 38-57-290, 38-57-300, 38-57-310, 38-59-30, CHAPTER 61, TITLE 38, 38-63-220, 38-63-250, 38-63-520, 38-63-580, 38-63-590, 38-63-600, 38-63-610, 38-63-650, 38-65-60, 38-65-210, 38-67-10, 38-67-30, 38-67-40, 38-69-120, 38-69-230, 38-69-320, 38-70-10, 38-70-10, 38-70-20, 38-70-30, 38-70-40, 38-70-50, 38-70-60, 38-71-70, 38-71-190, 38-71-310, 38-71-315, 38-71-320, 38-71-325, 38-71-330, 38-71-335, 38-71-340, 38-71-370, 38-71-410, 38-71-510, 38-71-530, 38-71-540, 38-71-550, 38-71-720, 38-71-730, 38-71-735, 38-71-750, 38-71-920, 38-71-950, 38-71-970, 38-71-980, 38-71-1010, 38-71-1020, 38-71-1110, 38-72-40, 38-72-60, CHAPTER 73, TITLE 38, 38-74-10, 38-74-20, 38-74-60, 38-74-70, 38-75-230, ARTICLE 5, CHAPTER 75, TITLE 38, 38-77-10, 38-77-30, 38-77-110, 38-77-113, 38-77-115, 38-77-120, 38-77-150, 38-77-200, 38-77-260, 38-77-280, 38-77-320, 38-77-330, 38-77-340, 38-77-350, ARTICLE 5, CHAPTER 77, TITLE 38, ARTICLE 9, CHAPTER 77, TITLE 38, CHAPTER 79, TITLE 38, CHAPTER 81, TITLE 38, CHAPTER 83, TITLE 38, 38-85-70, 38-85-80, CHAPTER 87 TITLE 38, CHAPTER 89, TITLE 38, 1-1-110, 2-7-73, 2-13-190, 2-23-10, 8-13-470, 8-13-740, 12-9-310, 12-21-820, 12-23-310, 12-53-220, 15-9-270, 15-9-280, 15-9-310, 17-13-80, 23-9-90, 23-41-30, 31-1-180, 31-1-690, 33-37-460, 34-29-160, 35-9-20, 35-9-30, 35-9-40, 35-9-60, 35-9-70, 35-9-90, 37-6-605, 39-21-230, 41-18-90, 44-2-75, 48-19-80, 48-20-110, 56-1-745, 56-1-746, 56-10-240, 58-23-1220, 61-9-340, 59-53-2050, ARTICLE 5, CHAPTER 79, TITLE 38, 38-79-410, 38-79-420, 38-79-430, 38-79-440, 38-79-450, 38-79-460, 38-79-470, 38-79-480, 38-79-490, ARTICLE 3, CHAPTER 7, TITLE 42, 42-7-310, 42-7-200, 42-1-80, 42-1-90, 42-1-340, 42-1-380, 42-1-390, 42-1-480, 42-1-505, 42-1-560, 42-1-650, CHAPTER 5, TITLE 42, CHAPTER 9, TITLE 42, 42-11-80, 42-11-100, 42-11-120, 42-11-130, 42-11-140, 42-11-150, 42-11-160, 42-11-170, 42-11-180, 42-11-185, 42-13-50, 42-13-80, 42-13-90, 42-13-100, 42-13-110, CHAPTER 15, TITLE 42, CHAPTER 17, TITLE 42, CHAPTER 19, TITLE 42, 1-23-330, ARTICLE 1, CHAPTER 7, TITLE 42, 42-1-490, 42-1-500,23-3-10, 23-3-20, 23-3-25, 23-3-30, 23-3-40, 23-3-45, 23-3-50, 23-5-10, 23-5-30, 23-5-31, 23-5-32, 23-5-33, 23-5-34, 23-5-40, 23-5-50, 23-5-60, 58-3-310, 58-3-360, 61-1-60, 61-3-220, 61-5-100, 61-9-1050, 61-13-410, 61-13-810, 61-13-836, 23-25-20, 23-25-40, 23-23-10, 23-23-20, 23-23-30, 23-23-65, 23-23-70, 6-9-60, 10-5-230, 10-5-240, 10-5-270, 10-5-300, 10-5-320, 23-9-10, 23-9-60, 23-9-65, 23-9-70, 23-9-150, 23-9-155, 23-9-170, 23-9-180, 23-9-210, 23-10-10, 23-36-80, 23-36-160, 23-43-20, 23-43-60, 23-43-70, 23-43-110, 23-43-140, 23-43-180, 39-43-160, 40-1-140, 40-1-310, 40-1-350, 40-3-40, 40-3-120, 40-3-135, 40-3-140, 40-6-40, 40-6-45, 40-6-180, 40-6-220, 40-7-60, 40-7-270, 40-9-30, 40-9-31, 40-9-36, 40-9-95, 40-11-40, 40-11-60, 40-11-90, 40-11-320, 40-13-60, 40-13-80, 40-13-260, 40-15-40, 40-15-50, 40-15-185, 40-15-200, 40-15-210, 40-15-215, 40-15-370, 40-15-380, 40-17-20, 40-17-30, 40-17-50, 40-17-70, 40-17-90, 40-17-140, 40-17-160, 40-19-10, 40-19-70, 40-19-80, 40-19-160, 40-19-170, 40-22-150, 40-22-420, 40-22-440, 40-23-20, 40-23-40, 40-23-127, 40-25-20, 40-25-30, 40-25-40, 40-25-170, 40-28-10, 40-28-30, 40-28-50, 40-28-80, 40-28-90, 40-28-100, 40-28-110, 40-28-120, 40-28-130, 40-28-140, 40-28-160, 40-28-190, 40-28-200, 40-28-210, 40-29-20, 40-29-50, 40-29-100, 40-29-110, 40-29-160, 40-29-210, 40-30-20, 40-30-40, 40-30-70, 40-33-30, 40-33-250, 40-33-931, 40-33-960, 40-35-10, 40-35-20, 40-35-70, 40-35-90, 40-35-135, 40-36-160, 40-37-50, 40-37-230, 40-38-60, 40-38-230, 40-39-10, 40-39-20, 40-39-50, 40-39-60, 40-39-90, 40-39-120, 40-39-150, 40-43-135, 40-43-260, 40-43-410, 40-47-170, 40-47-200, 40-47-210, 40-47-630, 40-47-660, 40-51-160, 40-53-30, 40-53-50, 40-53-70, 40-53-80, 40-53-90, 40-53-100, 40-53-110, 40-53-120, 40-53-130, 40-53-140, 40-53-150, 40-53-160, 40-53-180, 40-53-190, 40-53-210, 40-53-220, 40-53-230, 40-53-240, 40-54-20, 40-55-140, 40-55-160, 40-56-10, 40-56-20, 40-57-80, 40-57-170, 40-57-220, 40-58-20, 40-58-90, 40-59-50, 40-59-60, 40-59-90, 40-59-95, 40-59-120, 40-59-130, 40-60-160, 40-60-170, 40-60-210, 40-61-20, 40-61-40, 40-61-110, 40-63-10, 40-63-30, 40-63-120, 40-65-10, 40-65-70, 40-65-170, 40-65-220, 40-67-170, 40-69-70, 40-69-150, 40-69-210, 40-69-420, 40-75-40, 40-75-180, 40-77-110, 40-77-320, 40-79-40, 41-1-10, 41-3-10, 41-3-30, 41-3-40, 41-3-50, 41-3-55, 41-3-60, 41-3-70, 41-3-80, 41-3-100, 41-3-110, 41-3-120, 41-3-130, 41-3-140, 41-3-510, 41-3-520, 41-3-540, 41-3-530, 41-43-20, 41-43-30, 41-43-50, 41-43-90, 41-43-210, 41-44-10, 41-45-10, 41-45-20, 41-45-30, 41-45-40, 41-45-50, 48-27-70, 48-27-200, 52-7-15, 52-7-20, 52-7-25, 52-7-30, 54-15-320, 44-9-10, 44-9-20, 44-9-40, 44-9-50, 44-9-60, 44-9-70, 44-9-90, 44-9-100, 44-9-110, 44-9-120, 44-9-160, 44-11-20, 44-11-30, 44-11-60, 44-11-70, 44-11-80, 44-11-110, 44-13-30, 44-15-80, 44-22-10, 44-22-50, 44-22-190, 44-23-10, 44-23-210, 44-23-220, 44-23-410, 44-22-100, 44-22-110, 44-25-30, 44-28-20, 44-28-40, 44-28-60, 44-28-80, 44-28-360, 44-28-370, 44-52-10, 62-5-105, CHAPTERS 1, 3, 5, AND 9 OF TITLE 50; 50-11-10, 50-11-20, 50-11-120(B), 50-11-140, 50-11-310, 50-11-350, 50-11-390, 50-11-430, 50-11-500, 50-11-520, 50-11-530, 50-11-540, 50-11-560, 50-11-730, 50-11-740, 50-11-750, 50-11-810, 50-11-860, 50-11-880, 50-11-950, 50-11-980; ARTICLE 6, CHAPTER 11, TITLE 50; ARTICLE 7, CHAPTER 11, TITLE 50; 50-11-1730, 50-11-1740, 50-11-1760, 50-11-1765, 50-11-1950; ARTICLE 9, CHAPTER 11, TITLE 50; 50-11-2210, 50-11-2240, 50-11-2310; ARTICLE 12, CHAPTER 11, TITLE 50; 50-13-60, 50-13-70, 50-13-190, 50-13-210, 50-13-230, 50-13-236, 50-13-250, 50-13-260, 50-13-510, 50-13-730, 50-13-1135, 50-13-1150, 50-13-1165, 50-13-1192, 50-13-1193, 50-13-1194, 50-13-1195, 50-13-1196, 50-13-1210, 50-13-1410, 50-13-1415, 50-13-1470, 50-13-1630, 50-13-1640, 50-13-1680, 50-13-1710, 50-13-1720, 50-13-1730, 50-13-1750; ARTICLE 13, CHAPTER 13, TITLE 50; CHAPTER 15, TITLE 50; 50-16-20, 50-16-30, 50-16-40, 50-16-50, 50-17-30, 50-17-50, 50-17-60, 50-17-65, 50-17-70, 50-17-90, 50-17-105, 50-17-120, 50-17-130, 50-17-150, 50-17-155, 50-17-160, 50-17-165, 50-17-180, 50-17-190, 50-17-210, 50-17-215, 50-17-250, 50-17-270, 50-17-280, 50-17-290; ARTICLE 3, CHAPTER 17, TITLE 50; 50-17-421, 50-17-440, 50-17-460, 50-17-470; ARTICLE 5, CHAPTER 17, TITLE 50; 50-17-625, 50-17-630, 50-17-650, 50-17-660, (B), (C), (E), AND (F), 50-17-670, 50-17-685, 50-17-716, 50-17-720, 50-17-721, 50-17-730, 50-17-740, 50-17-770, 50-17-780, 50-17-830, 50-17-850, 50-17-855, 50-17-890; ARTICLE 11, CHAPTER 17, TITLE 50; CHAPTER 18, TITLE 50; 50-19-130, 50-19-240, 50-19-410, 50-19-750, 50-19-760, 50-19-770, 50-19-1020, 50-19-1140, 50-19-1160, 50-19-1170, 50-19-1180, 50-19-1310, 50-19-1320, 50-19-30, 50-19-1730, 50-19-1920, 50-19-1925, 50-19-1935, 50-19-2210, 50-19-2215, 50-19-2230, 50-19-2240, 50-19-2310, 50-18-2330, 50-19-2520, 50-19-2610, 50-19-2630, 50-19-2640, 50-19-2710, 50-19-2830, 50-19-2850, 50-20-50, 50-20-80, 50-20-90, 50-20-110, 50-21-30, 50-21-40, 50-21-45, 50-21-50, 50-21-80, 50-21-90, 50-21-105, 50-21-112, 50-21-114, 50-21-125, 50-21-130, 50-21-135, 50-21-137, 50-21-139, 50-21-140, 50-21-145, 50-21-147, 50-21-148, 50-21-149, 50-21-150, 50-21-160; ARTICLES 3, 5, AND 7, CHAPTER 21, TITLE 50; 50-21-855, 50-21-1010, 50-23-10, 50-23-20, 50-23-60, 50-23-80, 50-23-90, 50-23-100, 50-23-110, 50-23-120, 50-23-130, 50-23-135, 50-23-140, 50-23-150, 50-23-160, 50-23-170, 50-23-180, 50-23-190, 50-23-205, 50-23-210, 50-23-220, 50-23-230, 50-23-240, 50-23-250, 50-23-260, 50-23-290, 50-25-310, 50-23-320, 50-23-1310, 50-23-1360, CHAPTER 23 OF TITLE 48, 48-25-50, 48-28-30, 48-28-40, 48-28-100, 48-30-30, 48-30-50, 48-30-70, 48-30-80, CHAPTERS 29, 33, OF TITLE 48, CHAPTER 5 OF TITLE 13; 27-2-80, 27-2-90, 48-9-30, 48-9-40, ARTICLES 3, 5, 7 AND 9 OF CHAPTER 9 OF TITLE 48, 48-9-1210, 48-9-1230, 48-9-1320, 48-9-1810, 48-9-1820, 48-9-1840, 48-9-1850, 48-9-1860, 48-9-1870, 48-11-15, 48-11-90, 