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:
We thank You, good Lord, for this another day and for the hope that it offers. Teach us that failure does not necessarily mean that we will never attain our goal; rather it means that we must try another way; that it is the wise person who recognizes his mistakes and then takes steps to amend them. Make us to know further that everybody makes mistakes, but only the foolish practice them, and that blaming our shortcomings on others does not change the nature of our shortcomings.
Thank You, Heavenly Father, for this privilege of prayer, and answer us in keeping with Your knowledge of our needs. 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. ROGERS moved that when the House adjourns, it adjourn in memory of John R.T. Major, retired Richland County Clerk of Court, which was agreed to.
The following was introduced:
H. 3668 -- Reps. Anderson, J. Brown, Cobb-Hunter, White, Beatty, Breeland, Byrd, Canty, Govan, Hines, Inabinett, Kennedy, McMahand, Moody-Lawrence, Neal, Scott, Whipper and Williams: A CONCURRENT RESOLUTION COMMENDING BISHOP OREE BROOMFIELD, SR., FOR HIS OUTSTANDING LEADERSHIP IN WORKING TO IMPROVE THE QUALITY OF LIFE FOR ALL AMERICANS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3669 -- Reps. Kirsh, Wofford and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1642 SO AS TO PROHIBIT PLACEMENT OF CHILDREN IN FOSTER CARE WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, OR WHO HAS BEEN CONVICTED OF OFFENSES AGAINST A PERSON OR AGAINST MORALITY OR DECENCY; BY ADDING SECTION 20-7-1643 SO AS TO REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH STANDARDS FOR FOSTER PARENT TRAINING; BY ADDING SECTION 43-1-115 SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT BIENNIAL PERFORMANCE AUDITS OF COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS; BY AMENDING SECTION 20-7-2240, RELATING TO AGENCIES AND INSTITUTIONS EXEMPT FROM REGULATION AS A CHILD WELFARE AGENCY, SO AS TO PROVIDE THAT FOSTER CARE FACILITIES, NOT RECEIVING STATE OR FEDERAL FUNDS, OPERATED BY CERTAIN RELIGIOUS ORGANIZATIONS MUST PASS ANNUAL FIRE, HEALTH, AND SANITATION INSPECTIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3670 -- Reps. Wright and Sharpe: A BILL TO AMEND CHAPTER 18 OF TITLE 48, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EROSION AND SEDIMENT REDUCTION ACT, SO AS TO FURTHER PROVIDE FOR DEFINITIONS, FOR CERTAIN EXCEPTIONS, FOR THE AUTHORITY OF THE LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE CERTAIN REGULATIONS AND THE APPLICABILITY OF THOSE REGULATIONS, FOR THE MEMBERSHIP OF THE ADVISORY COUNCIL ON EROSION AND SEDIMENT REDUCTION, AND FOR CERTAIN REPORTING REQUIRED UNDER THE ACT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3671 -- Rep. Spearman: A BILL TO ABOLISH THE SALUDA COUNTY MEDICAL BUILDING BOARD AND DEVOLVE ALL POWERS AND DUTIES OF THE BOARD UPON THE SALUDA COUNTY COUNCIL AND TO REPEAL ACT 810 OF 1946 AND ACT 1116 OF 1960 RELATING TO THE CREATION, COMPOSITION, POWERS, AND DUTIES OF THE BOARD.
On motion of Rep. SPEARMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3672 -- Reps. Shissias, R. Smith, Stone, Corning, Harrison, Simrill, Riser, Wright, Koon, Hallman, Walker, Byrd, Meacham, Wells, Phillips, Littlejohn, Davenport and Cato: A BILL TO AMEND SECTION 20-7-1145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPRESENTATION OF AN OBLIGEE UNDER AN OUT-OF-STATE CHILD SUPPORT ORDER, SO AS TO PROVIDE THAT THE PROSECUTING ATTORNEY SHALL REPRESENT THE STATE RATHER THAN THE OBLIGEE IN THESE MATTERS.
Referred to Committee on Judiciary.
H. 3673 -- Reps. Shissias, Hallman, Gonzales, Stone, Corning, Harrison, Simrill, Riser, Koon, Wells, Walker, Byrd, Meacham, Phillips, Littlejohn, Allison and Cato: A BILL TO AMEND SECTION 20-7-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNSEL FOR AN OBLIGEE IN A CIVIL ENFORCEMENT ACTION OF A SOUTH CAROLINA CHILD SUPPORT ORDER, SO AS TO PROVIDE THAT THE PROSECUTING ATTORNEY SHALL REPRESENT THE STATE RATHER THAN THE OBLIGEE IN THESE MATTERS.
Referred to Committee on Judiciary.
H. 3674 -- Reps. Shissias, R. Smith, Hallman, Gonzales, R. Young, Simrill, Corning, Harrison, Thomas, Gamble, Riser, Wright, Koon, Neilson, Wells, Cobb-Hunter, Harrell, Stuart, Neal, Hines, J. Wilder, Waldrop, Harrelson, Walker, Allison, McElveen, Meacham, Stone, Littlejohn, Davenport, Cato and Moody-Lawrence: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.
Referred to Committee on Judiciary.
H. 3675 -- Reps. Shissias, R. Smith, R. Young, Neilson, Gonzales, Littlejohn, Simrill, Harwell, Corning, Harrison, Mattos, Gamble, Elliott, Riser, Hallman, Cobb-Hunter, Wright, Koon, Wells, J. Wilder, Houck, Harrell, Harrelson, Hines, Neal, Meacham, Byrd, Walker, Allison, Waldrop, Stone, J. Brown, Stuart, Rudnick, McElveen, Davenport and Moody-Lawrence: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary.
H. 3676 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MUST NOT BE LICENSED, SO AS TO PROHIBIT RENEWAL OF DRIVER'S LICENSES, TO ADD TO THE LIST OF PROHIBITIONS PERSONS WHOSE LICENSES ARE SUSPENDED OR REVOKED AND PERSONS WHO ARE NOT RESIDENTS OF THE UNITED STATES.
On motion of Rep. PHILLIPS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3677 -- Reps. Jaskwhich, Hodges, Meacham and Barber: A BILL TO AMEND TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 20 SO AS TO ENACT THE RAILROAD PRESERVATION AND REVITALIZATION ACT.
Referred to Committee on Education and Public Works.
H. 3678 -- Reps. Houck, Cobb-Hunter, Haskins, Mattos, Scott, G. Brown, Neal, Chamblee, Elliott, Stuart, McLeod, M.O. Alexander, D. Wilder and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-175 SO AS TO REQUIRE HOSPITALS TO PROVIDE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES CERTAIN FINANCIAL INFORMATION AND TO AUTHORIZE PENALTIES PURSUANT TO REGULATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3679 -- Reps. Haskins, Hallman, Quinn, J. Bailey, Harrison, Corning, Allison, A. Young, R. Smith, Robinson, Littlejohn, D. Smith and Harrelson: A BILL TO AMEND SECTION 34-24-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSACTIONS WHICH MAY NOT BE APPROVED BY THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO INCLUDE TRANSACTIONS WHICH WOULD RESULT IN FUTURE ECONOMIC LOSS TO THE GENERAL ECONOMY AND CAPITAL RESOURCES OF SOUTH CAROLINA AND TO PROVIDE CRITERIA WHICH MUST BE CONSIDERED IN EVALUATING THESE TRANSACTIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3680 -- Reps. Neilson, Walker, Littlejohn, Hallman, Fulmer, Harwell, Fair, Klauber, Harrison, Allison, Wells, Harrelson, Sturkie and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1735 SO AS TO PROVIDE THAT A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO IS A PUBLIC SCHOOL TEACHER IN THIS STATE MAY ESTABLISH SERVICE CREDIT FOR TEACHING IN A PRIVATE SCHOOL IN THIS STATE IN THE SAME MANNER THAT CREDIT MAY BE ESTABLISHED FOR "OUT-OF-STATE SERVICE" EXCEPT THAT THE PAYMENT DUE FOR THIS SERVICE MUST EQUAL THE ACTUARIAL COST AND TO DEFINE PRIVATE SCHOOL.
Referred to Committee on Ways and Means.
S. 291 -- Senator McConnell: A BILL TO AMEND SECTION 8-13-1300, RELATING TO THE DEFINITIONS REGARDING CAMPAIGN PRACTICES, SO AS TO DELETE REFERENCES TO "BALLOT MEASURE", ADD REFERENCES TO "BALLOT MEASURE", AND DEFINE "GOVERNMENTAL ENTITY"; AND TO AMEND SECTION 8-13-1346, RELATING TO THE USE OF PUBLIC FUNDS, PROPERTY, OR TIME TO INFLUENCE THE OUTCOME OF AN ELECTION, SO AS TO SET FORTH THE CIRCUMSTANCES IN WHICH A PUBLIC ENTITY IS AUTHORIZED TO USE PUBLIC FUNDS, PROPERTY, OR TIME ON A BALLOT MEASURE.
Referred to Committee on Judiciary.
S. 455 -- Senator Holland: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, J. Barber Beatty Breeland Brown, H. Brown, J. Byrd Carnell Cato Clyborne Cobb-Hunter Cooper Delleney Fair Farr Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harwell Haskins Hines Hodges Holt Houck Hutson Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Thomas Trotter Tucker Vaughn Waites Walker Wells Whipper White Wilder, D. Wilkins Witherspoon Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Wednesday, March 10.
Ronald P. Townsend Dewitt Williams Bessie Moody-Lawrence William D. Keyserling Larry L. Elliott William D. Boan Dave C. Waldrop, Jr. Thomas E. Huff C.D. Chamblee James L. M. Cromer, Jr. John J. Snow, Jr. June S. Shissias Ralph W. Canty John G. Felder C. Lenoir Sturkie Grady A. Brown Larry L. Koon Timothy C. Wilkes James H. Harrison Roger M. Young Roland S. Corning Dell Baker Michael F. Jaskwhich Harold G. Worley Joseph B. Wilder C. Alex Harvin, III George H. Bailey Richard M. Quinn, Jr. G. Ralph Davenport, Jr.
LEAVE OF ABSENCE
The SPEAKER granted Rep. G. BAILEY a temporary leave of absence.
The SPEAKER granted Rep. BAXLEY a leave of absence for the day.
Announcement was made that Dr. Leo L. Walker of Columbia is the Doctor of the Day for the General Assembly.
The Sumter Delegation presented to the House the Local, State and Federal law enforcement agents involved in "Operation Crackdown" in Sumter, S.C.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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 following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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 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 Thursday, March 11, which was adopted.
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.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Concurrent Resolution was taken up.
S. 445 -- Senators Waldrep and O'Dell: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO UTILIZE ALTERNATIVE B OR D FOR IMPLEMENTING THE ANDERSON PARKWAY AND ANDERSON-ABBEVILLE CONNECTOR ROUTES WHICH WILL USE EXISTING STATE HIGHWAY 29 TO CONNECT WITH UNITED STATES INTERSTATE 85.
Amend Title To Conform
Whereas, the Anderson Parkway and the Anderson-Abbeville Connector are integral components of the State Highway Improvement Plan; and
Whereas, the projects will serve transportation needs and improve travel opportunities throughout the State; and
Whereas, a primary objective is to determine the best corridor for the Parkway and connector facilities to deliver maximum traffic service and create minimum development impact; and
Whereas, numerous economic benefits will be derived from the project including equal opportunity to access regional hospital and emergency care facilities, educational institutions, shopping, civic arenas, and social and cultural opportunities; and
Whereas, two types of roadway improvements have been considered in the study: one to build a new controlled access facility and one to upgrade an existing highway; and
Whereas, during these economically depressed times the most cost-efficient method is to use the existing highway; and
Whereas, the department has a proposal, Alternative B or D, which will accomplish the objectives of utilizing the existing highway and being fiscally responsible by employing resources efficiently in improving the highway instead of expending greater sums to build a new highway thereby abandoning a viable highway; and
Whereas, the proposal presented at public forum workshops held on October 28 and 29, 1991, and November 4, 1991, provides for the use of an upgraded State Highway 29 to connect with Interstate 85. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is directed to use Alternative B or D utilizing existing State Highway 29 to connect with United States Interstate 85 instead of the proposal to build a new highway or to use State Highway 81 for the Anderson Parkway and the Anderson-Abbeville Connector.
Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the South Carolina Department of Highways and Public Transportation.
Rep. TUCKER proposed the following Amendment No. 1, which was adopted.
Amend the resolution to substitute the word parkway for bypass.
Amend title to conform.
Rep. TUCKER explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
The motion period was dispensed with on motion of Rep. PHILLIPS.
On motion of Rep. SIMRILL, the House stood in memory and honor of the Winthrop University Tennis Team. Upon returning from an out of town tournament, an accident occurred resulting in the death of one of the players and two others received critical injuries.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO RESTRUCTURE THE EXECUTIVE BRANCH BY REORGANIZING DEPARTMENTS. (Abbreviated Title)
Rep. KIRSH proposed the following Amendment No. 74 (Doc Name L:\council\legis\amend\CYY\15276SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the School for the Deaf and Blind which is an independent agency shall be a division of the Department of Education, as contained in Section 8, 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. D. SMITH moved to table the amendment.
Rep. MEACHAM 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 Anderson Beatty Breeland Brown, J. Carnell Cato Chamblee Cooper Cromer Davenport Delleney Fair Farr Felder Fulmer Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harvin Harwell Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jennings Keegan Kennedy Klauber Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McLeod McMahand Meacham Neal Phillips Riser Robinson Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stone Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper Wilder, D. Wilkes Williams Witherspoon Wofford Wright
Those who voted in the negative are:
Boan Byrd Clyborne Cobb-Hunter Gamble Keyserling Kinon Kirsh McTeer Richardson Scott Spearman Stuart White Young, A.
So, the amendment was tabled.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: 3546 General Subject Matter: Deaf & Blind
Amendment #: 74. Subject Matter: Deaf & Blind School.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). My son, Linberg Moody, Jr., is visually handicapped.
Rep. BESSIE MOODY-LAWRENCE
I inadvertently voted nay on the tabling motion but fully intended to vote yea.
Rep. JOHN L. SCOTT, JR.
Rep. P. HARRIS arose to a Point of Personal Privilege.
On motion of Rep. CARNELL, Rep. P. HARRIS' remarks were ordered printed in the Journal as follows:
"Mr. Speaker, Ladies and Gentlemen of the House, I rise to a point of personal privilege in response to a recent editorial comment in the Anderson Independent-Mail. The Independent's editorial staff seems to believe I have 'wangled' state funds to build a handicapped accessible pier on Lake Hartwell rather than use these funds for education or other causes. I would like to take this opportunity to address this allegation. Indeed I have proposed building a handicapped accessible pier on Lake Hartwell with proceeds from taxes on fuel for marine use. According to South Carolina Code of Laws Section 12-27-390, the percentage of these funds transmitted to the Department of Wildlife and Marine Resources may only be used for water recreational resources. Therefore, I find it impossible to call my proposal the 'pork barrel pier' as the Anderson Independent has called it. I truly believe I have been wrongfully maligned by the Anderson Independent-Mail on this issue. In my twenty-three years of service in the House, it has been my top priority to look out for those who are often forgotten by most of society. Ladies and gentleman, my sole reason for making a proposal for a handicapped accessible pier on Lake Hartwell is to make the lake more accessible and more enjoyable for a segment of the population that has long been neglected. When most of us want to do simple things like go grocery shopping, go to the doctor, go to church, go out for a movie, or spend a day at the lake, we do not have to worry about getting into the buildings. We do not have to worry if a wheelchair or a walker will fit through a door. We do not have to worry that we cannot climb the stairs. We do not have to worry who will open a door for us. If you are physically handicapped, these concerns are part of everyday life. Members of the House, most of us take for granted our good health and apparently so do the writers for the Anderson Independent. I am here to tell you though that there are people who do not enjoy the privilege of recreation on Lake Hartwell as many of us do because they cannot physically access the pier. It is in their interest only that I have made this proposal. I hope you will support me in my effort to make the lake accessible for everyone. Thank you for affording me this opportunity. I truly believe a biased, prejudiced, and scurrilous press is a dangerous thing to those in public life as well as a blight on the community it serves. Thank you again for your time."
Rep. KIRSH proposed the following Amendment No. 79 (Doc Name L:\council\legis\amend\CYY\15270SD.93), which was adopted.
Amend the bill, as and if amended, by providing that the Governor's School of Science and Math which is an independent agency shall be a division of the Governor's Office under Section 22, with its board of trustees 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.
The amendment was then adopted.
Reps. FARR, CLYBORNE and BOAN proposed the following Amendment No. 87 (Doc Name L:\council\legis\amend\WWW\30024DW.93), which was adopted.
Amend the bill, as and if amended,
By adding an appropriately numbered section to read:
/SECTION ___. Section 12-27-380 of the 1976 Code of Laws, as last amended by section 22E, Part II, Act 171 of 1991, is further amended to read:
"Section 12-27-380. The license tax of ten and thirty-four hundredths cents a gallon on gasoline as levied and provided for in this article must be distributed as follows: nine and thirty-four hundredths cents on each gallon must be turned over to the Department of Highways and Public Transportation for the purpose of funding the Highway Division the department; and, one cent a gallon must be deposited to the credit of the general fund of the State to be included in the amount appropriated annually to the counties in Aid To Subdivisions. Each county must expend a proportionate amount it receives on the construction and maintenance of county roads and bridges in that county."
Renumber sections to conform.
Amend title to conform.
Rep. FARR explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 88 (Doc Name L:\council\legis\amend\436\11088AC.93), which was ruled out of order.
Amend the bill, as and if amended, by transferring the Division of Youth Services from the Department of Rehabilitation and Corrections, as contained in SECTION 19, to the Division of Children's Services in the Department of Family Services, as contained in SECTION 10.
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. JENNINGS raised the Point of Order that Amendment No. 88 was out of order as it was the same as Amendment No. 41 which had already been debated and disposed of by the House.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. McABEE proposed the following Amendment No. 90 (Doc Name L:\council\legis\amend\436\11087AC.93), which was tabled.
Amend the bill, as and if amended, by transferring Community based noninstitutional programs in the Division of Youth Services from the Department of Rehabilitation and Corrections, as contained in SECTION 19, to the Division of Children's Services in the Department of Family Services, as contained in SECTION 10.
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. JENNINGS moved to table the amendment, which was agreed to by a division vote of 64 to 22.
Rep. HARWELL moved to reconsider the vote whereby Amendment No. 68 was tabled.
Rep. HODGES moved to table the motion to reconsider.
Rep. ROBINSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Brown, G. Clyborne Cooper Delleney Elliott Gamble Gonzales Graham Hallman Harris, J. Harrison Hodges Huff Hutson Jennings Keegan Kirsh Littlejohn Marchbanks Martin Mattos McTeer Rhoad Richardson Robinson Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stone Stuart Thomas Trotter Tucker Waites Walker Wells Wilder, D. Wilkins Witherspoon Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Askins Barber Boan Breeland Brown, H. Brown, J. Byrd Carnell Cato Chamblee Davenport Farr Felder Harrelson Harris, P. Harvin Harwell Haskins Hines Holt Houck Inabinett Kennedy Keyserling Kinon Klauber Koon Lanford Law McAbee McCraw McLeod McMahand Neal Neilson Phillips Riser Rogers Scott Spearman Stille Stoddard Sturkie Townsend Vaughn Waldrop Whipper White Wilkes Williams Wofford
So, the House refused to table the motion to reconsider.
Rep. RUDNICK raised the Point of Order that the motion to reconsider was out of order as it was not made in the same day as the motion to table was made.
The SPEAKER stated that you had 24 hours or the next day of the sitting of the House to make the motion to reconsider and he overruled the Point of Order.
The question then recurred to the motion to reconsider.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey, J. Barber Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Cobb-Hunter Cooper Davenport Fair Farr Felder Govan Harrelson Harris, P. Harvin Harwell Hines Holt Houck Inabinett Kennedy Keyserling Kinon Klauber Koon Law McAbee McCraw McElveen McLeod McMahand Neal Phillips Rhoad Richardson Rogers Scott Snow Spearman Stille Stoddard Sturkie Townsend Vaughn Waldrop Whipper White Wilder, D. Wilkes Williams Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Clyborne Corning Cromer Delleney Elliott Fulmer Gamble Gonzales Graham Hallman Harris, J. Harrison Haskins Hodges Huff Hutson Jennings Keegan Kirsh Lanford Littlejohn Marchbanks Martin Mattos McKay McTeer Moody-Lawrence Neilson Riser Robinson Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Thomas Trotter Tucker Waites Walker Wells Wilkins Witherspoon Wright Young, A. Young, R.
So, the motion to reconsider was agreed to.
Rep. CARNELL explained the amendment.
Rep. HODGES moved to table the amendment.
Rep. FARR 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. Barber Clyborne Cooper Corning Delleney Elliott Fair Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harrison Haskins Hodges Huff Hutson Jennings Keegan Kelley Keyserling Kirsh Klauber Lanford Littlejohn Marchbanks Martin Mattos McTeer Richardson Riser Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Thomas Trotter Tucker Waites Waldrop Walker Wells Wilkins Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Askins Beatty Boan Breeland Brown, J. Byrd Canty Carnell Cato Chamblee Cobb-Hunter Cromer Davenport Farr Felder Harrelson Harris, P. Harvin Harwell Hines Holt Houck Inabinett Kennedy Kinon Koon Law McAbee McCraw McElveen McKay McLeod McMahand Moody-Lawrence Neal Neilson Phillips Scott Sharpe Snow Spearman Stille Stoddard Sturkie Townsend Vaughn Whipper White Wilder, D. Wilkes Williams
So, the amendment was tabled.
Rep. FARR proposed the following Amendment No. 92 (Doc Name L:\council\legis\amend\DKA\4409AL.93).
Amend the bill, as and if amended, SECTION 6(B). Department of Commerce, Coordinating Division for Economic Development, Section 12-27-1300, by striking item (5) and inserting:
/(5) one member appointed at large from a rural county by the Governor with the advice and consent of the Senate at large from a rural county;/
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. FARR explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. BARBER proposed the following Amendment No. 93 (Doc Name L:\council\legis\amend\436\11094AC.93), which was tabled.
Amend the bill, as and if amended, by transferring the Program for Individuals with Autism from the Special Needs Division of the Department of Disabilities and Special Needs, as contained in SECTION 7, to a separate Autism Division in the Department of Disabilities and Special Needs.
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. BARBER explained the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. BARBER spoke in favor of the amendment.
Rep. HODGES moved to table the amendment, which was agreed to.
Reps. BEATTY, WILKINS and CLYBORNE proposed the following Amendment No. 96 (Doc Name L:\council\legis\amend\DKA\4410AL.93), which was tabled.
Amend the bill, as and if amended, Section 1-30-10, SECTION 1, by adding an appropriately lettered subsection to read:
/( ) No department, division, agency, board, commission, authority, or entity created by state government may hire or employ a lobbyist, as defined in Section 2-17-10, or a person who performs the function of a lobbyist, if the lobbyist is not a full-time employee of the State./
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. WOFFORD raised the Point of Order that Amendment No. 96 was out of order as it was not germane as it dealt with lobbyists and the Bill dealt with restructuring.
The SPEAKER stated that the Bill dealt with the restructuring of Departments and State Agencies and the hiring and firing of employees such as directors of these agencies and he overruled the Point of Order.
Rep. BEATTY continued speaking.
Rep. McABEE spoke against the amendment.
Rep. WILKINS spoke in favor of the amendment.
Rep. HARWELL spoke against the amendment.
Rep. McELVEEN spoke in favor of the amendment.
Rep. J. BAILEY spoke against the amendment.
Rep. HASKINS was recognized.
Rep. HODGES moved to waive Rule 6.1, which was agreed to by a division vote of 65 to 47.
Rep. HODGES moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. WILKES moved to rescind Rule 3.9.
Rep. WILKES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Bailey, J. Baker Barber Beatty Breeland Brown, G. Byrd Canty Cobb-Hunter Corning Farr Govan Harrelson Harvin Hines Holt Inabinett Jaskwhich Kennedy Keyserling Koon Lanford Littlejohn Mattos McElveen McKay McLeod McMahand Moody-Lawrence Neal Rhoad Riser Scott Shissias Snow Spearman Stille Stoddard Sturkie Townsend Trotter Walker Whipper White Wilkes Williams Wright Young, R.