48-11-100, 48-11-190, 48-11-210,60-15-20, 60-15-40, 60-15-60, 60-15-70, 60-15-80, 60-15-90, 60-1-10, 60-1-30, 60-1-40, 60-1-50, 60-1-60, 60-1-70, 60-1-80, 60-1-90, 60-1-100, 60-1-110, 60-1-120, 60-1-130, 60-1-140, 60-1-150, 60-1-160, 60-1-170, 60-2-20, 60-2-30, 60-13-10, 60-13-30, 60-13-40, 51-19-10, 51-19-20, 51-1-10, 51-1-20, 51-1-30, 51-1-40, 51-1-50, 51-1-60, 51-1-70, 51-1-75, 51-1-80, 51-1-90, 51-3-10, 51-3-20, 51-3-50, 51-3-60, 51-3-70, 51-3-90, 51-3-100, 51-3-110, 51-3-120, 51-3-130, 51-3-140, 51-3-145, 51-3-147, 51-3-160, 51-7-10, 51-7-20, 51-7-30, 51-7-40, 51-7-50, 51-7-70, 51-7-80,51-7-110, 51-11-10, 51-11-15, 51-11-60, 60-11-20, 60-11-30, 60-11-40, 60-11-50, 60-11-60, 60-11-70, 60-11-80, 60-12-10, 60-12-30, 60-12-40, 60-12-50, 60-12-60, 60-12-70, 60-12-90, 24-1-10, 24-1-100, 24-1-110, 24-1-120, 24-1-130, 24-1-140, 24-1-145, 24-1-150, 24-1-160, 24-1-170, 24-1-200, 24-1-210, 24-1-220, 24-1-230, 24-1-250, 24-1-270, 24-3-20, 24-3-30, 24-3-40, 24-3-60, 24-3-70, 24-3-80, 24-3-90, 24-3-100, 24-3-110, 24-3-130, 24-3-131, 24-3-140, 24-3-150, 24-3-160, 24-3-170, 24-3-180, 24-3-190, 24-3-200, 24-3-210, 24-3-315, 24-3-320, 24-3-330, 24-3-340, 24-3-360, 24-3-380, 24-3-390, 24-3-400, 24-3-410, 24-3-510, 24-3-520, 24-3-530, 24-3-540, 24-3-550, 24-3-710, 24-3-720, 24-3-730, 24-3-740, 24-3-750, 24-3-760, 24-3-920, 24-3-950, 24-3-960, 24-3-1120, 24-3-1130, 24-3-1140, 24-3-1150, 24-3-1160, 24-3-1170, 24-3-1180, 24-3-1190, 24-3-2030, 24-3-2050, 24-3-2060, 24-7-90, 24-9-10, 24-9-20, 24-9-30, 24-11-30, 24-13-210, 24-13-230, 24-13-270, 24-13-640, 24-13-710, 24-19-10, 24-19-20, 24-19-30, 24-19-40, 24-19-60, 24-19-80, 24-19-90, 24-19-100, 24-19-110, 24-19-160, 24-21-10, 24-21-13, 24-21-14, 24-21-20, 24-21-70, 24-21-220, 24-21-221, 24-21-230, 24-21-250, 24-21-280, 24-21-290, 24-21-485, 24-21-610, 24-21-620, 24-21-645, 24-21-650, 24-21-930, 24-25-10, 24-25-20, 24-25-30, 24-25-40, 24-25-50, 24-25-60, 24-25-70, 24-25-80, 24-25-90, 20-7-3100, 20-7-3110, 20-7-3190, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3250, 20-7-3270, 20-7-3280, 20-7-3300, 20-7-3310, CHAPTER 1, TITLE 61; ARTICLES 1 AND 3, CHAPTER 3, TITLE 61; 61-3-770, 61-5-90, 61-5-100, 61-5-140, 61-5-190, 61-5-320, 61-5-360, 61-7-100, 61-9-420, 51-9-610, 61-9-810, 61-9-820, 61-9-1050, 61-13-295, 61-13-410, 61-13-460, 61-13-470, 61-13-500, 61-13-540, 61-13-810, 61-13-835, 61-13-836, 61-3-780, 61-3-790, 56-1-10, 56-1-90, 56-1-135, 56-1-190, 56-1-221, 56-1-360, 56-1-370, 56-1-390, 56-1-520, 56-1-550, 56-1-746, 56-1-800, 56-1-820, 56-1-1030, 56-1-1090, 56-1-1320, 56-1-1330, 56-1-1760, 56-3-20, 56-3-660, 56-3-910, 56-3-1330, 56-3-1370, 56-3-1710, 56-3-1950, 56-3-1971, 56-3-2020, 56-3-2020, 56-3-2420, 56-3-3710, 56-3-3950, 56-3-4910, 56-5-60, 56-5-170, 56-5-190, 56-5-330, 56-5-380, 56-5-910, 56-5-920, 56-5-930, 56-5-935, 56-5-1210, 56-5-1260, 56-5-1270, 56-5-1300, 56-5-1320, 56-5-1330, 56-5-1340, 56-5-1350, 56-5-1360, 56-5-1520, 56-5-1530, 56-5-1540, 56-5-1560, 56-5-1570, 56-5-1890, 56-5-1910, 56-5-1980, 56-5-2120, 56-5-2540, 56-5-2550, 56-5-2585, 56-5-2715, 56-5-2720, 56-5-2730, 56-5-2910, 56-5-2920, 56-5-2945, 56-5-2950, 56-5-2970, 56-5-2980, 56-5-2990, 56-5-3000, 56-5-3750, 56-5-3660, 56-5-3670, 56-5-3680, 56-5-3690, 56-5-3760, 56-5-3880, 56-5-4030, 56-5-4035, 56-5-4040, 56-5-4070, 56-5-4075, 56-5-4095, 56-5-4140, 56-5-4145, 56-5-4150, 56-5-4160, 56-5-4170, 56-5-4175, 56-5-4180, 56-5-4185, 56-5-4190, 56-5-4200, 56-5-4205, 56-5-4210, 56-5-4220, 56-5-4715, 56-5-4720, 56-5-4840, 56-5-4880, 56-5-4940, 56-5-4970, 56-5-5010, 56-5-5015, 56-5-5080, 56-5-5120, 56-5-5140, 56-5-5320, 56-5-5330, 56-5-5340, 56-5-5350, 56-5-5360, 56-5-5390, 56-5-5400, 56-5-5410, 56-5-5420, 56-5-5430, 56-5-5650, 56-5-5670, 56-5-5810, 56-5-5830, 56-5-5850, 56-5-5860, 56-5-5870, 56-5-5880, 56-5-5900, 56-5-6110, 56-5-6140, 56-5-6170, 56-5-6180, 56-5-6200, 56-5-6210, 56-5-6230, 56-5-6240, 56-5-6340, 56-7-20, 56-7-30, 56-7-40, 56-7-50, 56-7-10, 56-7-15, 56-7-80, 56-9-20, 56-9-320, 56-9-353, 56-9-363, 56-10-20, 56-10-40, 56-10-45, 56-10-210, 56-10-240, 56-10-245, 56-10-290, 56-15-340, 56-16-20, 56-16-150, 56-16-180, 56-19-10, 56-19-20, 56-19-110, 56-25-10, 56-27-10, 56-29-50, 56-31-50, 12-2-10; CHAPTER 4, TITLE 12; 12-36-2670, 12-7-30, 12-7-435, 12-7-1220, 12-7-1225, 12-7-1250, 12-7-1680, 12-7-1700, 12-7-2300, 12-7-2415, 12-9-130, 12-9-310, 12-16-1190, 12-16-1200, 12-21-820, 12-21-1820, 12-21-1840, 12-21-2744, 12-21-2930, 12-21-3590, 12-23-810, 12-23-815, 12-27-270, 12-27-380, 12-27-390, 12-31-20, 12-36-1710, 12-36-2670, 12-37-90, 12-37-970, 12-47-440, 12-53-10, 12-54-420; ARTICLE 1, CHAPTER 54, TITLE 12; ARTICLE 5, CHAPTER 54, TITLE 54; 57-11-30, 57-11-40, 57-11-50, 57-11-60, 57-11-70, 57-1-10, 57-1-30, 57-1-45, 57-1-50, 57-1-60, 57-1-70, 57-1-80, 57-1-90, 57-1-100, 57-1-140, 57-3-10, 57-3-20, 57-3-30, 57-3-35, 57-3-270, 57-3-420, 57-3-430, 57-3-440, 57-3-480, 57-3-610, 57-3-620, 57-3-630, 57-3-640, 57-3-650, 57-3-660, 57-3-670, 57-3-680, 57-3-690, 57-3-700, 57-3-710, 57-3-720, 57-3-730, 57-3-750, 57-3-760, 57-3-770, 57-3-1010, 57-3-1020, 57-3-1030, 57-3-1040, 57-3-1050, 57-5-10, 57-5-30, 57-5-50, 57-5-60, 57-5-70, 57-5-80, 57-5-90, 57-5-100, 57-5-110, 57-5-120, 57-5-130, 57-5-140, 57-5-150, 57-5-160, 57-5-170, 57-5-180, 57-5-190, 57-5-310, 57-5-320, 57-5-330, 57-5-340, 57-5-350, 57-5-370, 57-5-380, 57-5-540, 57-5-550, 57-5-570, 57-5-580, 57-5-590, 57-5-600, 57-5-710, 57-5-720, 57-5-730, 57-5-740, 57-5-750, 57-5-760, 57-5-770, 57-5-780, 57-5-790, 57-5-800, 57-5-810, 57-5-820, 57-5-830, 57-5-840, 57-5-860, 57-5-870, 57-5-1010, 57-5-1020, 57-5-1030, 57-5-1040, 57-5-1050, 57-5-1060, 57-5-1070, 57-5-1080, 57-5-1090, 57-5-1100, 57-5-1110, 57-5-1120, 57-5-1140, 57-5-1320, 57-5-1330, 57-5-1335, 57-5-1340, 57-5-1350, 57-5-1140, 57-5-1450, 57-5-1490, 57-5-1610, 57-5-1620, 57-5-1630, 57-5-1640, 57-5-1650, 57-5-1660, 57-5-1670, 57-5-1700, 57-7-30, 57-7-50, 57-9-10, 57-9-20, 57-11-20, 57-11-80, 57-11-210, 57-11-220, 57-11-250, 57-11-280, 57-11-400, 57-13-10, 57-13-20, 57-13-40, 57-13-50, 57-13-130, 57-15-140, 57-23-120, 57-23-210, 57-23-300, 57-23-350, 57-23-400, 57-23-420, 57-23-500, 57-23-520, 57-23-600, 57-23-620, 57-23-700, 57-23-720, 57-25-120, 57-25-140, 57-25-150, 57-25-155, 57-25-160, 57-25-170, 57-25-180, 57-25-185, 57-25-190, 57-25-195, 57-25-210, 57-25-430, 57-25-440, 57-25-460, 57-25-470, 57-25-480, 57-25-490, 57-25-640, 57-25-650, 57-25-670, 57-25-680, 57-25-690, 57-25-700, 57-27-20, 57-27-45, 57-27-50, 57-27-55, 57-27-60, 57-27-70, 57-27-80, 57-27-90, 58-19-10, 58-19-30, 58-19-40, 58-19-50, 58-19-60, 58-19-70, 58-19-80, 58-19-90, 58-19-100, 58-19-110, 58-19-120, 58-19-130, 58-19-140, 58-19-150, 58-19-160, 58-19-180, 9-1-60, 12-27-210, 12-27-380, 12-27-390, 12-27-400, 12-27-405, 12-27-430, 12-27-760, 12-27-1210, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1270, 12-27-1280, 12-27-1290, 12-27-1300, 12-27-1310, 12-27-1320, 1-11-220, 1-11-230, 1-11-240, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-340, 1-11-350, 58-19-10, CHAPTER 1, 37-1-203, 37-2-201, 37-2-305, 37-2-306, 37-3-201, 37-3-305, 37-3-306, 37-3-506, 37-4-107, 37-4-108, 37-4-111, 37-4-112, 37-4-203; PART 1, CHAPTER 6, TITLE 37, 37-6-402, 37-6-408, 37-6-411, 37-6-413, 37-6-414, 37-6-415; PART 5, CHAPTER 6, TITLE 37; PART 6, CHAPTER 6, TITLE 37, 37-9-102; CHAPTER 11, TITLE 37; CHAPTER 13, TITLE 37, 15-3-640, 16-17-445; CHAPTER 36, TITLE 34, 39-61-20, 39-61-160, 40-39-10, 40-39-20, 40-39-50, 40-39-90, 40-39-150, 40-58-20, 40-58-90, 40-58-100, 40-79-40, 41-25-110, 44-79-20, 44-79-40, 44-79-90, 44-79-100, 56-28-20, 56-28-90, 56-28-100; CHAPTER 102, TITLE 59, 16-3-1110, 16-3-1120, 16-3-1260, 16-3-1530, 16-3-1550, 20-7-5610, 20-7-5630, 20-7-5660, 20-7-5670; CHAPTER 11, TITLE 25, 1-15-10; CHAPTER 4, TITLE 17, 24-26-10, 20-7-121, 20-7-125, 20-7-128, TO ADD SECTIONS 1-11-750, 1-23-111, 1-23-315,12-43-303, 40-11-350, 40-13-300, 40-28-215, 40-45-260, 40-73-15, 41-3-610, 41-15-645, 41-43-65, 23-3-15, 57-3-615, CHAPTER 