Those who voted in the negative are:
Alexander, T.C. Allison Askins Boan Brown, H. Carnell Chamblee Clyborne Cooper Cromer Davenport Delleney Elliott Fair Gamble Gonzales Graham Hallman Harris, J. Harrison Harwell Haskins Hodges Houck Huff Hutson Jennings Kelley Kinon Kirsh Klauber Law Marchbanks Martin McAbee McCraw McTeer Meacham Neilson Quinn Richardson Robinson Rudnick Sharpe Sheheen Simrill Smith, D. Smith, R. Stone Stuart Thomas Tucker Vaughn Waites Wells Wilder, D. Wilkins Witherspoon Wofford Worley Young, A.
So, the motion was rejected.
Rep. BAKER moved that the House recede until 2:00 P.M.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Baker Beatty Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Chamblee Corning Elliott Gamble Govan Harrelson Harris, P. Hines Houck Hutson Inabinett Jaskwhich Kennedy Keyserling Koon Lanford Law Littlejohn McElveen McLeod McMahand Moody-Lawrence Neal Phillips Rhoad Riser Scott Shissias Smith, D. Snow Spearman Stille Stoddard Sturkie Townsend Walker White Wilder, D. Williams Wright Young, R.
Those who voted in the negative are:
Alexander, T.C. Allison Askins Bailey, J. Barber Boan Breeland Clyborne Cromer Delleney Fair Farr Fulmer Gonzales Graham Hallman Harrell Harris, J. Harrison Harvin Harwell Haskins Hodges Holt Huff Jennings Keegan Kelley Kinon Kirsh Klauber Marchbanks Martin Mattos McAbee McCraw McKay McTeer Meacham Neilson Quinn Richardson Robinson Sharpe Sheheen Simrill Smith, R. Stone Stuart Thomas Trotter Tucker Vaughn Waites Wells Whipper Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Young, A.
So, the House refused to recede until 2:00 P.M.
Rep. HASKINS spoke against the amendment.
Rep. WILKINS spoke in favor of the amendment.
Rep. McELVEEN spoke in favor of the amendment.
Rep. BOAN moved to table the amendment.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Anderson Askins Bailey, J. Baker Barber Boan Breeland Brown, G. Brown, J. Byrd Carnell Cooper Davenport Delleney Elliott Farr Felder Fulmer Gamble Gonzales Graham Harrell Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Holt Houck Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Koon Lanford Law Littlejohn Martin Mattos McAbee McCraw McKay McLeod McMahand McTeer Moody-Lawrence Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Sturkie Thomas Townsend Tucker Walker Wells Whipper White Wilder, J. Wilkes Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Beatty Cato Chamblee Clyborne Cobb-Hunter Cromer Fair Govan Hallman Harrelson Huff Jaskwhich Kennedy Kirsh Klauber Marchbanks McElveen Meacham Neilson Stone Stuart Trotter Vaughn Waites Wilder, D. Wilkins
So, the amendment was tabled.
Rep. WAITES proposed the following Amendment No. 97 (Doc Name L:\council\legis\amend\436\11096AC.93), which was adopted.
Amend the bill, as and if amended, SECTION 5, Department of Alcohol and Other Drug Abuse Services by deleting D. on page 152, lines 11-31, and replace with "Repeal Section 56-1-1400."
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. WAITES explained the amendment.
The amendment was then adopted.
Rep. INABINETT moved that the House recede until 2:30 P.M.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Breeland Brown, G. Brown, J. Carnell Corning Fair Felder Harrelson Holt Inabinett Kennedy Keyserling Koon Lanford McElveen McLeod Neal Riser Rudnick Scott Snow Spearman Stille Wilder, D. Wilkes Williams Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, J. Baker Barber Beatty Boan Byrd Cato Chamblee Clyborne Cooper Cromer Davenport Delleney Elliott Farr Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Hines Hodges Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McMahand McTeer Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Robinson Rogers Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Sturkie Thomas Trotter Tucker Vaughn Waites Walker Wells Wilder, J. Wilkins Witherspoon Wofford Worley Young, A. Young, R.
So, the House refused to recede until 2:30 P.M.
Rep. WAITES proposed the following Amendment No. 99 (Doc Name L:\council\legis\amend\436\11097AC.93).
Amend the bill, as and if amended, SECTION 6, Department of Commerce, the Division of State Development, by deleting Section 13-7-20(1) on page 212, lines 10-17.
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. WAITES explained the amendment.
Rep. J. WILDER spoke upon the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. MATTOS proposed the following Amendment No. 100 (Doc Name L:\council\legis\amend\436\11070AC.93), which was rejected.
Amend the bill, as and if amended, by transferring services for emotionally disturbed children from the Division of Youth Services and the Division of Juvenile Programs in the Department of Rehabilitation and Corrections, as contained in SECTION 19, to a division providing children's services within the Department of Mental Health, as contained in SECTION 16.
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. MATTOS explained the amendment.
Rep. HODGES 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:
Alexander, T.C. Allison Baker Barber Carnell Cato Clyborne Corning Cromer Delleney Elliott Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, P. Harrison Harvin Haskins Hodges Huff Hutson Jaskwhich Jennings Kirsh Klauber Law Marchbanks Martin McAbee Meacham Moody-Lawrence Quinn Robinson Sharpe Sheheen Shissias Simrill Smith, D. Stuart Thomas Trotter Tucker Vaughn Walker Wells Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Anderson Askins Bailey, J. Boan Brown, G. Brown, H. Byrd Chamblee Cobb-Hunter Cooper Davenport Fair Farr Harrelson Harris, J. Harwell Hines Holt Houck Inabinett Keegan Kelley Keyserling Kinon Littlejohn Mattos McCraw McElveen McKay McLeod McMahand McTeer Neal Neilson Phillips Rhoad Richardson Rogers Rudnick Scott Smith, R. Spearman Stille Stoddard Stone Sturkie Townsend Waites Whipper White Wilder, D. Wilder, J. Wilkes Williams
So, the House refused to table the amendment.
Rep. JENNINGS spoke against the amendment.
Reps. MATTOS and RICHARDSON spoke in favor of 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. Anderson Bailey, J. Barber Beatty Boan Breeland Brown, G. Byrd Cobb-Hunter Farr Harrelson Harris, J. Harvin Harwell Hines Houck Inabinett Kennedy Keyserling Kinon Littlejohn Mattos McCraw McElveen McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Rudnick Scott Shissias Spearman Stone Waites Whipper White Wilder, D. Wilkes Williams
Those who voted in the negative are:
Alexander, T.C. Allison Askins Baker Brown, H. Carnell Cato Clyborne Cooper Corning Cromer Davenport Delleney Elliott Fair Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, P. Harrison Haskins Hodges Holt Huff Hutson Jaskwhich Jennings Keegan Kelley Kirsh Klauber Koon Lanford Law Marchbanks Martin McAbee Meacham Riser Robinson Rogers Sharpe Sheheen Simrill Smith, D. Smith, R. Snow Stille Stuart Thomas Trotter Tucker Vaughn Walker Wells Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the amendment was rejected.
Rep. MATTOS proposed the following Amendment No. 101 (Doc Name L:\council\legis\amend\436\11072AC.93), which was adopted.
Amend the bill, as and if amended, by transferring Residential Treatment Services for Emotionally Disturbed Children from the Department of Family Services, as contained in SECTION 10, to a division providing children's services within the Department of Mental Health, as contained in SECTION 16.
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. MATTOS explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. GONZALES spoke against the amendment.
The amendment was then adopted.
Rep. HODGES moved immediate cloture on the entire matter.
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 Brown, H. Cato Clyborne Cooper Elliott Fair Farr Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks Martin Mattos McCraw McKay McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stone Stuart Thomas Trotter Tucker Vaughn Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Breeland Brown, G. Brown, J. Byrd Carnell Chamblee Cobb-Hunter Corning Cromer Davenport Delleney Felder Harrelson Harvin Houck Kennedy Keyserling Koon McAbee McElveen McLeod Neal Rudnick Scott Spearman Sturkie Waites Whipper White Williams
So, immediate cloture was ordered.
Rep. MATTOS proposed the following Amendment No. 102 (Doc Name L:\council\legis\amend\436\11075AC.93), which was adopted.
Amend the bill, as and if amended, by transferring the Division of Alcohol and Drug Addiction Services within the Department of Mental Health, as contained in SECTION 16, to the Department of Alcohol and Other Drug Abuse Services, as contained in SECTION 5.
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. MATTOS explained the amendment.
The amendment was then adopted.
Rep. SCOTT proposed the following Amendment No. 103 (Doc Name L:\council\legis\amend\DKA\4387AL.93), which was tabled.
Amend the bill, as and if amended, Section 1-23-10(H), SECTION 1, by adding at the end:
/All plans or reports that require the merging or elimination of personnel within a department or division must be preapproved by the State Human Affairs Commission for compliance with affirmative action plans and programs before any personnel action may be taken by the department or 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. 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, T.C. Allison Askins Baker Boan Brown, H. Cato Clyborne Cooper Corning Cromer Davenport Delleney Fair Felder Gamble Gonzales Graham Hallman Harrell Harris, J. Harris, P. Harrison Hodges Huff Hutson Jaskwhich Jennings Keegan Kelley Kirsh Klauber Koon Littlejohn Marchbanks Martin McCraw Meacham Neilson Phillips Quinn Richardson Riser Robinson Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Sturkie Thomas Trotter Tucker Vaughn Walker Wells Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Bailey, J. Beatty Breeland Brown, G. Brown, J. Byrd Chamblee Cobb-Hunter Elliott Farr Govan Harrelson Harvin Haskins Hines Holt Houck Inabinett Kennedy Keyserling McElveen McLeod McMahand McTeer Moody-Lawrence Neal Rudnick Scott Spearman Stille Waites Whipper White Wilkes Williams
So, the amendment was tabled.
Rep. KIRSH proposed the following Amendment No. 104 (Doc Name L:\council\legis\amend\CYY\15278SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Office of Indigent Defense which is an independent agency established in Section 25 is made a division of the Judicial Department under Section 24 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 moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 105 (Doc Name L:\council\legis\amend\CYY\15277SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Educational Television Commission which is an independent agency is made a part of the Department of Education in Section 8 as a division thereof 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. McLEOD spoke against the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to.
Rep. GONZALES proposed the following Amendment No. 107 (Doc Name L:\council\legis\amend\JIC\5501HC.93), which was rejected.
Amend the bill, as and if amended, by deleting the Railways Commission from the Department in which it appears and thereby continue it as an independent agency.
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. GONZALES explained the amendment.
Rep. SCOTT moved to table the amendment.
Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Askins Beatty Boan Brown, G. Brown, J. Carnell Cromer Delleney Elliott Fair Govan Harrelson Harris, J. Harris, P. Harvin Hines Hodges Houck Inabinett Jennings Kennedy Keyserling Kinon Kirsh Martin McAbee McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Rhoad Richardson Rogers Rudnick Scott Sheheen Spearman Stille Tucker Waites Waldrop White Wilder, J. Wilkes Wilkins Williams Worley
Those who voted in the negative are:
Alexander, M.O. Allison Bailey, J. Baker Barber Brown, H. Cato Chamblee Clyborne Cooper Corning Davenport Felder Gamble Gonzales Graham Hallman Harrell Haskins Holt Huff Hutson Jaskwhich Keegan Kelley Klauber Koon Lanford Law Littlejohn Marchbanks Quinn Riser Robinson Sharpe Shissias Simrill Smith, D. Smith, R. Snow Stone Sturkie Thomas Trotter Vaughn Walker Wells Wilder, D. Witherspoon Wofford Wright Young, A.
So, the House refused to table the amendment.
Rep. HODGES spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Bailey, J. Baker Barber Brown, H. Cato Chamblee Clyborne Cooper Corning Davenport Fair Gamble Gonzales Hallman Harrell Harrelson Holt Huff Hutson Jaskwhich Keegan Kelley Keyserling Koon Marchbanks McElveen McLeod Quinn Riser Robinson Sharpe Snow Stone Stuart Sturkie Thomas Trotter Vaughn Wells Wilder, D. Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, T.C. Anderson Askins Beatty Boan Brown, J. Byrd Carnell Cromer Delleney Elliott Felder Govan Graham Harris, J. Harris, P. Harvin Harwell Hines Hodges Houck Inabinett Jennings Kennedy Kinon Kirsh Klauber Lanford Law Littlejohn Martin McAbee McCraw McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Rudnick Scott Sheheen Simrill Smith, D. Smith, R. Spearman Stille Tucker Waites Waldrop Walker White Wilder, J. Wilkes Wilkins Williams Worley
So, the amendment was rejected.