2 OF TITLE 48, 48-43-15, 49-3-35, 50-1-280, 59-67-405, 69-67-545, 41-45-15, 42-1-5, 13-3-25, 38-79-435, 42-7-15, AND ARTICLE 21 TO TITLE 44 OF CHAPTER 55, CHAPTER 2, TITLE 56, AND TO REPEAL SECTIONS 20-7-3120, 20-7-3130, 20-7-3140, 20-7-3150, 20-7-3160, 20-7-3170, 20-7-3180, 20-7-3200, 20-7-5810, 20-7-5820, 20-7-5830, 20-7-5840, 20-7-5850, 20-7-5860, 24-1-40, 24-1-50, 24-1-60, 24-1-70, 24-1-80, 24-1-90, 24-21-210, 42-3-20, 42-3-25, 42-3-40, 42-3-50, 42-3-60, 42-3-100, 42-3-120, 42-3-130, 42-3-140, 42-3-150, 42-3-160, 42-3-170, 44-49-30, 1-23-390, 1-23-400, 1-20-50, 60-11-40, 57-3-40, 57-3-50, 57-3-210, 57-3-215, 57-3-220, 57-3-230, 57-3-240, 57-3-250, 57-3-260, 57-3-410, 57-3-450, 57-3-460, 57-3-470, 57-3-490, 57-3-500, 57-3-510, 57-3-520, 58-19-20, 58-19-170, 61-3-780, 61-3-790, 56-1-145, 56-1-410, 56-1-830, 56-1-1390, 56-3-625, 56-5-370, 56-5-5930, 12-7-40, 12-7-50, 12-7-60, 12-7-775, 12-16-1190, 12-16-1340, 12-21-120, 12-21-700, 12-21-2490, 12-21-2500, 12-23-80, 12-27-420, 12-47-210, 12-47-220, 51-1-15, 60-13-20, 60-13-50, 60-1-20, 60-15-30, 60-15-50, 44-9-30, 23-8-10, 23-8-20, 23-8,30, 23-9-510, 23-9-520, 23-9-530, 23-43-50, 40-29-60, 40-47-570, 40-67-100, 40-77-100, 41-3-20, 41-15-600, 41-15-610, 41-15-620, 41-15-630, 41-15-640, 41-43-40, 41-43-60, 41-45-60, 23-3-60, 23-5-20, 58-3-320, 58-3-330, 58-3-340, 58-3-350, 58-3-370, 23-23-210, 23-23-220, 23-23-230, 23-23-240, 23-23-250, 23-23-260, 61-5-140,44-6-20, 44-6-60, 44-6-65, 44-6-100, 44-6-110, 44-6-130, 44-61-150, 20-7-2308, 20-7-2309, 20-7-2327, 20-7-2335, 20-7-2337, 20-7-2365, 20-7-2950, 59-49-20, 59-49-30, 59-49-40, 59-49-60, 59-49-90, 59-49-120, ARTICLES 13 AND 15 OF TITLE 48, 49-3-20, 49-3-30, 49-7-20, 49-7-30, 49-7-40, 49-7-50, 42-17-50, 42-9-380, 38-3-90, 38-3-50, 38-3-20, 38-3-30, 13-3-130, 13-3-40, 13-3-50, 13-3-60, 55-5-250, 55-5-40, 55-1-15, 20-7-5620, 20-7-5680, 46-5-10, 50-1-280, AND CHAPTER 5 OF TITLE 12, SO AS TO REVISE THEM IN CONFORMITY WITH THE ABOVE PROVISIONS.
Rep. McELVEEN further raised the Point of Order that the full text of each Section refer to the title and be set forth with indications of what was being amended.
The SPEAKER stated that it was set forth in the title now.
Rep. McELVEEN stated that every bill shall give the full text of the Section or clearly identifiable subdivisions of the section as it would read.
The SPEAKER stated that the bill as it was introduced by the authors did not propose an amendment and that the Point had been raised to correct the title because of germaneness under paragraph 2 of Rule 5.2 and that it had been done. He further stated that the Bill was what the House would consider and that every amendment would have to comply with Rule 5.2.
Rep. McELVEEN, citing the third paragraph of Rule 5.2, stated that if the title referred to the amendment of Bills, then the actual section to be amended must be set forth in full with the indication of what was being changed.
The SPEAKER stated that this was done only if the authors had proposed to amend those sections in the Bill and they did not and he overruled the Point of Order.
Reps. SHEHEEN, HODGES, BOAN, WILKINS and JENNINGS proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\CYY\15265SD.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting the text of H. 3611, beginning with Section 1. However, the printing of this amendment will be waived (Rule 5.14) at the end of its debate:
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. McELVEEN spoke upon the amendment.
Rep. McELVEEN spoke upon the amendment.
Rep. CANTY spoke against the amendment.
Rep. CANTY spoke against the amendment.
Rep. McLEOD spoke against the amendment.
Rep. NEAL spoke against the amendment.
On motion of Rep. COBB-HUNTER, Rep. NEAL's remarks were ordered printed in the Journal as follows:
"When I was elected to represent the people of House District 70, I never imagined that in my first three months of holding public office I would be called upon to cast a vote to reorganize a government that has functioned in its present structure since 1895. I never dreamed that I would seek to be recognized on an issue of this magnitude. I was cautioned by members of this Body than an old adage my grandmother employed about children being seen and not heard as being equally applicable to freshmen legislators as well. However, I cannot be silent. House Bill 3611 is over 2,000 pages long. It merges service functions of agencies the people of House District 70 rely on and have expressed no dissatisfaction with. State Commissions comprised of citizens with great racial and gender diversity are dissolved and replaced with a political appointee. Local Boards with an ever broader spectrum of participation are made advisory only. It is true that reorganization will change the face of state government, but will this transformation broaden the rainbow of participation or bleach it? I believe that I owe it to the people who elected me to office to examine closely the ramifications of this bill. My goal in reorganizing state government is to provide greater accessibility, more accountability and responsiveness to the needs of our people. To date, my understanding of this matter comes from a bill summary and an explanation from some of the authors of this bill. I respect the Speaker, the Chairmen of the House Ways and Means Committee and the Judiciary Committee, however, I do not believe it is reasonable to ask that those of us who do not serve on the Ways and Means Committee and Judiciary Committee to consider a matter of this consequence without first reading and digesting this document. My grandmother also cautioned me of buying a pig in a polk. With all due respect to the leadership of the House I was not elected to serve them but the people of House District 70. I would like to study this bill before debating it."
The SPEAKER granted Rep. HARRISON a leave of absence.
Rep. SCOTT spoke against the amendment.
Rep. G. BROWN spoke against the amendment.
Rep. G. BROWN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, J. Baker Barber Boan Carnell Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Felder Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harris, P. Harwell Haskins Hodges Holt Huff Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McTeer Meacham Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Wilder, D. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, J. Byrd Canty Cobb-Hunter Harrelson Harvin Hines Houck Inabinett Kennedy Keyserling McElveen McLeod McMahand Moody-Lawrence Neal Stoddard Waites Whipper White Wilkes Williams
So, the amendment was adopted.
I voted against the adoption of Amendment #1, H. 3546 because I would like to have time to read this 2556 page before voting on it. I support restructuring, but cannot vote on something this important without having first read it.
Rep. CANDY WAITES
Rep. McTEER moved to Waive Rule 5.14 on Amendment 1A.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Baker Barber Beatty Boan Breeland Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Graham Harrell Harrelson Harris, J. Harris, P. Harwell Haskins Hines Hodges Holt Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stone Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Wilder, D. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Canty
So, Rule 5.14 was waived.
Rep. CARNELL moved to suspend Rule 5.19A.
Rep. SHEHEEN spoke against the motion.
Rep. McELVEEN spoke in favor of the motion.
Rep. FELDER was recognized.
Rep. HASKINS raised the Point of Order that debating this motion was out of order in that House Rules did not speak to the question of whether the motion to limit the time of debate itself would be debatable and that Mason's, under Section 358 on page 257, Subsection 1, stated that motions that are ordered to limit or to extend the limits of debate are undebatable and to permit debate on these motions would defeat their purpose.