Reps. COBB-HUNTER, BEATTY, SCOTT and CARNELL proposed the following Amendment No. 109 (Doc Name L:\council\legis\amend\DKA\4380AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 7. Department of Disabilities and Special Needs. By making the Department of Disabilities and Special Needs an independent agency under the control of the State Board of Disabilities and Special Needs. The State Board of Disabilities and Special Needs shall administer and supervise the department. The board is composed of seven members: one 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 Section 2-19-10, et seq. 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.
Rep. HODGES moved to table the amendment.
Rep. KENNEDY 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 Boan Brown, H. Clyborne Cooper Cromer Davenport Delleney Elliott Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harris, P. Haskins Hodges Holt Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Kirsh Koon Law Marchbanks Martin McCraw McKay Meacham Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Sharpe Sheheen Simrill Smith, R. Snow Stone Stuart Thomas Trotter Tucker Vaughn Waldrop Walker Wells Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Barber Beatty Breeland Brown, G. Byrd Carnell Cobb-Hunter Farr Felder Harrelson Harvin Harwell Hines Inabinett Kennedy Keyserling Kinon Klauber McAbee McElveen McLeod McMahand McTeer Moody-Lawrence Neal Rudnick Scott Spearman Stille Sturkie Waites Whipper White Wilder, D. Wilkes Williams
So, the amendment was tabled.
Reps. COBB-HUNTER, BEATTY, SCOTT, ROGERS and BARBER proposed the following Amendment No. 110 (Doc Name L:\council\legis\amend\DKA\4383AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 17. Department of Natural Resources. By making the Department of Natural Resources an independent agency under the control of the Natural Resources Commission. The Natural Resources Commission shall administer and supervise the department. The commission is composed of seven members: one 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 Section 2-19-10, et seq. 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 and moved to table the amendment, which was agreed to.
Reps. COBB-HUNTER, BEATTY and SCOTT proposed the following Amendment No. 111 (Doc Name L:\council\legis\amend\DKA\4382AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 10. Department of Family Services. By making the Department of Family Services an independent agency under the control of the Board of Family Services. The Board of Family Services shall administer and supervise the department. The board is composed of seven members: one 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 Section 2-19-10, et seq. 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.
Rep. JENNINGS moved to table the amendment, which was agreed to by a division vote of 68 to 38.
Rep. WAITES proposed the following Amendment No. 112 (Doc Name L:\council\legis\amend\436\11100AC.93), which was rejected.
Amend the bill, as and if amended, SECTION 6, Department of Commerce, Division of State Development, by deleting item 27 beginning on page 225, line 11, through page 228, line 33.
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. WAITES explained the amendment.
Rep. CLYBORNE moved to table the amendment.
Rep. WAITES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey, J. Baker Boan Brown, H. Brown, J. Carnell Cato Clyborne Cooper Corning Davenport Elliott Fair Felder Gamble Graham Harris, P. Harrison Haskins Hodges Holt Jennings Keegan Kelley Kinon Kirsh Klauber Lanford Law Marchbanks Martin McAbee McCraw McKay Quinn Rhoad Robinson Shissias Smith, D. Stone Stuart Thomas Townsend Trotter Tucker Vaughn Walker Wells Wilder, J. Wilkins Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Barber Beatty Breeland Brown, G. Byrd Chamblee Cromer Delleney Fulmer Gonzales Govan Hallman Harrell Harrelson Harris, J. Harvin Hines Houck Huff Hutson Inabinett Jaskwhich Kennedy Keyserling Koon McElveen McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Richardson Riser Rogers Rudnick Scott Sharpe Sheheen Simrill Smith, R. Snow Spearman Stille Sturkie Waites Waldrop Whipper White Wilder, D. Williams Worley Wright Young, A. Young, R.
So, the House refused to table the amendment.
Rep. HASKINS spoke against the amendment.
The question then recurred to the adoption of the amendment, which was rejected by a division vote of 41 to 62.
Rep. KEYSERLING proposed the following Amendment No. 113 (Doc Name L:\council\legis\amend\17118AC.93), which was tabled.
Amend the bill, as and if amended, by transferring Emergency and Disaster Response from the office of the Governor to the Emergency Preparedness Division under the Adjutant General.
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.
Rep. ROGERS spoke against the amendment.
Rep. ROGERS moved to table the amendment.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey, J. Baker Boan Brown, H. Cato Chamblee Clyborne Cooper Davenport Delleney Elliott Fair Felder Fulmer Gamble Gonzales Hallman Harrell Harris, J. Harris, P. Hodges Huff Hutson Jaskwhich Jennings Keegan Kelley Kirsh Klauber Koon Lanford Littlejohn Marchbanks McCraw McKay Meacham Moody-Lawrence Neilson Quinn Rhoad Richardson Riser Robinson Rogers Simrill Smith, D. Smith, R. Snow Stille Stone Thomas Trotter Tucker Vaughn Walker Wells Wilder, J. Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, J. Byrd Carnell Farr Govan Graham Harrelson Harvin Harwell Haskins Houck Inabinett Kennedy Keyserling Law McAbee McElveen McMahand McTeer Neal Phillips Rudnick Scott Sheheen Spearman Stuart Sturkie Waites Waldrop Whipper White Wilder, D. Wilkes Williams
So, the amendment was tabled.
Rep. KEYSERLING proposed the following Amendment No. 114 (Doc Name L:\council\legis\amend\17120AC.93), which was tabled.
Amend the bill, as and if amended, by transferring Highway Safety Programs from the Division of Public Safety in the Office of the Governor to the Highway Division in the Department of Transportation, as contained in Section 21.
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.
Rep. CLYBORNE moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey, J. Baker Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Elliott Fair Farr Felder Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harris, P. Harrison Hodges Hutson Jaskwhich Jennings Keegan Kelley Kirsh Klauber Koon Lanford Littlejohn Marchbanks McCraw Meacham Neilson Quinn Richardson Riser Robinson Rogers Sharpe Simrill Smith, R. Snow Stille Stone Stuart Thomas Trotter Tucker Vaughn Walker Wells Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Alexander, T.C. Anderson Askins Barber Beatty Boan Breeland Brown, G. Brown, J. Byrd Carnell Delleney Govan Harrelson Harvin Harwell Haskins Hines Houck Inabinett Kennedy Keyserling Law McAbee McElveen McKay McLeod McMahand McTeer Neal Phillips Rhoad Rudnick Scott Sheheen Spearman Waites Waldrop Whipper White Wilder, D. Wilkes Williams
So, the amendment was tabled.
Rep. KEYSERLING proposed the following Amendment No. 115 (Doc Name L:\council\legis\amend\436\11102AC.93), which was tabled.
Amend the bill, as and if amended, by transferring Community Services Programs, the Rental Rehabilitation Program, Medicaid Transportation, Low-Income Weatherization, Low-income Home Energy Assistance Program, and the Emergency Shelter Grants Program from the Office of the Governor to the Department of Family Services, Division of Economic Services, as contained in SECTION 10.
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.
Rep. CLYBORNE moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Baker Brown, H. Cato Chamblee Clyborne Cooper Davenport Fair Farr Felder Fulmer Gamble Gonzales Hallman Harrell Harris, P. Harrison Hodges Hutson Jaskwhich Jennings Keegan Kelley Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McCraw Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Sharpe Simrill Smith, R. Stone Sturkie Thomas Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Alexander, T.C. Anderson Askins Barber Beatty Boan Breeland Brown, J. Byrd Carnell Cromer Delleney Govan Graham Harrelson Harris, J. Harvin Harwell Haskins Hines Houck Inabinett Kennedy Keyserling McAbee McElveen McKay McLeod McMahand McTeer Neal Rudnick Scott Sheheen Snow Spearman Stuart Tucker Waites Waldrop Whipper White Wilder, D. Wilkes Williams
So, the amendment was tabled.
Rep. KEYSERLING proposed the following Amendment No. 116 (Doc Name L:\council\legis\amend\436\11099AC.93), which was tabled.
Amend the bill, as and if amended, by transferring the office of Infant Mortality and the Maternal, Infant and Child Health Council from the office of the Governor to the Department of Health, as contained in SECTION 11.
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 and moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Baker Boan Brown, H. Cato Clyborne Cooper Corning Davenport Elliott Fair Felder Fulmer Gamble Gonzales Hallman Harris, J. Harris, P. Harrison Hines Hutson Jaskwhich Jennings Keegan Kelley Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McCraw Meacham Moody-Lawrence Neilson Quinn Rhoad Richardson Riser Robinson Rogers Sharpe Simrill Smith, D. Smith, R. Stone Stuart Thomas Trotter Tucker Vaughn Waldrop Walker Wilkins Witherspoon Wofford Worley Young, A.
Those who voted in the negative are:
Alexander, T.C. Anderson Barber Beatty Breeland Brown, G. Brown, J. Byrd Carnell Cromer Delleney Farr Graham Harrell Harrelson Harvin Harwell Haskins Houck Inabinett Kennedy Keyserling McElveen McTeer Neal Phillips Rudnick Scott Sheheen Snow Spearman Stille Waites Whipper White Wilder, D. Wilkes Williams
So, the amendment was tabled.
Rep. KEYSERLING proposed the following Amendment No. 117 (Doc Name L:\council\legis\amend\436\11104AC.93), which was tabled.
Amend the bill, as and if amended, by transferring the Developmental Disabilities Council and the Developmental Disabilities Administration from the office of the Governor to the Division of Special Needs in the Department of Disabilities and Special Needs, as contained in SECTION 7.
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 moved to table the amendment, which was agreed to by a division vote of 58 to 23.
Rep. KEYSERLING proposed the following Amendment No. 118 (Doc Name L:\council\legis\amend\436\11103AC.93), which was tabled.
Amend the bill, as and if amended, by transferring the office of Rural Improvement and the office of Small and Minority Business from the office of the Governor to the Department of Commerce, as contained in SECTION 6, as the Division of Rural, Small Business and Minority Business 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. KEYSERLING explained the amendment.
Rep. CLYBORNE moved to table the amendment.
Rep. WHITE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey, G. Bailey, J. Baker Boan Brown, H. Brown, J. Cato Clyborne Cooper Corning Davenport Fair Felder Fulmer Gamble Gonzales Hallman Harris, J. Harris, P. Harrison Hodges Holt Hutson Jennings Keegan Kelley Kirsh Klauber Koon Lanford Littlejohn Marchbanks McCraw McKay Meacham Moody-Lawrence Rhoad Richardson Riser Robinson Rogers Sharpe Shissias Simrill Smith, D. Smith, R. Stone Stuart Thomas Trotter Vaughn Walker Wells Wilder, J. Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Barber Beatty Breeland Brown, G. Byrd Canty Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott Farr Govan Graham Harrell Harrelson Harwell Haskins Hines Houck Huff Inabinett Jaskwhich Kennedy Keyserling Law McElveen McLeod McMahand Neal Neilson Phillips Rudnick Scott Sheheen Snow Spearman Stille Sturkie Townsend Waites Waldrop Whipper White Wilder, D. Wilkes Williams
So, the amendment was tabled.
Rep. KEYSERLING proposed the following Amendment No. 119 (Doc Name L:\council\legis\amend\436\11101AC.93), which was rejected.