Rep. SHEHEEN argued contra the Point in stating that under Rule 8.11 (a), that it was within the discretion of the Speaker to allow short remarks concerning the undebatable motions. He further stated that short remarks on both sides should be allowed and that it would fit in those same motions that the House amended 8.11 (a).
Rep. HASKINS stated that the motion to limit debate was not one of the motions listed under Rule 8.11 which would allow the short remarks as the Speaker may permit. He further stated that if the Speaker ruled that it should be treated the same, then only brief remarks should be allowed.
SPEAKER Pro Tempore WILKINS stated that since members had already spoken on the motion that he would allow it to continue and that only brief remarks would be allowed and that they must pertain to the motion to suspend Rule 5.19 and he overruled the Point of Order.
Rep. FELDER spoke in favor of the motion.
Rep. McLEOD raised the Point of Order that the Bill was out of order in compliance with Rule 4.3 in that it was referred to the wrong committee.
Rep. SHEHEEN argued contra the Point in stating that the Point came too late in that the Point had to be raised when the Bill was read across the desk and referred to the Committee and once it had been referred to the Committee, then the subject matter jurisdiction was taken care of.
SPEAKER Pro Tempore WILKINS stated that the Speaker had wide latitude in referring bills to Committee and that the Point did come too late and he overruled the Point of Order.
Rep. McLEOD inquired about the Bill and when it was referred to the Judiciary Committee.
SPEAKER Pro Tempore WILKINS stated that the Bill under debate now was referred by the Speaker to the Judiciary Committee and it was recalled on the floor of the House on Monday.
Rep. JENNINGS moved to table the motion to suspend Rule 5.19A.
The motion to table was agreed to by a division vote of 72 to 45.
Rep. SCOTT moved that the House recede until 2:00 P.M., which was rejected by a division vote of 48 to 60.
The SPEAKER Pro Tempore granted Rep. STURKIE a leave of absence.
Rep. G. BROWN moved that the House recede until 2:05 P.M., which was rejected by a division vote of 50 to 53.
Rep. KIRSH moved to waive Rule 6.1, which was rejected.
Amendments 1 through 13 were passed over with unanimous consent.
Rep. CROMER proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\436\11082AC.93).
Amend the bill, as and if amended,
by deleting SECTION 27 and inserting:
/SECTION 27. This act takes effect July 1, 1994./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. CROMER moved to pass over Amendment No. 14.
Rep. BOAN moved to table the motion.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Askins Bailey, J. Baker Barber Boan Breeland Carnell Cato Chamblee Clyborne Cooper Davenport Delleney Elliott Felder Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harris, P. Haskins Hodges Huff Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McAbee McCraw McKay McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Richardson Riser Robinson Rogers Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stone Stuart Thomas Townsend Trotter Tucker Vaughn Walker Wells Whipper Wilder, D. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Anderson Beatty Brown, G. Canty Cobb-Hunter Cromer Fair Farr Harrelson Hines Houck Inabinett Kennedy Keyserling Mattos McElveen McLeod McMahand Neal Rudnick Spearman Waites White Wilkes Williams
So, the motion to pass over Amendment No. 14 was tabled.
Rep. CROMER explained the amendment.
Rep. G. BROWN raised the Point of Order that 1:00 P.M. having arrived, the House should stand in recess until 2:15 P.M. in accordance with Rule 6.1.
SPEAKER Pro Tempore WILKINS sustained the Point of Order.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 14.
At 2:15 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 Bill, the pending question being the consideration of Amendment No. 14.
H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO RESTRUCTURE THE EXECUTIVE BRANCH BY REORGANIZING DEPARTMENTS. (Abbreviated Title)
Debate was resumed on Amendment No. 14, by Rep CROMER.
Rep. McELVEEN spoke in favor of the amendment.
Rep. HODGES 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:
Allison Bailey, J. Baker Boan Clyborne Davenport Delleney Elliott Fair Gonzales Govan Graham Hallman Harrell Harris, J. Harris, P. Harwell Hodges Houck Huff Hutson Jennings Kinon Kirsh Klauber Lanford Littlejohn Marchbanks Martin McAbee McCraw McKay McTeer Meacham Quinn Rhoad Richardson Riser Rogers Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stone Stuart Thomas Trotter Tucker Walker Wells White Wilkins Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Anderson Barber Beatty Breeland Brown, G. Brown, J. Canty Chamblee Cobb-Hunter Cromer Farr Harrelson Holt Inabinett Keegan Kelley Kennedy Keyserling Law McElveen McLeod McMahand Rudnick Spearman Stoddard Waites Wilder, D. Wilkes Williams
So, the amendment was tabled.
Rep. HARRELSON proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\DKA\4353AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 1. Department of State Government -- General Provisions. To require that all persons appointed by the Governor or elected by the General Assembly, except members of the Judiciary, may be removed by the appointing or electing authority for legal cause.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. HARRELSON explained the amendment.
Rep. HODGES moved to table the amendment, which was agreed to by a division vote of 64 to 28.
Rep. HARRELSON proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\CYY\15254SD.93), which was adopted.
Amend the bill, as and if amended, in Section 1 by adding a new Section 1-30-11 immediately following Section 1-30-10 to read:
/Section 1-30-11. No person may be appointed as director of a department created in Section 1-30-10 or to an administrative law judgeship created in Section 1-23-510 if that person, a member of his immediate family, or an entity or business in which he has majority control has contributed after July 1, 1993, individually or in combination, more than a total of one thousand dollars to the most recent campaign of the Governor who will act as his appointing authority for such offices./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. HARRELSON explained the amendment.
Rep. McELVEEN spoke in favor of the amendment.
Rep. CROMER spoke in favor of the amendment.
Rep. G. BROWN spoke in favor of 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:
Bailey, J. Boan Gonzales Graham Harris, P. Haskins Hodges Huff Jennings Littlejohn Marchbanks Martin McCraw Robinson Rogers Sharpe Trotter Tucker Wilkins Witherspoon
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Baker Barber Beatty Breeland Brown, G. Brown, H. Brown, J. Canty Carnell Cato Clyborne Cobb-Hunter Cooper Cromer Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Govan Hallman Harrell Harrelson Harris, J. Harwell Hines Holt Houck Hutson Inabinett Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Mattos McAbee McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilkes Williams Wofford Worley Young, A. Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. HARRELSON proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\DKA\4351AL.93), which was tabled.
Amend the bill, as and if amended, by making the Law Enforcement Department an independent agency under the control of the Law Enforcement Commission. The Law Enforcement Commission is created and composed of three members, two of whom are elected by the General Assembly and must have at least five years of law enforcement or prosecutional experience. The remaining member is appointed by the Governor. The terms of the members are four years and the term of the Governor's appointee is coterminous with the Governor appointing. The Attorney General is a nonvoting ex officio member of the commission.
The commission is responsible for overseeing and administering the department through a director selected by the commission to serve for five years. The director may be removed upon indictment, legal cause, or physical or mental incapacity.
Within the department there must be a Division of Internal Affairs responsible for investigating and reporting alleged misconduct within the department. The head of this division reports to the director and any disciplinary action recommended against a law enforcement officer must be reviewed by the commission within thirty days. If no review is requested by the officer or the department, it becomes final. An investigation of the director for misconduct must be initiated by the Division of Internal Affairs and reported directly to the commission. The department shall promulgate policies and procedures for conducting investigations, hearings, and disciplinary action.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. HARRELSON explained the amendment.
Rep. HARRELSON continued speaking.
Rep. A. YOUNG 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, T.C. Allison Bailey, J. Baker Barber Boan Brown, H. Cato Clyborne Cooper Cromer Delleney Elliott Fair Farr Gamble Gonzales Graham Hallman Harrell Harris, J. Harwell Haskins Hodges Holt Houck Huff Hutson Jennings Keegan Kinon Kirsh Klauber Koon Littlejohn Marchbanks Martin McCraw McKay Meacham Richardson Riser Robinson Rogers Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Sturkie Thomas Trotter Tucker Vaughn Walker Wells Wilder, D. Wilkins Witherspoon Wofford Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Anderson Beatty Breeland Brown, G. Brown, J. Canty Carnell Chamblee Cobb-Hunter Davenport Harrelson Harris, P. Hines Inabinett Kennedy Keyserling Lanford Law Mattos McElveen McLeod McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Rudnick Scott Snow Spearman Stille Stoddard Townsend Waites Waldrop Whipper White Wilkes Williams Worley
So, the amendment was tabled.
Rep. HARRELSON proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\DKA\4352AL.93), which was tabled.
Amend the bill, as and if amended, Law Enforcement Department, by requiring that the present chief of the South Carolina Law Enforcement Division (SLED) must be offered the first appointment as director of the department.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. HARRELSON explained the amendment.
Rep. JENNINGS moved to table the amendment, which was agreed to.
Reps. RUDNICK, SCOTT, SNOW and BYRD proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\N05\8948SD.93), which was ruled out of order.
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION __. Title 2 of the 1976 Code is amended by adding:
Section 2-8-10. This chapter may be cited as the Initiative Petition Act.
Section 2-8-20. As provided under Article XVII of the Constitution of this State, qualified electors, by joining in a petition to be filed in the office of the State Election Commission, may initiate a desired statutory law or constitutional amendment and cause the same to be submitted to the qualified electors of this State at the next general election.
Section 2-8-30. (A) No measure that relates to religion, religious practices, or religious institutions; or to the appointment, qualification, tenure, removal, recall, or compensation of judges, or to the reversal of a judicial decision; or to the powers, creation, or abolition of courts; or the operation of which is restricted to a particular municipality or other political division; or state appropriations may be proposed by an initiative petition. However, if a law approved by the people is not repealed, the General Assembly shall appropriate the money necessary to implement the law.
(B) No measure that relates to more than one subject may be proposed by an initiative petition.
Section 2-8-40. (A) Before circulating a petition proposing a statutory law or a constitutional amendment, an application, developed by the State Election Commission, along with five certified copies must be filed in the office of the State Election Commission. The application must be signed by no fewer than five qualified electors, hereinafter designated as 'sponsors'. Each sponsor shall sign the application, provide his complete address, precinct, and voter registration number, and shall acknowledge his signature under oath before an officer competent to administer oaths. No additional sponsors may be added after the original application is filed. The application must include a copy of the petition that sets forth a full and correct copy of the proposed measure.
(B) The State Election Commission shall certify whether or not the measure in an application filed pursuant to subsection (A):
(1) is in proper form as to text and title for submission to the people;
(2) is not, either affirmatively or negatively, substantially the same as any measure which has been qualified for submission or submitted to the people at the preceding statewide general election;
(3) relates to only one subject; and
(4) relates to a subject not excluded pursuant to Section 2-8-30.
(C) If the application meets the requirements of subsection (A) of this section and the commission certifies that the proposed measure meets the requirements of subsection (B) of this section, the commission shall approve the application.
(D) The commission shall provide blanks for the use of subsequent signers and shall print at the top of each blank a fair, concise summary of the proposed measure. The summary of both a statutory law and a constitutional amendment must be prepared by the State Constitutional Ballot Commission. If the measure is placed on the ballot, the summary from the petition must also appear on the ballot.
(E) After an application is approved, the State Election Commission shall, within ten days, furnish a certified copy of the petition to each sponsor. No blank may be circulated for signatures unless it is attached to a certified petition copy.
(F) Upon receipt of certified petition copies, the sponsors shall circulate and obtain all signatures on the initiative petition blanks within six months. A signature obtained more than six months before the filing date is invalid.
Section 2-8-50. (A) A valid signature on the initiative petition must include the name, complete address, precinct, and voter registration number of the signer, and the date of the signature.