Amend the bill, as and if amended, by transferring the office of Energy Programs (the State Energy Conservation Program, the Energy Extension Service, and the Institutional Conservation Program) from the office of the Governor to the Department of Natural Resources, as contained in SECTION 17, as the Energy Conservation Division of the Department of Natural 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. KEYSERLING explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. HARRELSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Barber Beatty Breeland Brown, G. Canty Chamblee Cromer Delleney Govan Harrell Harrelson Harris, J. Harvin Harwell Haskins Hines Houck Inabinett Jennings Kennedy Keyserling Law Martin McElveen McKay McLeod McMahand McTeer Moody-Lawrence Neilson Phillips Rhoad Richardson Rudnick Sheheen Snow Spearman Stille Townsend Trotter Waites Waldrop Whipper White Wilder, D. Wilkes Williams
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, G. Bailey, J. Baker Brown, H. Brown, J. Cato Clyborne Cooper Corning Davenport Elliott Fair Farr Felder Fulmer Gamble Gonzales Graham Hallman Harris, P. Harrison Hodges Holt Huff Hutson Jaskwhich Keegan Kelley Kirsh Klauber Koon Lanford Littlejohn Marchbanks McCraw Meacham Neal Riser Robinson Rogers Scott Sharpe Shissias Simrill Smith, D. Smith, R. Stone Stuart Thomas Tucker Vaughn Walker Wells Wilder, J. Witherspoon Wofford Wright Young, A.
So, the amendment was rejected.
Rep. WILKES moved to rescind Rule 3.9.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Beatty Brown, G. Carnell Corning Davenport Elliott Felder Harrelson Harvin Houck Inabinett McElveen McKay McLeod Spearman Stille Townsend White Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, G. Bailey, J. Baker Barber Breeland Brown, H. Cato Chamblee Clyborne Cooper Cromer Delleney Fair Farr Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harris, P. Harrison Haskins Hines Hodges Holt Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McCraw McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stone Stuart Sturkie Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper Wilder, D. Wilder, J. Witherspoon Wofford Wright Young, A.
So, the House refused to rescind Rule 3.9.
Rep. KEYSERLING proposed the following Amendment No. 120 (Doc Name L:\council\legis\amend\17119AC.93), which was adopted.
Amend the bill, as and if amended, by transferring Criminal Justice and Crime Prevention Programs from the Division of Public Safety in the Office of the Governor to the Office of Attorney General, as contained in Section 23, as the Criminal Justice and Crime Prevention Programs 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. KEYSERLING explained the amendment.
Rep. WELLS moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey, J. Baker Brown, H. Cato Clyborne Cooper Davenport Elliott Fair Fulmer Gamble Gonzales Hallman Hutson Jennings Keegan Kelley Kirsh Klauber Koon Lanford Littlejohn Marchbanks Meacham Moody-Lawrence Riser Robinson Rogers Sharpe Simrill Smith, D. Stone Stuart Thomas Trotter Vaughn Walker Wells Wilkins Witherspoon Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Bailey, G. Barber Beatty Breeland Brown, G. Canty Chamblee Cobb-Hunter Corning Cromer Delleney Farr Govan Graham Harrell Harrelson Harris, J. Harris, P. Harvin Harwell Haskins Hines Holt Houck Huff Inabinett Jaskwhich Kennedy Keyserling Kinon Law Mattos McCraw McElveen McLeod McMahand McTeer Neal Neilson Phillips Richardson Rudnick Scott Sheheen Smith, R. Snow Spearman Stille Sturkie Townsend Tucker Waites Waldrop Whipper White Wilkes Wofford
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. COBB-HUNTER, BEATTY, SCOTT and ROGERS proposed the following Amendment No. 121 (Doc Name L:\council\legis\amend\DKA\4384AL.93), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 31-1-25. There is created a State Housing Commission composed of seven members, one from each congressional district of the State and one from the state at large, all 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. The terms of the members are four years coterminous with the Governor appointing. The commission shall administer and supervise the State Housing Authority and the laws governing housing and community development within Title 31."/
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. GONZALES moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey, G. Bailey, J. Baker Barber Breeland Brown, H. Cato Chamblee Clyborne Cooper Corning Cromer Davenport Delleney Fulmer Gamble Gonzales Graham Harrell Harris, J. Harris, P. Harrison Hodges Holt Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin McCraw McKay Meacham Moody-Lawrence Neilson Quinn Richardson Robinson Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Thomas Trotter Tucker Vaughn Waldrop Walker Wells Whipper Wilder, J. Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, T.C. Anderson Beatty Brown, G. Brown, J. Byrd Cobb-Hunter Elliott Farr Govan Harrelson Harwell Hines Kennedy Keyserling McElveen McLeod McMahand McTeer Neal Phillips Rogers Rudnick Scott Snow Spearman Stille Townsend Waites Wilkes
So, the amendment was tabled.
Reps. WALDROP, RHOAD and J. BROWN proposed the following Amendment No. 122 (Doc Name L:\council\legis\amend\CYY\15263SD.93), which was tabled.
Amend the bill, as and if amended, in Section 10, by removing the Commission on Aging from the Department of Family Services and providing that the Commission on Aging shall remain an independent agency of state government.
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. WALDROP explained the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. JENNINGS moved to table the amendment.
Rep. WALDROP demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey, G. Bailey, J. Baker Beatty Boan Brown, H. Cato Clyborne Cooper Corning Delleney Fulmer Gamble Gonzales Harrell Harris, J. Harrison Harwell Hodges Holt Huff Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Koon Lanford Littlejohn Marchbanks Martin Mattos McCraw McKay McTeer Meacham Moody-Lawrence Quinn Richardson Riser Robinson Sharpe Simrill Smith, D. Smith, R. Stuart Sturkie Thomas Trotter Tucker Vaughn Walker Wells Whipper Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Barber Breeland Brown, G. Brown, J. Byrd Carnell Chamblee Cobb-Hunter Cromer Davenport Elliott Felder Graham Harrelson Harris, P. Harvin Hines Houck Inabinett Kennedy Keyserling Law McAbee McLeod McMahand Neal Neilson Phillips Rhoad Rudnick Scott Sheheen Shissias Stille Stone Townsend Waldrop White Wilder, D. Wilder, J. Wilkes Wilkins Williams
So, the amendment was tabled.
Reps. RUDNICK, G. BROWN, COBB-HUNTER and McTEER proposed the following Amendment No. 123 (Doc Name L:\council\legis\amend\N05\8967BD.93), which was tabled.
Amend the bill, as and if amended, SECTION 1, DEPARTMENTS OF STATE GOVERNMENT, by adding an appropriately lettered subsection to read:
/__. The qualifications for department directors and division deputy directors provided for in Chapter 30, Title 1 of the 1976 Code must be established by the General Assembly by statute before July 1, 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. RUDNICK explained the amendment.
Rep. HODGES moved to table the amendment, which was agreed to by a division vote of 70 to 25.
Reps. RUDNICK, G. BROWN and COBB-HUNTER proposed the following Amendment No. 124 (Doc Name L:\council\legis\amend\N05\8965BD.93), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A state employee terminated as a result of the reorganization of his agency and its budget pursuant to government structural reform through this act shall receive six months notice before termination./
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 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 Barber Brown, H. Cato Clyborne Corning Delleney Elliott Fair Gamble Gonzales Graham Hallman Harrell Harris, P. Harrison Haskins Hodges Holt Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Klauber Koon Lanford Littlejohn Marchbanks McKay McTeer Meacham Moody-Lawrence Quinn Richardson Riser Robinson Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Sturkie Thomas Trotter Tucker Vaughn Walker Wells Wilder, J. Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Askins Bailey, G. Breeland Brown, G. Byrd Chamblee Cobb-Hunter Cooper Farr Govan Harrelson Harris, J. Harwell Hines Inabinett Kennedy Law McCraw McMahand Neal Neilson Phillips Rudnick Scott Snow Spearman Stille Townsend Waites Waldrop Whipper White Wilder, D. Williams
So, the amendment was tabled.
TO: Sandra McKinney
FROM: JOHN TUCKER
DATE: March 10, 1993
Please give me a leave of absence beginning at 3:30 P.M. TODAY for the remainder of the week due to scheduled surgery in Anderson tomorrow.
Thanks.
The SPEAKER granted Rep. TUCKER a leave of absence for the remainder of the day and the remainder of the week.
Reps. RUDNICK, McLEOD and G. BROWN proposed the following Amendment No. 125 (Doc Name L:\council\legis\amend\N05\8969BD.93), which was tabled.
Amend the bill, as and if amended, SECTION 7, DEPARTMENT OF DISABILITIES and SPECIAL NEEDS, by deleting subsection B. DIVISION OF MENTAL RETARDATION.
Amend further, SECTION 1, DEPARTMENTS OF STATE GOVERNMENT, by deleting Section 1-30-30(D).
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. 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, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Boan Breeland Brown, H. Chamblee Clyborne Cooper Cromer Davenport Delleney Elliott Fair Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Hodges Holt Houck Huff Hutson Jaskwhich Jennings Keegan Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McCraw McKay McMahand McTeer Quinn Rhoad Richardson Riser Robinson Sharpe Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Sturkie Thomas Trotter Waldrop Walker Whipper Wilder, J. Wilkins Witherspoon Worley Wright Young, A.
Those who voted in the negative are:
Brown, G. Byrd Cobb-Hunter Farr Harrelson Harwell Hines Inabinett Kennedy Neal Phillips Rudnick Scott Townsend White Williams
So, the amendment was tabled.
Reps. NEAL and COBB-HUNTER proposed the following Amendment No. 128 (Doc Name L:\council\legis\amend\CYY\15287SD.93), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section . The Budget and Control Board shall provide for a consolidated employee employment application process to be used by all state agencies or departments including those affected by the provisions of this act. This consolidated employment application process for state government shall be implemented on January 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. NEAL explained the amendment.
The amendment was then adopted.
Reps. COBB-HUNTER, BEATTY and SCOTT proposed the following Amendment No. 129 (Doc Name L:\council\legis\amend\DKA\4379AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 11. Department of Health. By making the Department of Health an independent agency under the control of the State Board of Health. The State Board of Health shall administer and supervise the department. The board is composed of seven members: one 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 Section 2-19-10, et seq. 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 moved to table the amendment, which was agreed to.
Reps. COBB-HUNTER, BEATTY and SCOTT proposed the following Amendment No. 130 (Doc Name L:\council\legis\amend\DKA\4381AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 21. Department of Transportation. By making the Department of Transportation an independent agency under the control of the Transportation Commission. The Transportation Commission shall administer and supervise the department. The commission is composed of seven members: one 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 Section 2-19-10, et seq. 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 moved to table the amendment, which was agreed to.
Rep. McELVEEN proposed the following Amendment No. 131 (Doc Name L:\council\legis\amend\JIC\5493SD.93), which was tabled.
Amend the bill, as and if amended, by striking Section 1-23-500 of the 1976 Code, as contained in SECTION 2, and inserting:
/Section 1-23-500. There is created the South Carolina Administrative Law Judge Division, which is an agency of the judicial department and as such is considered a part of the unified judicial system. The division consists of a chief administrative law judge and seven associate administrative law judges./
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. McELVEEN explained the amendment.
Rep. HODGES moved to table the amendment.
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, G. Bailey, J. Baker Barber Boan Brown, H. Cato Clyborne Cooper Corning Cromer Elliott Fair Farr Gamble Gonzales Graham Hallman Harrell Harris, J. Harris, P. Harwell Haskins Hodges Holt Huff Hutson Jaskwhich Jennings Keegan Kelley Kirsh Klauber Koon Lanford Littlejohn Marchbanks Martin Mattos McCraw Meacham Phillips Rhoad Riser Robinson Rogers Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stone Stuart Thomas Trotter Vaughn Walker Wells Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Beatty Brown, G. Byrd Canty Carnell Chamblee Cobb-Hunter Davenport Delleney Govan Harrelson Harrison Hines Houck Inabinett Kennedy Keyserling Law McElveen McLeod McMahand McTeer Moody-Lawrence Neal Quinn Richardson Rudnick Scott Stille Waites Whipper White Williams
So, the amendment was tabled.
Rep. McELVEEN proposed the following Amendment No. 132 (Doc Name L:\council\legis\amend\JIC\5494SD.93), which was tabled.
Amend the bill, as and if amended, by striking Section 1-23-510 of the 1976 Code, as contained in SECTION 2, and inserting:
/Section 1-23-510. (A) The judges of the division must be elected and screened by the General Assembly in the same manner circuit judges are elected and screened. They shall each be elected for a term of six years and until their successors are elected and qualify; provided, that of those judges initially elected, the chief judge (Seat 1) and the judges elected to Seats 2 and 3 must be elected for terms of six years, the judges elected to Seats 4, 5, and 6 must be elected for terms of four years, the judges elected to Seats 7 and 8 must be elected for terms of two years. The terms of office of the judges of the division begin on July first of the year of election. The General Assembly during its 1993 session shall initially elect the Administrative Law Judges who shall take office July 1, 1993.