(B) No signature on a petition is valid unless it is made in the presence of a sponsor. Each separate sheet of the petition containing signatures must be verified on the back by the sponsor in whose presence the sheets were signed.
Section 2-8-60. (A) Each initiative petition, when signed and verified as provided in this chapter, must be delivered at least one hundred eighty days before any general election to the State Election Commission so that the commission may determine whether the petition conforms to the requirements of this chapter.
(B) The State Election Commission shall check all of the names of the signers against official voter registration lists and certify on the petition whether or not each name is that of a qualified elector. The number of names appearing on each verified petition copy that are certified as qualified electors must be counted. If the number of names properly signed, verified, and certified equals or exceeds ten percent of the qualified electors eligible to vote at the last general election as required by Article XVII of the Constitution of this State, the State Election Commission shall mark the petition as sufficient. If the number of names properly signed, verified, and certified does not equal or exceed the ten percent of the qualified electors eligible to vote at the last general election as required by Article XVII of the Constitution of this State, the State Election Commission shall mark the petition as insufficient. The State Election Commission shall notify any one of the petition's sponsors of its finding.
Section 2-8-70. If the State Election Commission determines that the petition meets the requirements of this chapter and declares the petition sufficient, the commission shall submit the proposed law or constitutional amendment to the qualified electors of this State at the next general election.
Section 2-8-80. (A) A proposed statutory law or constitutional amendment submitted to the people by initiative that is approved by a majority of the qualified electors voting on the proposed law or constitutional amendment becomes a statutory law of this State or a part of the Constitution on July first following the general election. The State Election Commission shall certify the results to the Code Commissioner who shall assign the statutory law or constitutional amendment to an appropriate place in the code of laws or the Constitution.
(B) No statutory law or constitutional amendment adopted by the people is subject to veto by the Governor.
(C) A statutory law approved by the people pursuant to this chapter may be amended or repealed by the General Assembly after it takes effect. A constitutional amendment approved by the people pursuant to this chapter may be amended or repealed in the manner provided in this chapter or as provided in Article XVI of the Constitution of this State.
(D) If provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail.
Section 2-8-90. (A) Within ten days of certification by the Board of State Canvassers of the general election's results in which a proposed law or constitutional amendment is submitted to the people by initiative, a qualified elector who signed the petition to submit the measure may appeal the election's results to the State Election Commission.
(B) A defeated initiative may not be resubmitted to the qualified electors of this State within four years of the general election in which the initiative was defeated.
Section 2-8-100. Every person who is a qualified elector of this State may sign a petition for the initiation of any measure upon which he is legally entitled to vote. A person signing a name other than his own to a petition, or knowingly signing his name more than once for the same measure at one election, or who is not at the time he signs the petition a qualified elector of this State, or an officer or person who knowingly and wilfully violates a provision of this chapter, is guilty of a misdemeanor, and, upon conviction, must be punished by a fine of not more than one thousand dollars or by imprisonment for not more than ninety days, or both."/
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 21 was out of order as it was not germane.
Rep. RUDNICK argued contra the Point in stating that it was germane in that it certainly had to do with the way the House was going about the changing of government in that it dealt with initiative.
Rep. McELVEEN stated that it would be germane in that this was a Bill in which undertakes restructuring of government and leaves almost no part of government untouched and that it would be difficult to say that anything was not germane if it dealt with the structure of state government.
The SPEAKER stated that the amendment was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. McABEE proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\CYY\15247SD.93), which was tabled.
Amend the bill, as and if amended, by returning the law enforcement department of the Public Service Commission, made a part of the Law Enforcement Department in Section 14, to the Public Service Commission which is a separate and independent entity.
Amend the bill further, as and if amended, by devolving the duties, functions, and personnel of the size and weight division of the South Carolina Highway Patrol, made a part of the Law Enforcement Department in Section 14, upon the Public Service Commission.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. SHEHEEN spoke against the amendment.
Reps. McLEOD and G. BROWN spoke in favor of the amendment.
Rep. SHEHEEN moved to table the amendment, which was agreed to by a division vote of 70 to 40.
Reps. CROMER and RUDNICK proposed the following Amendment No. 28 (Doc Name L:\council\legis\amend\BBM\10330AC.93), which was tabled.
Amend the bill, as and if amended,
by deleting beginning on page 20, lines 31-40, Section 1-30-10(G), as contained in SECTION 1 of the bill, Departments of State Government, and inserting:
/(G) Notwithstanding the provisions of (B) and (C) of this section, the Department of Agriculture and the Department of Education must be headed by the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State; the Law Enforcement Department shall be headed by a chief to be appointed and serve pursuant to the provisions of Section 23-3-10, et seq.; and the Department of Insurance must be headed by the Insurance Commissioner who must be elected pursuant to Section 38-3-102./
Amend further SECTION 13, Department of Insurance, by adding an appropriately numbered item to read:
/( ) The 1976 Code is amended by adding:
"Section 38-3-102. (A) The Chief Insurance Commissioner must be elected by the qualified electors of the State in the general election. He may succeed himself in the office. His term begins at noon on the first Wednesday following the second Tuesday in January next after his election and ends at noon on the first Wednesday following the second Tuesday in January four years later.
(B) The commissioner is not subject to the State Employee Grievance Committee nor any internal grievance procedure established by the Department of Insurance. He shall receive an annual salary provided by law. He must be at least thirty years of age. He may not hold another public office while serving as commissioner but shall devote all of his working time to the duties of his office as provided by law. No candidate for or person elected to the office of commissioner may accept campaign contributions or anything of value, direct or indirect, from insurance companies regulated by the commission or their subsidiaries including, but not limited to, employees and their immediate families. Before taking the oath of office he shall sever all connections, either direct or indirect, except as a policyholder, with an insurance company or agency and shall maintain the severance during his tenure of office. If he becomes a candidate for another public office or becomes a member of a political committee during tenure, his office as commissioner must be vacated immediately.
(C) A vacancy in the office of commissioner must be filled by the Insurance Commission of South Carolina for the unexpired portion of the term.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions."/
Renumber sections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. RICHARDSON spoke against the amendment.
Rep. RUDNICK spoke in favor of the amendment.
Rep. RICHARDSON spoke against the amendment.
Rep. T.C. ALEXANDER spoke against 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. Allison Bailey, G. Bailey, J. Baker Boan Brown, H. Cato Clyborne Cooper Davenport Delleney Elliott Fair Felder Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hodges Holt Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Littlejohn Marchbanks McKay McLeod McTeer Meacham Moody-Lawrence Phillips Quinn Rhoad Richardson Riser Robinson Sharpe Sheheen Shissias Simrill Smith, R. Stille Stone Stuart Thomas Trotter Tucker Vaughn Waites Walker Wells Whipper Wilkes Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, J. Canty Carnell Chamblee Cobb-Hunter Cromer Farr Harrelson Hines Inabinett Kennedy Law Martin McAbee McCraw Neal Neilson Rudnick Scott Smith, D. Snow Spearman Stoddard Townsend White Wilder, D. Williams Worley
So, the amendment was tabled.
Rep. DAVENPORT proposed the following Amendment No. 30 (Doc Name L:\council\legis\amend\CYY\15252SD.93), which was adopted.
Amend the bill, as and if amended, in subsection (B) of Section 1-30-10 of the 1976 Code as contained in Section 1 by adding at the end thereof the following:
/The Governor in making the appointments provided by this section shall endeavor to appoint individuals who have demonstrated exemplary managerial skills which have been applied in either the public or private sectors./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. RUDNICK raised the Point of Order that Amendment No. 30 was out of order as it was not germane in that it was already in the first part of the Bill.
SPEAKER Pro Tempore WILKINS stated that it was germane in that it did not refer to managerial skills and it might be placing a different section of the amendment that had already been adopted and he overruled the Point of Order.
Rep. DAVENPORT continued speaking.
The amendment was then adopted.
Reps. COBB-HUNTER, BEATTY, SCOTT and WHITE proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\DKA\4350AL.93).
Amend the bill, as and if amended, Section 1-30-10(E), SECTION 1, to read:
/(E) A department director or constitutional officer may appoint deputy directors to head the divisions of their department, with each deputy director managing one or more of the divisions. In making the appointments, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. Deputy directors serve at the will and pleasure of the director. The deputy director of the division is vested with the duty of overseeing, managing, and controlling operation and administration of the division under the direction and control of the department director and performing other duties as delegated by the director./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. HODGES moved to adjourn debate upon the amendment, which was adopted.
Reps. BEATTY, WHITE, WHIPPER, CANTY and BYRD proposed the following Amendment No. 41 (Doc Name L:\council\legis\amend\DKA\4340AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 19. Department of Rehabilitation and Corrections, by moving all functions relating to Youth Services to SECTION 10. Department of Family Services as a separate division.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. BEATTY explained the amendment.
Rep. WHIPPER spoke in favor of the amendment.
Rep. HARWELL spoke in favor of the amendment.
Reps. ROGERS and WAITES spoke against the amendment.
Rep. WHIPPER spoke in favor of the amendment.
The SPEAKER Pro Tempore granted Rep. DAVENPORT a leave of absence for the remainder of the day.
Rep. JENNINGS spoke against the amendment.
The SPEAKER Pro Tempore granted Reps. BREELAND and GOVAN a leave of absence for the remainder of the day.
Rep. JENNINGS continued speaking.
The SPEAKER Pro Tempore granted Rep. WALDROP a leave of absence for the remainder of the day.
Rep. HARWELL spoke in favor of the amendment.
Rep. HARWELL continued speaking.
Reps. HARRELSON and SCOTT spoke in favor of the amendment.
Rep. HODGES moved to table the amendment.
Rep. J. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey, J. Baker Barber Boan Brown, H. Cato Chamblee Clyborne Cooper Cromer Delleney Elliott Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harris, P. Harrison Haskins Hodges Holt Huff Hutson Jaskwhich Jennings Keegan Kelley Kirsh Klauber Koon Law Littlejohn Marchbanks Martin McCraw McKay Meacham Phillips Riser Robinson Rogers Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Thomas Trotter Tucker Vaughn Walker Wells Wilkins Witherspoon Wofford Worley Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Beatty Brown, G. Brown, J. Canty Carnell Cobb-Hunter Farr Harrelson Harvin Harwell Hines Houck Inabinett Kennedy Keyserling Kinon Mattos McAbee McElveen McLeod McMahand McTeer Moody-Lawrence Neal Neilson Quinn Rhoad Richardson Rudnick Scott Sharpe Spearman Stille Townsend Waites Whipper White Wilder, D. Wilkes Williams Wright
So, the amendment was tabled.
Rep. McLEOD 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 Beatty Brown, G. Carnell Chamblee Cobb-Hunter Harrelson Harris, P. Harvin Inabinett McAbee McLeod Neal Riser Stille Townsend Waites Whipper White Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, J. Baker Boan Brown, H. Brown, J. Cato Clyborne Cooper Cromer Delleney Elliott Farr Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Harwell Hodges Holt Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Mattos McCraw McKay McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stone Stuart Thomas Trotter Tucker Vaughn Walker Wells Wilder, D. Wilkins Witherspoon Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Reps. RUDNICK, SCOTT and CROMER proposed the following Amendment No. 44 (Doc Name L:\council\legis\amend\N05\8959BD.93), which was ruled out of order.
Amend the bill, as and if amended, SECTION 1, DEPARTMENTS OF STATE GOVERNMENT, by adding an appropriately lettered subsection to read:
/__. 1. The 1976 Code is amended by adding to Title 8:
Section 8-29-10. As used in this chapter:
(1) 'Public office' means a position of duty, trust, or authority in the executive or legislative branches 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.
(2) 'Political subdivision' means a local government unit, including, but not limited to, a county, municipal corporation, school district, or special purpose district.
(3) 'State-district' means a House of Representatives or senatorial district or a judicial circuit.
Section 8-29-20. Persons holding public office in the executive or legislative branches of state or local government may be recalled by the people as provided in this chapter.
Section 8-29-30. (A) (1) Every person holding a public office of the State or any of its political subdivisions in the executive or legislative branches of state or local government filled by a vote of qualified electors is subject to recall from the office.
(2) A public officer holding an elective office may be recalled by the qualified electors entitled to vote for his successor.
(3) 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 any act that, if performed, would subject him to prosecution for official misconduct.
Section 8-29-40. The recall is cumulative and additional to, rather than a substitute for, other methods for removal of public officers.
Section 8-29-50. (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 Section 8-29-70 apply only to persons registered in the appropriate election district.
Section 8-29-60. (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 Section 8-29-100(C), 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 two years during his term of office unless the State or political subdivision financing the recall election is reimbursed first for all expenses of the preceding recall election.
Section 8-29-70. 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.
Section 8-29-80. (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 any petition for recall with the proper number of signatures of qualified electors, an elector within ten days after the refusal may 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 originally it was 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) Any aggrieved party may file an appeal within ten days after any adverse order or decision as provided by law.
Section 8-29-90. (A) The form of the recall petition must be 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 (name of appropriate political subdivision and appropriate election district); and my residence and post office address are written correctly 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.
Section 8-29-100. (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 number serially all approved petitions continuously from year to year.
Section 8-29-110. (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 Section 8-29-100.
(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'.
Section 8-29-120. (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 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.
Section 8-29-130. Upon filing the petition or a portion of the petition containing the number of valid signatures required under Section 8-29-60, the official with whom it is filed immediately shall give written notice to the officer named in the petition. The notice must state that a recall petition has been filed, set forth the reasons contained in it, and 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.
Section 8-29-140. (A) If the officer named in the petition for recall submits his resignation in writing, it must be accepted and becomes 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 any officer of a political subdivision of the State.
Section 8-29-150. 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)'.
Section 8-29-160. 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.
Section 8-29-170. (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.
Section 8-29-180. 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.
Section 8-29-190. The officer named in the recall petition continues in office until he resigns or the results of the recall election officially are 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."
2. This subsection takes effect when the Constitution is amended to authorize the provisions of the subsection./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 44 was out of order as it was not germane.
Rep. RUDNICK argued contra the Point in stating that public officials were throughout the Bill and there was not a mechanism by which they could loose their position.
Rep. McELVEEN stated that a previous amendment adopted by the House made this amendment germane in that it deals with public officers and the election of public officers and the methods which are used to do that.
The SPEAKER stated the previous amendment adopted dealt with appointment of public officers and not the election of public officers and this amendment deals only with public officers that are filled by a vote of qualified electors for a definite term of office fixed by law. He further stated that the Bill dealt with only with those people who are hired and fired and this amendment by definition dealt with public office and defined that and he sustained the Point of Order and ruled the amendment out of order.
Reps. RUDNICK, G. BROWN and BYRD proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\N05\8955BD.93), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. South Carolina Public Service Commission. (A) Section 58-3-20 of the 1976 Code is amended to read:
"Section 58-3-20. The Public Service Commission shall be composed of seven members to be elected by the General Assembly upon nomination of the South Carolina Public Service Merit Selection Panel in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.
Each of the seven districts that were defined as congressional districts on January 1, 1930, is hereby established and declared to be a Public Service Commission district until July 1, 1982, and a Public Service Commissioner shall be elected from each of such districts; provided, however, that on July 1, 1982, the Public Service Commission shall be composed of seven members to be elected by the General Assembly upon nomination of the Public Service Merit Selection Panel from the then existing congressional districts. If the number of congressional districts is less than seven, additional members shall be elected at large to provide for a seven member commission. The General Assembly in its 1982 session shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980.
To effect an orderly transition to the nomination of members of the commission by the merit selection panel and reconstitute the commission in accordance with this section, the following transition procedures shall apply to this section:
(1) Members of the commission whose terms expire June 30, 1979, shall continue to serve as commissioners until their successors are elected and qualify in 1980 pursuant to the provisions of this chapter for terms extending until the General Assembly provides for election based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980.
(2) Members of the commission whose terms expire June 30, 1982, shall continue to serve until the expiration of their terms on that date.
(3) The initial selection of nominees by the merit selection panel and their subsequent consideration by the General Assembly under this chapter shall take place during the 1980 session of the General Assembly.
(4) Notwithstanding any other provision of this section, of those members of the commission initially elected in 1982, four members shall serve for a term of four years and three members shall serve for a term of three years as determined by lot. The commission shall notify the Secretary of State of the terms.
Each congressional district is established to be a public service commission district, and one commissioner must be elected in the general election from each district beginning with the 1994 general election. An additional member must be appointed by the Governor from the state at large. All members must be elected or appointed for terms of four years and until their successors are elected or appointed and qualify. Members must be qualified electors of the district from which they are elected and must be elected by the qualified electors of that district. Members take office on the first day of January following their election or appointment."
B. Section 58-3-30 of the 1976 Code is amended to read:
"Section 58-3-30. The commissioners shall take the oath of office provided by the Constitution and the oaths prescribed by law for State state officers. The Governor may shall fill vacancies in the office of commissioner until the successor in such office for a full term or an unexpired term, as the case may be, shall have been elected by the General Assembly by appointment for the unexpired term."
C. Notwithstanding the provisions of Section 58-3-20 of the 1976 Code, amended in subsection A, the terms of the members of the South Carolina Public Service Commission serving in office on the effective date of this section continue until January 1, 1995, at which time they must be succeeded by the members elected in the general election of 1994 and the member appointed by the Governor. Notwithstanding Section 58-3-20, the initial term of the members elected from districts one, three, and five is two years.
D. Sections 58-3-21, 58-3-22, 58-3-23, 58-3-24, and 58-3-25 of the 1976 Code are repealed./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 45 was out of order as it was not germane in that the Bill did not deal with the issue of the selection of Public Service Commissioners and the amendment attempted to deal with the selection of Public Service Commissioners.
Rep. RUDNICK argued contra the Point in stating that the entire Bill dealt with the elimination of Boards and Commissions and it also dealt with the appointment of Advisory Commissions. She further stated that if the public election of Insurance Commissioners was allowed, then this should be allowed.
Rep. HARRELSON stated that the Bill did provide for the Public Service Commission to stand alone with only part of it being removed and he inquired about whether or not it would be in order to move the Public Service Commission under one of the other umbrellas.
The SPEAKER stated that the Public Service Commission itself as an agency was not addressed in the Bill and that you did not provide for the ones that stood alone. He further stated that there was a provision which dealt with a portion of the Public Service Commission. He further stated that if you wanted to make the Public Service Commission a part of one of the agencies that was in the Bill, an umbrella agency, then it would be appropriate.
Rep. HARRELSON further inquired about the standing alone agencies and their method of selection.
The SPEAKER stated that the standing alone agencies were not enumerated in this Bill but there was one provision. He further stated that the umbrella nature of the Bill and the Public Service Commission being dealt with on page 1489 under the Law Enforcement Section and the Appeals for the Administrative Law Judges were broad enough for this amendment to stand and he overruled the Point of Order.
Rep. HODGES 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, T.C. Allison Bailey, J. Baker Boan Brown, H. Carnell Cato Chamblee Clyborne Cooper Corning Delleney Elliott Fair Fulmer Gamble Graham Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Hodges Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Law Marchbanks McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Riser Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Thomas Trotter Tucker Vaughn Waites Walker Wells Wilder, D. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Brown, G. Brown, J. Cobb-Hunter Hines Holt Kennedy Littlejohn McLeod McMahand Neal Robinson Rudnick Scott Williams
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 49 (Doc Name L:\council\legis\amend\JIC\5513HC.93), which was tabled.
Amend the bill, as and if amended, by establishing the South Carolina State Housing Finance and Development Authority, South Carolina Railroad Commission, South Carolina Research Authority, and DHEC Water and Sewer as divisions of the Department of Commerce.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. CLYBORNE moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Baker Barber Boan Brown, H. Cato Chamblee Clyborne Corning Cromer Delleney Elliott Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Haskins Hodges Houck Hutson Jaskwhich Jennings Keegan Kelley Kirsh Klauber Koon Littlejohn Marchbanks Mattos McCraw McTeer Meacham Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Sharpe Sheheen Shissias Smith, D. Smith, R. Spearman Stuart Thomas Trotter Tucker Vaughn Waites Walker Wells Wilder, D. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Beatty Brown, G. Brown, J. Canty Carnell Cobb-Hunter Harrelson Harvin Harwell Hines Holt Inabinett Kennedy Keyserling Kinon Law McAbee McLeod McMahand Moody-Lawrence Neal Rudnick Scott Stille Whipper Williams
So, the amendment was tabled.
Rep. RHOAD moved that the House do now adjourn.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barber Brown, G. Carnell Chamblee Cobb-Hunter Graham Harrelson Harris, P. Harvin Holt Keyserling Koon McAbee McElveen McLeod McMahand Rhoad Riser Rudnick Smith, D. Spearman Stille Whipper
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Boan Brown, H. Brown, J. Clyborne Cooper Corning Cromer Delleney Elliott Fair Fulmer Gamble Gonzales Hallman Harrell Harris, J. Harrison Harwell Haskins Hines Hodges Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Kinon Klauber Law Littlejohn Marchbanks McCraw McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Richardson Robinson Rogers Sheheen Shissias Smith, R. Stone Stuart Thomas Trotter Tucker Vaughn Walker Wells Wilder, D. Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
Rep. SCOTT proposed the following Amendment No. 50 (Doc Name L:\council\legis\amend\DKA\4364AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 14. Law Enforcement Department. So that the chief of the department is appointed by the Governor and his term is for four years and coterminous with the Governor appointing.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. HODGES moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Baker Barber Boan Brown, H. Chamblee Clyborne Cooper Corning Cromer Delleney Elliott Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Hodges Houck Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Martin Mattos McCraw McKay McTeer Meacham Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Sharpe Sheheen Shissias Simrill Smith, R. Stuart Thomas Trotter Tucker Vaughn Waites Walker Wells Wilder, D. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Brown, G. Brown, J. Canty Carnell Cobb-Hunter Harrelson Hines Inabinett Kennedy McAbee McLeod McMahand Moody-Lawrence Neal Rudnick Scott Spearman Stone Townsend White Williams
So, the amendment was tabled.
Rep. CANTY proposed the following Amendment No. 53 (Doc Name L:\council\legis\amend\DKA\4363AL.93).
Amend the bill, as and if amended, SECTION 1. Departments of State Government. Members of the General Assembly are prohibited from being appointed by the Governor as a director of a state department or agency while they are members of the General Assembly and for four years after leaving the General Assembly.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. CANTY explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. G. BROWN moved that the House do now adjourn.
Rep. HOLT 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. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, G. Carnell Chamblee Cobb-Hunter Harrelson Harris, P. Hines Koon McElveen McKay McLeod McMahand Rhoad Rudnick Scott Sharpe Spearman
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, J. Baker Barber Boan Brown, H. Clyborne Cooper Corning Cromer Delleney Elliott Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Harvin Harwell Holt Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Law Littlejohn Marchbanks Martin McCraw McTeer Meacham Neilson Phillips Quinn Richardson Riser Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Thomas Trotter Tucker Vaughn Walker Wells Wilder, D. Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
Rep. CANTY moved to adjourn debate upon the amendment, which was adopted.