(B) all vacancies in the office of administrative law judge must be filled in the manner of original election. When a vacancy is filled, the judge selected shall hold office only for the unexpired term of his predecessor.
(C) In elections of administrative law judges, race, gender, and other demographic factors including age, residence, type of practice, and law firm size should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this state.
(D) Each judicial seat on the division must be numbered. Elections are required to be for a specific seat. The office of chief administrative law judge is a separate and distinct office for the purpose of an election.
(E) In the event that there is a vacancy in the position of the chief administrative law judge or for any reason the chief administrative law judge is unable to act, his powers and functions must be exercised by the associate administrative law judge occupying Seat 2./
Amend further by striking Section 1-23-550 of the 1976 Code, as contained in SECTION 2, in its entirety.
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. McELVEEN explained the amendment.
Rep. HODGES moved to table the amendment.
Rep. NEAL 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, G. Bailey, J. Baker Barber Boan Brown, H. Carnell Cato Clyborne Cooper Corning Elliott Fair Felder Gamble Gonzales Graham Hallman Harrell Harris, J. Harris, P. Haskins Hodges Holt Huff Hutson Jaskwhich Keegan Kelley Kirsh Klauber Koon Littlejohn McAbee McCraw Meacham Rhoad Riser Robinson Rogers Sharpe Sheheen Shissias Simrill Smith, R. Stone Stuart Thomas Trotter Vaughn Walker Wells Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Beatty Brown, G. Byrd Canty Chamblee Cobb-Hunter Cromer Davenport Delleney Farr Govan Harrelson Harrison Hines Inabinett Kennedy Keyserling Lanford Law McElveen McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Rudnick Scott Smith, D. Spearman Stille Waites Whipper White Williams
So, the amendment was tabled.
Rep. McELVEEN proposed the following Amendment No. 133 (Doc Name L:\council\legis\amend\JIC\5492SD.93), which was tabled.
Amend the bill, as and if amended, by striking Section 1-23-500 of the 1976 Code, as contained in SECTION 2, and inserting:
/Section 1-23-500. There is created the South Carolina Administrative Law Judge Division, which is an independent agency of the government of this State. The division consists of a chief administrative law judge and seven associate administrative law judges./
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. McELVEEN explained the amendment.
Rep. HODGES spoke against the amendment and moved to table the amendment.
Rep. WHITE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 62 to 21.
Rep. McELVEEN proposed the following Amendment No. 134 (Doc Name L:\council\legis\amend\CYY\15260SD.93), which was tabled.
Amend the bill, as and if amended, in Section 8, by placing the Commission on Higher Education and each public institution of higher learning of this State under the Department of Education as divisions thereof.
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. McELVEEN explained the amendment.
Rep. FELDER moved to table the amendment.
Rep. McELVEEN 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. Barber Boan Brown, H. Brown, J. Byrd Carnell Clyborne Cooper Corning Cromer Elliott Fair Farr Felder Gamble Gonzales Graham Harris, J. Harris, P. Harrison Harvin Harwell Hodges Holt Hutson Jennings Keegan Kelley Kinon Kirsh Koon Littlejohn Marchbanks Mattos McAbee McCraw McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Shissias Simrill Smith, R. Stille Thomas Trotter Waites Walker Wells Wilder, J. Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Baker Beatty Brown, G. Canty Cato Chamblee Davenport Delleney Hallman Harrell Harrelson Haskins Hines Houck Inabinett Jaskwhich Keyserling Klauber Lanford Law McElveen McLeod McMahand Neal Quinn Smith, D. Spearman Stone Stuart Vaughn Wilder, D. Williams Worley
So, the amendment was tabled.
I did not vote on #134 since my brother is Commissioner of Higher Education.
Rep. BOB SHEHEEN
Rep. CARNELL proposed the following Amendment No. 136 (Doc Name L:\council\legis\amend\JIC\5523SD.93), which was adopted.
Amend the bill, as and if amended, in SECTION 2(A) by adding Section 1-23-525 to read:
/Section 1-23-525. No member of any General Assembly who is not otherwise prohibited from being appointed to an administrative law judgeship may be appointed to such judgeship while he is a member of the General Assembly and for a period of four years after he ceases to be a member of 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. CARNELL explained the amendment.
Rep. HODGES moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Boan Clyborne Harrison Hodges Jennings Robinson Smith, D. Stuart
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Cooper Cromer Davenport Delleney Elliott Fair Farr Felder Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harvin Haskins Holt Houck Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stone Sturkie Thomas Trotter Vaughn Waites Walker Wells Whipper White Wilder, D. Wilder, J. Williams Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. GRAHAM proposed the following Amendment No. 137 (Doc Name L:\council\legis\amend\CYY\15298SD.93), which was tabled.
Amend the bill, as and if amended, in Section 1 by adding a new section 1-30-12:
/Section 1-30-12. 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 two hundred fifty dollars to any member of the General Assembly within five years of the date the member performs an advice and consent function in regard to that person's appointment to 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. GRAHAM explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. WILKINS moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey, G. Bailey, J. Barber Beatty Boan Breeland Brown, G. Brown, J. Byrd Cato Chamblee Clyborne Cobb-Hunter Delleney Elliott Felder Fulmer Gamble Gonzales Govan Hallman Harris, J. Harrison Harvin Hodges Holt Huff Hutson Inabinett Jennings Kennedy Kinon Kirsh Lanford Littlejohn Marchbanks Martin McCraw McLeod McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Richardson Riser Rogers Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stone Stuart Walker Wells Whipper White Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Baker Brown, H. Canty Cooper Cromer Davenport Fair Graham Harrell Harwell Haskins Hines Houck Jaskwhich Keegan Kelley Keyserling Klauber Koon Law McElveen McMahand Neilson Quinn Robinson Rudnick Stille Thomas Townsend Trotter Vaughn Waites Wilder, D. Williams
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 138 (Doc Name L:\council\legis\amend\DKA\4394AL.93), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. Beginning July 1, 1993, the Legislative Audit Council shall conduct a disparity study of all state departments or agencies at least once every three years. The findings must be reported to the Budget and Control Board and 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. SCOTT explained the amendment.
The SPEAKER granted Rep. WAITES a temporary leave of absence.
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. Allison Askins Bailey, G. Baker Boan Brown, H. Carnell Cato Clyborne Cooper Corning Cromer Delleney Elliott Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Hodges Houck Huff Jaskwhich Jennings Keegan Kinon Kirsh Klauber Koon Lanford Littlejohn Marchbanks Martin McCraw McKay Meacham Neilson Phillips Quinn Rhoad Richardson Riser Robinson Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stone Stuart Trotter Vaughn Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, G. Byrd Canty Cobb-Hunter Davenport Govan Harrelson Harvin Harwell Haskins Hines Inabinett Kennedy Keyserling Law McMahand McTeer Moody-Lawrence Neal Rogers Rudnick Scott Stille White Williams
So, the amendment was tabled.
Rep. McLEOD proposed the following Amendment No. 139 (Doc Name L:\council\legis\amend\DKA\4395AL.93), which was tabled.
Amend the bill, as and if amended, Section 1-30-10, SECTION 1. Departments of State Government. by adding an appropriately lettered subsection to read:
/(__) The Governor may appoint only the agency head for each cabinet department. A job description must be developed for each department head and all deputy directors. No person may be appointed or nominated for a position as a director or head of a department who does not have the qualifications as established by the job description. A person may be exempted from satisfying the qualifications upon a majority vote of the House and the Senate./
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. McLEOD explained the amendment.
Rep. WILKINS spoke against the amendment and moved to table the amendment.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Askins Bailey, G. Baker Barber Brown, H. Cato Clyborne Corning Cromer Davenport Delleney Fair Farr Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, P. Harrison Haskins Hodges Holt Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Koon Lanford Law Littlejohn Marchbanks Martin McKay Meacham Phillips Quinn Rhoad Richardson Riser Robinson Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stone Stuart Trotter Vaughn Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, J. Byrd Canty Carnell Chamblee Elliott Harris, J. Harvin Hines Houck Inabinett McLeod McMahand McTeer Moody-Lawrence Neal Rudnick Scott Stille Whipper White
So, the amendment was tabled.
Rep. J. HARRIS proposed the following Amendment No. 140 (Doc Name L:\council\legis\amend\DKA\4396BD.93), which was adopted.
Amend the bill, as and if amended, SECTION 18, DEPARTMENT OF PARKS, TOURISM and CULTURAL AFFAIRS, beginning on page 2004 and line 42, by striking subsection (C) and inserting:
/C. SOUTH CAROLINA DIVISION OF THE FILM OFFICE
The 1976 Code is amended by adding:
"Section 60-15-100. (A)There is created the South Carolina Division of the Film Office, a division of the Department of Parks, Tourism, and Cultural Affairs. The administration and management of the Division of the Film Office is committed to the deputy director, who serves at the pleasure of the Director of the Department of Parks, Tourism and Cultural Affairs.
(B) The duties of the division include, but are not limited to:
(1) recruit and facilitate motion picture production;
(2) recruit motion picture production and support companies and facilities;
(3) take steps necessary to foster the economic and cultural development of the indigenous motion picture industry.
(C) In accordance with law, the division may:
(1) control the expenditure of public funds appropriated to the department;
(2) enter into contracts, within the amount made available by appropriation for contracts, with individuals, organizations, and institutions for services furthering the objectives of the division's programs, and with local and regional associations for cooperative endeavors furthering the objectives of the division's programs;
(3) accept gifts, contributions, and bequests of an unrestricted nature from individuals, foundations, corporations, and other organizations and institutions for the purpose of furthering the objectives of the division's programs;
(4) purchase and own real and personal property;
(5) make and sign agreements;
(6) perform acts necessary, desirable, or proper to carry out the duties of the division;
(7) request and shall receive from any department or agency of the State assistance and data to enable it to carry out its powers and duties;
(8) receive and disburse funds which may be made available by the federal government for programs related to motion picture production and related activities./
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. J. HARRIS explained the amendment.
The amendment was then adopted.
Reps. COBB-HUNTER, BEATTY, SCOTT and WHITE proposed the following Amendment No. 144 (Doc Name L:\council\legis\amend\DKA\4398AL.93), which was adopted.
Amend the bill, as and if amended, 1-30-10(B), SECTION 1, to read:
/(B) Each department is headed by a director who must be appointed by the Governor by and with the advice and consent of the General Assembly and who shall serve at the will and pleasure of the Governor. In making 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 this State. However, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. Upon nomination by the Governor, each nominee for department director must undergo screening by joint legislative committee pursuant to the provisions of Section 2-19-10, et seq./
Amend further 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. However, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. 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.
The amendment was then adopted.
Rep. TUCKER proposed the following Amendment No. 145 (Doc Name L:\council\legis\amend\DKA\4391AL.93), which was adopted.
Amend the bill, as and if amended, Section 20-7-3220, SECTION 19(C). Division of Youth Services. By striking the last sentence and inserting:
/The department's division's policies and procedures for the provision of intake services shall be reviewed by and subject to the approval of the Board of Juvenile Parole./
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. HASKINS spoke against the amendment.
The amendment was then adopted.
Rep. TUCKER proposed the following Amendment No. 146 (Doc Name L:\council\legis\amend\DKA\4390AL.93), which was adopted.
Amend the bill, as and if amended, SECTION 19(B). Department of Rehabilitation and Corrections, Division of Juvenile Programs. By adding an appropriately numbered item to read:
/(__) The first paragraph of Section 20-7-2095 of the 1976 Code is amended to read:
"The Board of Juvenile Parole (parole board) shall meet monthly, and at other times as may be necessary, to review the records and progress of children committed to the custody of the Board or Department of Youth Services (Department) Division of Juvenile Programs for the purpose of deciding the release or revocation of release of such children. The parole board shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Board of Youth Services Division of Juvenile Programs and may, in its discretion, issue temporary and final discharges or release such persons conditionally and prescribe conditions for such release into aftercare. It shall be the right of any such juvenile to personally appear before the parole board every three months for the purpose of parole consideration, but no such appearance shall begin until the parole board determines that an appropriate period of time has elapsed since the juvenile's commitment. In addition, and at the discretion of the parole board, the quarterly reviews of juveniles committed to the division for having committed a violent offense, as defined in Section 16-1-60, may be waived by the parole board until the juvenile reaches the minimum parole guidelines established for the juvenile by the parole board. In order to allow such reviews and personal appearances by children, the chairman of the parole board may assign the members to meet in panels of not less than three members to receive progress reports and recommendations, review cases, meet with children, meet with counselors, and to hear matters and consider cases for release, parole, and parole revocation. Membership on such panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the parole board. Any panel vote that is not unanimous shall not be considered as a final decision of the parole board and the matter shall be referred to the full parole board, which shall determine the matter by a majority vote of its membership."/
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. HASKINS spoke against the amendment.
The amendment was then adopted.
Rep. TUCKER proposed the following Amendment No. 147 (Doc Name L:\council\legis\amend\DKA\4389AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 19. Department of Rehabilitation and Corrections, Division of Juvenile Programs. By striking the first paragraph of Section 20-7-2125 and inserting:
/Any juvenile, who shall have been conditionally released from a correctional school, shall remain under the authority of the Parole Board until the expiration of the specified term imposed in his conditional aftercare release. The specified period of conditional release may expire before but not after the eighteenth nineteenth birthday of the juvenile. Each juvenile conditionally released shall be subject to the conditions and restrictions of his release and may at any time on the order of the Parole Board be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release./
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. HASKINS spoke against the amendment.
Rep. HARWELL raised the Point of Order that Amendment No. 147 was out of order as it was not germane.
The SPEAKER stated that it was germane and it was in Subsection 11 on page 2114 and he overruled the Point of Order.
Rep. HARWELL spoke against the amendment and moved to table the amendment.
Rep. D. SMITH demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 85 to 2.
Rep. TUCKER proposed the following Amendment No. 148 (Doc Name L:\council\legis\amend\DKA\4388AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 19. Department of Rehabilitation and Corrections, Division of Juvenile Programs. By striking Section 20-7-2115 and inserting:
/Section 20-7-2115. The department Division of Juvenile Programs shall be is charged with the responsibility of making aftercare investigations to determine suitable placement for children considered for conditional release from the correctional schools. The department division shall also have has the responsibility of supervising the aftercare program, making revocation investigations, and submitting findings to the parole board.
The commissioner and such division staff as he shall designate in the performance of their, with duties of investigation, counseling and supervision, and revocation investigations, shall be regarded as are considered official representatives of the parole board.
The commissioner and counsels division staff must abide by shall be subject to the rules and regulations for parole and parole revocation promulgated by the parole board and shall meet with the parole board at its meetings when requested. Community-based counselors, or their supervisors, with assigned clients committed to institutions of the department Division of Youth Services shall periodically visit the institutions in order to counsel their clients and accomplish such the duties as outlined in this subarticle.
Employees of the department that serve as counselors for the purpose of presenting juvenile progress reports and release recommendations to the parole board and the immediate supervisor of these employees shall be employed by the Commissioner with the advice and consent of the Parole Board. The service of these employees in such capacity shall continue at the pleasure of the Parole Board.
Recognizing the need to maintain autonomy and to provide a check and balance system, the Board of Juvenile Parole shall employ a Director of Parole and other staff necessary to carry out the duties of parole examinations, victim liaison, and revocation hearings. The director serves at the will and pleasure of the Board of Juvenile Parole. All staff are employees of the Board of Juvenile Parole and are directly responsible to the Board of Juvenile Parole both administratively and operationally. Funds allocated for the functions designated in this section must be incorporated as a line item within the department's budget.
The department shall continue to provide the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions."
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. JENNINGS moved to table the amendment, which was agreed to.
Rep. JENNINGS proposed the following Amendment No. 149 (Doc Name L:\council\legis\amend\CYY\15246SD.93), which was adopted.
Amend the bill, as and if amended, by transferring the State Office of Victim's Assistance and the Victim's Compensation Fund from the Attorney General's Office, as contained in Section 23, to the Governor's Office, as contained in Section 22, as a division thereof.
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. JENNINGS explained the amendment.
The amendment was then adopted.
Reps. WILKINS, CLYBORNE and BEATTY proposed the following Amendment No. 150 (Doc Name L:\council\legis\amend\DKA\4400SD.93), which was tabled.
Amend the bill, as and if amended, in Section 1-30-10 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (I) to read:
/(I) No director, department, constitutional officer, agency or entity of the State shall hire, retain, or contract with a lobbyist, as defined in Section 2-17-10, to perform lobbying services on behalf of the department or entity.
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. WILKINS explained the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. J. BAILEY moved to table the amendment.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Askins Bailey, G. Bailey, J. Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Corning Davenport Delleney Elliott Farr Felder Gamble Gonzales Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Hines Hodges Holt Houck Hutson Inabinett Jennings Keegan Kelley Kennedy Kinon Lanford Law Martin Mattos McAbee McCraw McLeod McTeer Moody-Lawrence Neilson Phillips Rhoad Richardson Riser Rogers Rudnick Scott Sheheen Shissias Smith, D. Snow Spearman Sturkie Thomas Walker Whipper Wilder, J. Wilkes Williams Witherspoon Wright Young, R.
Those who voted in the negative are:
Alexander, T.C. Allison Anderson Baker Canty Cato Chamblee Clyborne Cooper Cromer Fair Fulmer Graham Hallman Harrell Haskins Huff Jaskwhich Keyserling Kirsh Klauber Koon Marchbanks McElveen McMahand Meacham Neal Quinn Robinson Sharpe Simrill Smith, R. Stille Stone Stuart Townsend Trotter Vaughn Wells Wilder, D. Wilkins Wofford Worley Young, A.
So, the amendment was tabled.
Reps. WILKINS, CLYBORNE and BEATTY proposed the following Amendment No. 151 (Doc Name L:\council\legis\amend\DKA\4408SD.93), which was tabled.
Amend the bill, as and if amended, in Section 1-30-10 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (I) to read:
/(I) No department, division, agency, director, or deputy director of the State shall hire, retain, or contract with a lobbyist, as defined in Section 2-17-10, to perform lobbying services on behalf of the department, division, or agency if the lobbyist is not a full-time employee of the State./
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. WILKINS moved to table the amendment, which was agreed to.
Rep. TOWNSEND proposed the following Amendment No. 154 (Doc Name L:\council\legis\amend\BBM\10340RF.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.
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 moved to table the amendment, which was agreed to.
The SPEAKER granted Reps. CANTY, McMAHAND and ANDERSON a leave of absence to attend church functions for the remainder of the day.
Rep. McLEOD proposed the following Amendment No. 201 (Doc Name L:\council\legis\amend\JIC\5512HC.93), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. There is established the Zero-Based Budget Review Committee consisting of one member of each standing committee of the House of Representatives appointed by the committee chairman. This committee shall review the zero-based budgets of the State Department of Education and the Department of Highways and Public 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. McLEOD explained the amendment.
Rep. KIRSH moved to table the amendment.
Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Askins Baker Boan Breeland Brown, H. Carnell Cato Chamblee Clyborne Cooper Cromer Delleney Felder Fulmer Gamble Gonzales Govan Graham Hallman Harris, P. Harrison Harwell Hodges Holt Huff Hutson Inabinett Jaskwhich Jennings Kinon Kirsh Klauber Law Littlejohn Marchbanks Mattos McAbee McCraw McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Sturkie Thomas Trotter Vaughn Waldrop Walker Wells Whipper Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Alexander, T.C. Anderson Bailey, J. Brown, G. Brown, J. Byrd Cobb-Hunter Davenport Elliott Fair Harrelson Harvin Haskins Hines Houck Keegan Kelley Keyserling Lanford McElveen McLeod McMahand Neal Rudnick Scott White Young, R.
So, the amendment was tabled.
Rep. McLEOD proposed the following Amendment No. 202 (Doc Name L:\council\legis\amend\JIC\5510HC.93), which was tabled.
Amend the bill, as and if amended, by deleting provisions spreading the functions of the South Carolina Department of Highways and Public Transportation among the Department of Revenue, Department of Transportation, and Department of Law Enforcement.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Amend further, by adding an appropriately numbered section to read:
/SECTION ___. Section 57-3-410 of the 1976 Code is amended to read:
"Section 57-3-410. The Executive Director of the Department of Highways and Public Transportation shall must be appointed by the State Highway and Public Transportation Commission State Budget and Control Board to serve for a four-year term. A person appointed to this position shall be a citizen of practical and successful business and executive ability. His compensation shall be fixed by the Commission. The right to remove or discharge a person holding the position of Executive Director of the Department of Highways and Public Transportation shall be is reserved to the Commission State Budget and Control Board./
Amend further, by adding an appropriately numbered SECTION to read:
/SECTION ___. Chapter 5, Title 23 of the 1976 Code is amended to read:
Section 23-5-10. The law enforcement division of the State Highway Department shall be named and known as the 'South Carolina Highway Patrol' is a subdivision of the South Carolina Law Enforcement Division, is under its direct supervision and control, and shall consist consists of such patrolmen the troopers, officers, agents, and employees as the Department may deem division considers necessarily proper for the enforcement of the traffic and other related laws, the enforcement of which is devolved upon the Department division. Such officers and patrolmen shall be commissioned by the Governor upon the recommendation of the Chief Highway Commissioner. Such commissions may be terminated at the pleasure of the Chief Highway Commissioner.
Section 23-5-20. Every officer and patrolman commissioned pursuant to this chapter shall file a bond, or be covered by a surety bond, in the amount of not less than two thousand dollars with the Department, subscribed by some duly licensed surety company, conditioned for the faithful performance of his duties, for the prompt and proper accounting of all funds coming into his hands and for the payment of any judgment recovered against him in any court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power and damages sustained by any member of the public from any unlawful act of such officer or patrolman; provided, that coverage under such bond shall not include damage to persons or property arising out of the negligent operation of a motor vehicle. Such bond may be individual, schedule or blanket and on a form approved by the Attorney General. The premiums on such bonds shall be paid by the Department out of the State highway fund.
Section 23-5-30 23-5-20. The Department South Carolina Law Enforcement Division may provide such the officers and patrolmen troopers with distinctive uniforms and suitable arms and equipment for use in the performance of their duties. Such The officers and patrolmen troopers shall at all times, when in the performance of their duties, shall wear complete uniforms with badges conspicuously displayed on the outside of their uniforms.
Section 23-5-31. The Director Chief of the South Carolina Law Enforcement Division of the South Carolina Department of Highways and Public Transportation (director), with the approval of the Executive Director of the Department of Highways and Public Transportation, shall prescribe a unique and distinctive official uniform, with appropriate insignia to be worn by all officers of the South Carolina Highway Patrol when on duty and at such other times as the director shall order, chief orders and a distinctive color or colors and appropriate emblems for all motor vehicles used by such the highway patrol except those designated by the director chief. No other law enforcement agency, private security agency, or any person shall may wear a similar uniform and insignia which may be confused with the uniform and insignia of the highway patrol nor shall any. An emblem must not be used on a motor vehicle nor shall it, and a motor vehicle must not be painted in a color or in any a manner which would cause the vehicle to be similar to a highway patrol vehicle or readily confused therewith with it.
Section 23-5-32. The director chief shall file with the Secretary of State and Legislative Council for publication in the State Register a description and illustration of the official highway patrol uniform with insignia and the emblems of the official highway patrol uniforms and motor vehicles and a description of including the color of such uniforms and vehicles.
Section 23-5-33. In order to carry out the provisions of Sections 23-5-31 to 23-5-34 in an orderly and economical manner, it is intended that all serviceable uniforms be continued in use until such time as the director deems chief considers it necessary for them to be replaced. These provisions shall also apply to the emblems for motor vehicles.
Section 23-5-34. Any A violation of Sections 23-5-31 to 23-5-34 may be enjoined by the court of common pleas upon petition of the director Chief of the law enforcement division South Carolina Law Enforcement Division after due notice to the person violating the provisions of the Sections 23-5-31 to 23-5-34 sections and after a hearing on the petition.