Rep. KEYSERLING proposed the following Amendment No. 55 (Doc Name L:\council\legis\amend\436\11084AC.93), which was adopted.
Amend the bill, as and if amended,
by adding an appropriately numbered item to SECTION 1, Departments of State Government, to read:
/( ) Section 2-17-15 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
/Section 2-17-15. (A) The Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, a director or deputy director of a state agency appointed by the Governor, and a member of the immediate family of any of these public officials may not serve as a lobbyist during the time the official holds office and for one year after such public service ends.
(B) The provisions of this section apply to the Governor, the Lieutenant Governor, or any other statewide constitutional officer who is elected after December 31, 1992, or any member of the General Assembly who is elected after December 31, 1991, and any director or deputy director of a state agency appointed after June 30, 1993./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. KEYSERLING explained the amendment.
The amendment was then adopted.
Reps. KIRSH, HUFF, STONE and R. SMITH proposed the following Amendment No. 57 (Doc Name L:\council\legis\amend\CYY\15249SD.93).
Amend the bill, as and if amended, by providing that the Savannah Valley Authority shall be a division of the Department of Commerce under Section 6 with its governing board being abolished.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. KIRSH continued speaking.
Rep. SHEHEEN spoke upon the amendment.
Rep. CLYBORNE moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baker Boan Brown, H. Clyborne Gamble Hodges Hutson Jennings Keegan Kelley Littlejohn Marchbanks Quinn Smith, D. Smith, R. Stuart Thomas Tucker Vaughn Walker Wells Wilder, D. Wilkins Wofford Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Barber Beatty Brown, G. Brown, J. Canty Carnell Chamblee Cobb-Hunter Corning Cromer Delleney Fair Farr Fulmer Gonzales Hallman Harrell Harrelson Harris, J. Harrison Harwell Haskins Hines Holt Houck Inabinett Jaskwhich Kennedy Keyserling Kinon Kirsh Klauber Koon Law Martin Mattos McAbee McCraw McElveen McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Richardson Riser Robinson Rudnick Scott Sharpe Shissias Simrill Spearman Stille Stone Waites Whipper White Williams Witherspoon Worley Wright Young, R.
So, having failed to receive the necessary vote, immediate cloture was rejected.
Rep. KIRSH moved to adjourn debate upon the amendment, which was adopted.
Reps. COBB-HUNTER, BEATTY, BARBER and CARNELL proposed the following Amendment No. 58 (Doc Name L:\council\legis\amend\DKA\4347AL.93), which was tabled.
Amend the bill, as and if amended: The powers and duties vested in the South Carolina Mental Health Commission continue unaffected as an independent state agency over the Department of Mental Health. The commission shall consist of seven members: one member from each congressional district of the State and one member from the state at large appointed by the Governor. Upon nomination by the Governor, each nominee must undergo screening by the joint legislative committee pursuant to the provisions of Section 2-19-10, et seq. All remaining provisions concerning the terms, removal, and the filling of vacancies remain the same. Current members serve until their terms expire and until their successors are appointed, pursuant to this provision. Members shall receive subsistence, mileage, and per diem as currently provided by law.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Reps. CARNELL and COBB-HUNTER spoke in favor of the amendment.
Rep. CLYBORNE moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Baker Boan Brown, H. Cato Clyborne Cooper Cromer Delleney Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Haskins Hodges Holt Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Koon Law Littlejohn Marchbanks Martin Mattos McCraw McKay Meacham Phillips Quinn Richardson Riser Robinson Rogers Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Thomas Trotter Tucker Vaughn Walker Wells Wilkins Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Barber Beatty Brown, G. Brown, J. Canty Carnell Chamblee Cobb-Hunter Harrelson Harris, P. Harwell Hines Houck Inabinett Kennedy Keyserling Klauber McAbee McElveen McLeod McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Rudnick Scott Spearman Stille Townsend Waites Whipper White Wilder, D. Williams
So, the amendment was tabled.
Rep. M.O. ALEXANDER proposed the following Amendment No. 59 (Doc Name L:\council\legis\amend\BBM\10332JM.93), which was tabled.
Amend the bill, as and if amended, Volume I, Section 3 (Screening Committees), page 65, lines 6 through 25, by striking Code Section 2-19-10 and inserting:
/Section 2-19-10. (A) Whenever an election is to be held or confirmation of an appointment is to be made by the General Assembly in Joint Session, including members of the judiciary, a joint committee, composed of eight ten members, four five of whom shall be members of the House of Representatives and four five of whom shall be members of the Senate, shall be appointed, except as otherwise provided below, to consider the qualifications of the candidates. Each body shall determine how its respective members shall be selected. Provided, however, that in making appointments to the joint committee, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. Each joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it may deem desirable.
(B) Where the office to be filled is a family court, circuit court, Court of Appeals, or Supreme Court judgeship, the joint committee shall consist of:
(1) three members of the House of Representatives;
(2) three members of the Senate; and
(3) three members elected for terms of four years each by the General Assembly in Joint Session from a list of five individuals who are not legislators and who are residents of the State recommended to the General Assembly by the South Carolina Bar. Provided, however that in composing the membership of the joint committee under this subsection, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The General Assembly may reject all or a lesser number of the five individuals recommended by the Bar, in which event the Bar shall recommend such additional names as may be necessary to allow the General Assembly to elect three nonlegislator residents of the State to serve on the judicial screening committee. No person elected pursuant to this item shall be eligible for reelection. Vacancies on the committee occurring under this item must be filled in the manner of original selection./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 59 was out of order as it was not germane in that the provision that it referred to dealt only with the screening of Administrative Law Judges and that this proposed to deal with the screening of Circuit and Family Court Judges and Supreme Court Judges as well.
The SPEAKER stated that the House amended Section 2-19-10 and the amendment amended Section 2-19-10 by changing the make up of the Committee and he overruled the Point of Order.
Rep. M.O. ALEXANDER continued speaking.
Rep. BEATTY moved to table the amendment.
Rep. MATTOS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bailey, J. Baker Beatty Boan Brown, J. Carnell Clyborne Cobb-Hunter Delleney Fair Fulmer Gamble Gonzales Hallman Harrell Harrelson Harrison Harwell Haskins Hodges Holt Hutson Jennings Kennedy Kinon Kirsh Klauber Law Littlejohn Marchbanks Martin McMahand McTeer Meacham Moody-Lawrence Neal Quinn Riser Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Thomas Townsend Trotter Tucker Walker Wells White Wilkins Williams Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Barber Brown, G. Brown, H. Canty Cato Chamblee Cooper Corning Cromer Farr Graham Harris, J. Harris, P. Hines Houck Inabinett Jaskwhich Keegan Kelley Keyserling Koon Mattos McCraw McElveen McLeod Neilson Phillips Richardson Sharpe Smith, D. Stone Vaughn Waites Wilder, D. Witherspoon Wofford
So, the amendment was tabled.
Rep. G. BROWN moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Beatty Brown, G. Brown, J. Canty Carnell Chamblee Cobb-Hunter Harris, P. Hines Keyserling Koon McAbee McElveen McLeod McMahand Neal Riser Robinson Rudnick Scott Spearman Stille Stone Townsend Waites Whipper White
Those who voted in the negative are:
Alexander, T.C. Allison Baker Boan Brown, H. Cato Clyborne Cromer Delleney Fair Farr Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Harwell Haskins Hodges Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Law Littlejohn Marchbanks McKay McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Richardson Rogers Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stuart Thomas Trotter Tucker Vaughn Walker Wells Wilder, D. Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
Rep. KIRSH proposed the following Amendment No. 61 (Doc Name L:\council\legis\amend\DKA\4373SD.93), which was tabled.
Amend the bill, as and if amended, SECTION 18. Department of Parks, Tourism and Cultural Affairs. By providing that the Old Exchange Building Commission be removed from independent status and made a division of the department with its governing commission being abolished.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. J. BAILEY spoke against the amendment.
The SPEAKER granted Rep. CHAMBLEE a leave of absence for the remainder of the day.
Rep. J. BAILEY continued speaking.
Rep. GONZALES spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. HOLT spoke against the amendment and moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Bailey, J. Baker Barber Brown, H. Brown, J. Carnell Cato Cooper Cromer Delleney Farr Fulmer Gamble Gonzales Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Houck Hutson Inabinett Jaskwhich Kennedy Kinon Klauber Koon Law Martin McAbee McMahand Meacham Neilson Phillips Quinn Richardson Riser Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stuart Thomas Townsend Trotter Tucker Vaughn Whipper White Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Allison Boan Corning Fair Keegan Kelley Keyserling Kirsh Littlejohn Marchbanks McTeer Moody-Lawrence Robinson Rudnick Stille Stone Walker Wilder, D.
So, the amendment was tabled.
Rep. HASKINS moved that when the House adjourns it adjourn to meet at 9:00 A.M. tomorrow, which was not agreed to.
Rep. KIRSH proposed the following Amendment No. 63 (Doc Name L:\council\legis\amend\DKA\4372SD.93), which was tabled.
Amend the bill, as and if amended, SECTION 9. Department of Environmental Regulation. By providing that the Sea Grant Consortium be removed from independent status and made a division of the department with its governing board being abolished.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. GONZALES spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. HOLT moved to table the amendment, which was agreed to.
Rep. HODGES proposed the following Amendment No. 64 (Doc Name L:\council\legis\amend\WWW\30014DW.93), which was adopted.
Amend the bill, as and if amended,
By transferring the Division of Public Railways from the Department of Transportation, as contained in SECTION 21 to the Department of Commerce, as contained in SECTION 6, as a division of the department.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Reps. RUDNICK, HARRELSON, SNOW, SPEARMAN and BEATTY proposed the following Amendment No. 65 (Doc Name L:\council\legis\amend\N05\8960BD.93), which was tabled.
Amend the bill, as and if amended, SECTION 25, OFFICE OF INDIGENT DEFENSE, Section 17-4-110, by adding at the end:
/The appropriation for defense provided in this section must be from state funds and not county, municipal, or other local funds./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 65 was out of order as it was not germane.
The SPEAKER stated that it was germane as it related to the provision on page 2553 of the Bill and he overruled the Point of Order.
Rep. RUDNICK continued speaking.
Rep. HODGES spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 74 to 7.
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:
Carnell Holt Keyserling Koon McAbee McElveen McKay Stille Townsend
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Boan Brown, H. Cato Clyborne Cobb-Hunter Cooper Corning Cromer Delleney Fair Farr Fulmer Gamble Gonzales Graham Harrell Harrelson Harris, J. Harrison Harvin Harwell Haskins Hines Hodges Houck Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Law Littlejohn Marchbanks Martin McCraw McMahand McTeer Meacham Neal Neilson Phillips Quinn Richardson Riser Robinson Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stone Stuart Thomas Trotter Tucker Vaughn Walker Wells Wilder, D. Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. McABEE proposed the following Amendment No. 66 (Doc Name L:\council\legis\amend\DKA\4368SD.93), which was adopted.
Amend the bill, as and if amended, SECTION 18. Department of Parks, Tourism and Cultural Affairs. By changing the name of the Department of Parks, Tourism and Cultural Affairs to the Department of Tourism, Recreation and Cultural Resources.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. KEYSERLING proposed the following Amendment No. 67 (Doc Name L:\council\legis\amend\436\11089AC), which was tabled.
Amend the bill, as and if amended,
SECTION 1, Departments of State Government, by adding at the end of Section 1-30-10 on page 21, line 13:
/(I) Department directors and constitutional officers must submit to the General Assembly by the first day of the 1994 legislative session and every five years thereafter a mission statement and organizational structure that must be approved by the General Assembly by joint resolution./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. KEYSERLING explained the amendment.
The SPEAKER granted Rep. SPEARMAN a temporary leave of absence.
Rep. WILKINS moved to table the amendment, which was agreed to by a division vote of 51 to 29.
Rep. CARNELL proposed the following Amendment No. 68 (Doc Name L:\council\legis\amend\N05\8947SD.93), which was tabled.
Amend the bill, as and if amended, by adding a new subsection to SECTION 3 to be appropriately numbered to read:
/( )(1) Section 58-3-20 of the 1976 Code is amended to read:
"Section 58-3-20. The Public Service Commission shall be is composed of seven members to be elected by the General Assembly upon nomination of the South Carolina Public Service Merit Selection Panel , one from each congressional district, in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.
Each of the seven districts that were defined as congressional districts on January 1, 1930, is hereby established and declared to be a Public Service Commission district until July 1, 1982, and a Public Service Commissioner shall be elected from each of such districts; provided, however, that on July 1, 1982, the Public Service Commission shall be composed of seven members to be elected by the General Assembly upon nomination of the Public Service Merit Selection Panel from the then existing congressional districts. If the number of congressional districts is less than seven, additional members shall must be elected at large to provide for a seven member commission. The General Assembly in its 1982 session shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980.
To effect an orderly transition to the nomination of members of the commission by the merit selection panel and reconstitute the commission in accordance with this section, the following transition procedures shall apply to this section:
(1) Members of the commission whose terms expire June 30, 1979, shall continue to serve as commissioners until their successors are elected and qualify in 1980 pursuant to the provisions of this chapter for terms extending until the General Assembly provides for election based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980.
(2) Members of the commission whose terms expire June 30, 1982, shall continue to serve until the expiration of their terms on that date.
(3) The initial selection of nominees by the merit selection panel and their subsequent consideration by the General Assembly under this chapter shall take place during the 1980 session of the General Assembly.
(4) Notwithstanding any other provision of this Sections 58-3-20, 58-3-25, 58-3-40, 58-3-142 and 58-3-145, of those members of the commission initially elected in 1982, four members shall serve for a term of four years and three members shall serve for a term of three years as determined by lot. The commission shall notify the Secretary of State of the terms."
(2) Section 58-3-24 of the 1976 Code is amended to read:
"Section 58-3-24. No member of the South Carolina Public Service Merit Selection Panel and no member of his immediate family to include his spouse, children, brothers, sisters, parents, father-in-law, mother-in-law, brothers-in-law, sisters-in-law, nieces and nephews shall be elected to the Public Service Commission while such person is serving on the Merit Selection Panel nor shall such person or members of his family as stipulated above be elected to the Public Service Commission for a period of four years after such person ceases to be a member of the Merit Selection Panel. Additionally, after After January 1, 1981, no member of the General Assembly shall may be elected to the Public Service Commission while such that person is serving in the General Assembly nor shall such that person be elected to the Public Service Commission for a period of four years after he ceases to be a member of the General Assembly."
(3) Sections 58-3-21, 58-3-22, 58-3-23 and 58-3-25 of the 1976 Code are repealed./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. LITTLEJOHN raised the Point of Order that Amendment No. 68 was out of order as it was not germane.
The SPEAKER stated that since he had ruled a previous amendment germane that provided for a public election of members of the Public Service Commission because the Bill dealt with the Public Service Commission and transferred a portion of that, then he would have to rule this amendment germane and he overruled the Point of Order.
Rep. CLYBORNE 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. Allison Clyborne Corning Cromer Fair Fulmer Gamble Gonzales Graham Harrell Harrison Harwell Hodges Hutson Jennings Kelley Kinon Kirsh Klauber Littlejohn Marchbanks Martin McTeer Meacham Moody-Lawrence Richardson Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Stuart Thomas Trotter Tucker Waites Walker Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Baker Beatty Boan Brown, J. Carnell Cato Cobb-Hunter Cooper Delleney Farr Harrelson Harris, J. Harris, P. Harvin Haskins Hines Houck Inabinett Jaskwhich Keegan Kennedy Keyserling Koon Law McAbee McCraw McElveen McMahand Neal Neilson Phillips Riser Scott Sharpe Spearman Stille Stone Townsend Vaughn Whipper White Wilder, D. Williams
So, the amendment was tabled.
Rep. McTEER proposed the following Amendment No. 69 (Doc Name L:\council\legis\amend\JIC\5505HC.93), which was rejected.
Amend the bill, as and if amended, by moving all school bus operations from the Department of Education to the Department of Transportation.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. CORNING spoke against the amendment and moved to table the amendment.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Barber Brown, G. Canty Carnell Corning Farr Fulmer Gonzales Graham Hallman Harrell Harrison Harvin Haskins Hines Hodges Houck Hutson Jennings Kennedy Koon McLeod Quinn Riser Rudnick Sheheen Smith, D. Spearman Stille Tucker Wilkins Wright Young, R.
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, J. Baker Beatty Boan Cato Clyborne Cobb-Hunter Cooper Cromer Delleney Fair Gamble Harrelson Harris, J. Harris, P. Harwell Holt Inabinett Jaskwhich Keegan Kelley Keyserling Kinon Law Littlejohn Marchbanks Martin Mattos McAbee McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Richardson Robinson Rogers Scott Sharpe Shissias Simrill Smith, R. Stone Stuart Townsend Trotter Vaughn Waites Walker Wells White Wilder, D. Wilkes Williams Witherspoon Worley Young, A.
So, the House refused to table the amendment.
Reps. FARR and HASKINS spoke against the amendment.
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. Bailey, J. Baker Boan Clyborne Cobb-Hunter Cromer Delleney Fair Harris, J. Harwell Holt Jaskwhich Kinon Kirsh Marchbanks Mattos McCraw McElveen McTeer Meacham Robinson Rogers Scott Sharpe Simrill Vaughn Waites White Witherspoon
Those who voted in the negative are:
Alexander, M.O. Allison Anderson Barber Brown, G. Canty Carnell Cato Cooper Corning Farr Fulmer Gamble Gonzales Graham Hallman Harrell Harris, P. Harvin Haskins Hines Hodges Houck Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Koon Law Littlejohn McAbee McLeod McMahand Moody-Lawrence Neal Neilson Phillips Quinn Richardson Riser Rudnick Sheheen Shissias Smith, D. Smith, R. Spearman Stille Stone Stuart Thomas Townsend Trotter Tucker Walker Wells Whipper Wilder, D. Wilkes Wilkins Williams Worley Wright Young, A. Young, R.
So, the amendment was rejected.
Rep. TOWNSEND proposed the following Amendment No. 70 (Doc Name L:\council\legis\amend\BBM\10342RF.93), which was tabled.
Amend the bill, as and if amended, SECTION 21. Department of Transportation. There is hereby established the South Carolina Highway Commission as an advisory body under the Deputy Director of the Highway Division of the Department of Transportation. The commission is composed of sixteen members: one from each judicial circuit elected by the members of the General Assembly. Members elected from the judicial circuits must be a resident of the circuit from which he is elected. Of the members first elected, those from even numbered circuits serve for a term of two years, those from odd numbered circuits serve for a term of four years. Thereafter, the term of each commissioner is four years. Members serve until their successors are appointed and qualify. The members shall elect a chairperson every two years for a two year term. The South Carolina Highway Commission must approve all expenditures or reimbursements of monies from the State Secondary "C" Apportionment Fund as provided in Section 12-27-400 of the 1976 Code./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. PHILLIPS spoke in favor of the amendment.
Rep. CLYBORNE moved to table the amendment.
Rep. PHILLIPS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Baker Barber Boan Brown, H. Cato Clyborne Corning Cromer Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Haskins Hodges Holt Houck Hutson Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Littlejohn Marchbanks Martin Mattos McMahand McTeer Meacham Moody-Lawrence Neilson Quinn Rhoad Richardson Riser Robinson Rogers Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Thomas Trotter Tucker Vaughn Waites Walker Wells Whipper Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Brown, G. Brown, J. Carnell Cobb-Hunter Cooper Delleney Fair Farr Harrelson Harris, P. Harvin Harwell Hines Inabinett Kennedy Koon Law McAbee McCraw McLeod Neal Phillips Rudnick Scott Spearman Stille Stone Stuart Townsend White Wilder, D. Wilkes Williams
So, the amendment was tabled.
Reps. TOWNSEND, RISER and WRIGHT proposed the following Amendment No. 71 (Doc Name L:\council\legis\amend\DKA\4401AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 8. Department of Education, by adding an appropriately numbered item to read:
/(__) The State Board of Education is composed of seventeen members: one from each judicial circuit elected by the members of the General Assembly, and one appointed by the Governor upon the advice and consent of the General Assembly. Members elected from the judicial circuits must be residents of the circuit from which they are elected. Of the members first elected, those from even numbered circuits serve for a term of two years, those from odd numbered circuits serve for a term of four years. After the initial elections, the term of each board member is four years. The term of the Governor's appointee is four years coterminous with the Governor appointing. Members serve until their successors are elected or appointed and qualify. At their first meeting the members shall select a chairman./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. HODGES moved to table the amendment, which was agreed to by a division vote of 72 to 19.
Rep. STONE proposed the following Amendment No. 72 (Doc Name L:\council\legis\amend\DKA\4369SD.93), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. Notwithstanding any other provision of law, the Savannah Valley Authority shall not have the power of eminent domain./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. STONE explained the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 72 was out of order in that the Savannah Valley Authority was an independent agency and there was no statutory reference to any of the powers of the agency in the Bill.
Rep. HODGES stated that the Savannah Valley Authority was an independent agency and that it was not dealt with specifically in the Bill.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. McLEOD moved that the House do now adjourn.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Anderson Bailey, J. Barber Beatty Brown, G. Brown, J. Canty Carnell Corning Farr Harrelson Harris, J. Harris, P. Harvin Hines Holt Houck Inabinett Kennedy Keyserling Kirsh Koon Littlejohn Mattos McAbee McCraw McElveen McLeod McMahand Moody-Lawrence Neal Neilson Phillips Rhoad Riser Robinson Rudnick Scott Sharpe Spearman Stille Stone Townsend Vaughn Waites Walker Whipper White Wilder, D. Wilkes Williams Young, R.
Those who voted in the negative are:
Alexander, T.C. Baker Boan Brown, H. Cato Clyborne Cobb-Hunter Cooper Cromer Delleney Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harrison Harwell Haskins Hodges Hutson Jaskwhich Jennings Keegan Kelley Kinon Klauber Law Marchbanks Martin McKay McTeer Meacham Quinn Richardson Rogers Sheheen Shissias Simrill Smith, D. Smith, R. Stuart Thomas Trotter Tucker Wells Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.
The Senate returned to the House with concurrence the following:
H. 3654 -- Reps. Fulmer, Hallman, Holt, Harrison, Whipper, Inabinett, Breeland, McTeer, Klauber, J. Bailey, Harrell, R. Young, Hutson, Delleney, McElveen, Gonzales and Barber: A CONCURRENT RESOLUTION TO CONGRATULATE THE CITADEL BULLDOG FOOTBALL TEAM, STAFF, AND COACHES HEADED BY NATIONAL COACH OF THE YEAR, CHARLIE TAAFFE, FOR A TRULY OUTSTANDING 1992 SEASON.
H. 3655 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE NEWBERRY COUNTY DAIRY FARMER, JAMES W. KESLER, UPON RECEIVING THE 1993 HONORS AWARD OF THE SOUTH CAROLINA JERSEY CATTLE CLUB.
At 8:35 P.M. the House in accordance with the motion of Rep. KLAUBER adjourned in memory of Rev. Zeddie Mackey, to meet at 10:00 A.M. tomorrow.
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