Section 23-5-40. The patrolmen troopers and officers of the South Carolina Highway Patrol shall patrol the highways of the State for the purpose of enforcing to enforce the laws of the State relative to highway traffic and motor vehicles. Such The officers and patrolmen shall troopers have the same power to serve criminal processes against offenders as sheriffs of the various counties and also the same power as such the sheriffs to arrest without warrants and to detain persons found violating or attempting to violate any the laws of the State relative to highway traffic and motor vehicles. Such The officers and patrolmen troopers shall also have the same power and authority held by deputy sheriffs for the enforcement of the criminal laws of the State.
Section 23-5-50. When any a person is apprehended by a patrolman trooper upon a charge of violating any a traffic or other law, the enforcement of which by a patrolman trooper is authorized by law, the person so being charged, upon being served with the official summons issued by such the arresting patrolman trooper, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance or incarceration, may deposit with the apprehending patrolman trooper a sum of money as bail, not less than the minimum nor more than the maximum fine, but in no case to exceed not more than two hundred dollars, to be in due course turned over to the judicial officer as money for bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such the sum so deposited shall must be given to such the person by such the arresting officer. The summons duly served as herein provided shall give in this section gives the judicial officer jurisdiction to dispose of the matter. Upon receipt of the fixed sum of money the patrolman trooper may release the person so charged as above provided for his further appearance before the proper judicial officer as provided for and required by the summons.
Section 23-5-60. The patrolmen shall troopers, upon request of any a sheriff, shall assist such sheriff him in the solution of any a crime and the apprehension of any a law violator."
SECTION 4. (A) Section 57-3-10 of the 1976 Code is amended to read:
"Section 57-3-10. There is hereby established as an administrative agency of the state government the South Carolina Department of Highways and Public Transportation. Its functions and purposes shall be are the systematic planning, construction, maintenance, and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws, and other laws relating to such subjects, the coordination of all state and federal programs relating to public transportation among the departments, agencies, and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law, except that the department shall may not be charged with any duties or responsibilities delegated by law to the Public Service Commission."
(B) Section 57-3-30 of the 1976 Code is amended to read:
"Section 57-3-30. A. The department must be divided into such divisions as the Commission or the Executive Director of the Department of Highways and Public Transportation may prescribe prescribes but shall consist of at least four three principal divisions;, one of which shall be is the engineering division, another the motor vehicle division, another the law enforcement division, and another the public transportation division. The motor vehicle division and the law enforcement division may be combined under one director. Other ancillary or service divisions may be set up by the department as may be necessary for the efficient and economical operation of the department and to carry out the functions and purposes of the department. The department is also authorized to process all payments for goods and services for the Interagency Council on Public Transportation.
B. The department is authorized to develop a general public transportation plan and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of public transportation systems, both public and private. All departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities shall cooperate with the department, provide assistance, data, and advice upon request."
(C) Section 57-3-610 of the 1976 Code is amended to read:
"Section 57-3-610. The Department of Highways and Public Transportation may:
(1) lay out, build, and maintain public highways and bridges;
(2) acquire such lands and road-building materials and rights-of-way as may be needed for roads and bridges by purchase, gift, or condemnation;
(3) cause the state highways to be marked with appropriate directions for travel and regulate the travel and traffic along such the highways, subject to the laws of the State;
(4) initiate and conduct research programs and pilot projects to further research and development, and promote training of personnel in the fields of planning, construction, maintenance, and operation of the state highway system, the regulation of traffic thereon on them, the administration and enforcement of traffic, driver and motor vehicle laws, and public transportation;
(5) cooperate with the federal government in the construction of federal-aid highways, in the development of improved public transportation service, facilities, equipment, techniques and methods, and in planning and research in connection therewith with it; and seek and receive such federal aid and assistance as may from time to time may become available except for funds designated by statute to be administered by the Chief Executive Officer of the State;
(6) instruct, assist, and cooperate with the agencies, departments, and bodies politic and legally constituted agencies of the State in street, highway, traffic, and public transportation matters when requested to do so, and, if requested by such the government authorities, supervise or furnish engineering supervision for the construction and improvement of roads and bridges, provided such the duties do not impair the attention to be given the highways in the state highway system;
(7) carry out highway and public transportation safety programs;
(8) license and register motor vehicles and administer the collection of license and registration fees and penalties;
(9) examine and license motor vehicle drivers;
(10) engage in driver training and safety activities;
(11) Enforce the traffic, motor vehicle and related laws;
(12) promulgate such rules and regulations for the administration and enforcement of the powers delegated to department by law, which rules and regulations shall have the full force and effect of law upon filing according to law; and
(13)(12) do all other things required or provided by law."
(D) The 1976 Code is amended by adding:
"Section 57-3-615. The Department of Highways and Public Transportation must service and maintain all motor vehicles operated by the South Carolina Law Enforcement Division and its subdivisions."/
Amend further, by adding an appropriately numbered SECTION to read:
/SECTION ___. (A) Notwithstanding any other provision of law, all revenues credited to the State Highway Fund pursuant to Title 56 of the 1976 Code as of June 30, 1993, must thereafter be credited to the general fund of the State, except that revenues derived from the provisions of Sections 56-1-390, 56-5-640, 56-3-660, and 53-3-670 of the 1976 Code must be credited to a separate fund and used, together with any funds so appropriated by the General Assembly, for the operation of the Highway Patrol.
(B) All gasoline taxes and other motor fuels taxes collected and credited to the State Highway Fund as of June 30, 1993, except those imposed pursuant to Section 12-27-240 of the 1976 Code and Article 13, Chapter 27, Title 12 of the 1976 Code, must thereafter be credited to the general fund of the State and the taxes so credited are considered to be levied for the general operations of state government.
(C) The Department of Highways and Public Transportation shall expend funds credited to the State Highway Fund before it may expend funds appropriated to it from the general fund of the State.
(D) The Department of Highways and Public Transportation shall implement zero-based budgeting no later than the budget process for fiscal year 1995-96./
Renumber sections to conform.
Amend title to conform.
Rep. McLEOD explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment, which was agreed to.
Reps. McLEOD and G. BROWN proposed the following Amendment No. 203 (Doc Name L:\council\legis\amend\CYY\15303SD.93), which was tabled.
Amend the bill, as and if amended, by striking Section 2 which established the Administrative Law Judge Division and made other changes in the Administrative Procedures Act, and providing that the promulgation and review of regulations shall be as now provided by law with the board or commission of each agency or department being retained to perform its functions and duties as now 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. McLEOD explained the amendment.
Rep. HODGES moved to table the amendment, which was agreed to.
Reps. McLEOD and G. BROWN proposed the following Amendment No. 204 (Doc Name L:\council\legis\amend\CYY\15304SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Public Education of the department of Department of Education is deleted from the bill and returned to the agency, department, or entity in which it was originally contained with this agency, department, or entity being made an independent agency, department, or entity, as applicable, of state government.
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. McLEOD moved to table the amendment, which was agreed to.
Reps. McLEOD and G. BROWN proposed the following Amendment No. 205 (Doc Name L:\council\legis\amend\CYY\15304SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Meat/Poultry Inspections of the department of Department of Agriculture is deleted from the bill and returned to the agency, department, or entity in which it was originally contained with this agency, department, or entity being made an independent agency, department, or entity, as applicable, of state government.
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. McLEOD moved to table the amendment, which was agreed to.
Reps. McLEOD and G. BROWN proposed the following Amendment No. 206 (Doc Name L:\council\legis\amend\CYY\15304SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Livestock/Poultry Health of the department of Department of Agriculture is deleted from the bill and returned to the agency, department, or entity in which it was originally contained with this agency, department, or entity being made an independent agency, department, or entity, as applicable, of state government.
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. McLEOD moved to table the amendment, which was agreed to.
Rep. McELVEEN moved that the House recede for five minutes, which was rejected.
Rep. McELVEEN proposed the following Amendment No. 209 (Doc Name L:\council\legis\amend\BBM\10346SD.93).
Amend the bill, as and if amended, by striking Section 1 and inserting:
/(A) Notwithstanding any other provision of law, the Budget and Control Board shall consist of the Governor, Lieutenant Governor, and other constitutional officers of this State. The following agencies and departments of state government shall be supervised by and under the jurisdiction of the members of the Budget and Control Board as indicated:
Governor
State Development Board
Coordinating Council for Economic Development
Research Authority
Railways Commission
Department of Highways and Public Transportation - not including Highway Patrol and Division of Motor Vehicles
South Carolina Commission on Alcohol and Drug Abuse
Department of Health and Environmental Control
Department of Mental Health
Continuum of Care
Department of Mental Retardation
Commission for the Blind
Commission on Aging
Department of Social Services
Foster Care Review Board
Housing Authority
Budget and Control Board - Division of Motor Vehicle Management
Aeronautics Commission
State Ports Authority
Savannah Valley Authority
Jobs-Economic Development Authority
Governor's School for Science and Math
Lieutenant Governor
Department of Parks, Recreation and Tourism
Department of Archives
Arts Commission
Columbia Quincentennial Commission
Commission on Women
State Library
State Museum
Old Exchange Building Commission
South Carolina Public Service Authority
Attorney General
Department of Corrections
Department of Youth Services
Department of Probation, Pardons and Parole
State Law Enforcement Division
Highway Patrol
Alcohol Beverage Control - Law Enforcement
Law Enforcement Hall of Fame
Law Enforcement Training Council
Public Service Commission-Law Enforcement Department
Budget and Control Board - Fire Marshal
Sentencing Guidelines Commission
State Office of Victim's Assistance
Department of Consumer Affairs
Prosecution Coordination Commission
Office of Appellate Defense
Guardian Ad Litem
Comptroller General
Tax Commission
Alcohol Beverage Control Commission - Licensing Functions
Department of Highways and Public Transportation - Division of Motor Vehicles
Health and Human Services Finance Commission
State Treasurer
Department of Insurance
Patient's Compensation Fund
Workers' Compensation Commission - Administration
Second Injury Fund
Workers' Compensation Fund
Board of Financial Institutions
Adjutant General
Department of Veteran Affairs
Patriots Point Authority
Confederate Relic Room
Secretary of State
Public Service Commission - except law enforcement department
Employment Security Commission
Professional and Occupational Licensing Agencies
Department of Labor
Budget and Control Board - Fire Marshall
Superintendent of Education
Department of Education
Wil Lou Gray Opportunity School
Commission on Higher Education
Each State Institution of Higher Learning
State Board for Technical and Comprehensive Education
John De La Howe School
Educational Television Commission
School for Deaf and Blind
Commission of Agriculture
Department of Agriculture
Department of Wildlife and Marine Resources
Clemson PSA - Regulatory
Coastal Council
Land Resources Conservation Commission
B&C Board - Geological Mapping
Migratory Waterfowl Commission
Water Resources Commission
Sea Grant Consortium
Forestry Commission
(B) Notwithstanding any other provisions of law, successors to members of the governing boards and commissions, if any, of the agencies and departments referred to in subsection (A), at the conclusion of their current term shall be appointed by the Governor upon the advice and consent of the General Assembly to serve at his pleasure./
Amend the bill further, as and if amended, by striking Section 2 which established the Administrative Law Judge Division and made other changes in the Administrative Procedures Act, and providing that the promulgation and review of regulations shall be as now provided by law with the board or commission of each agency or department being retained to perform its functions and duties as now provided by law.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions, with terms to take effect six months after the Governor signs.
Amend the bill, as and if amended, in Section 9, relating to the Department of Environmental Regulation by providing that the Department of Environmental Regulation shall be an independent entity of state government with its director appointed by the Governor with the advice and consent of the General Assembly for a term of four years and until his successor is appointed and qualifies.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Effective date six months after Governor signs.
Amend the bill, as and if amended, by adding the following new section to be appropriately numbered, which shall read:
/SECTION ___. (A) The 1976 Code is amended by adding:
"Section 11-11-15. The functions of the State Budget and Control Board in the preparation and submission to the General Assembly of the recommended state budget are devolved upon the Governor. Wherever the phrase 'State Budget and Control Board' appears in the context of preparing and submitting budget recommendations to the General Assembly, it means the Governor. In preparing the recommended state budget, the Governor shall consult with the State Treasurer and the Comptroller General. The Budget Division of the State Budget and Control Board shall assist the Governor in preparing the budget recommendations, but this function of the Budget Division may not be construed as altering the overall management and administration of the Budget Division as an Entity of the State Budget and Control Board.
(B) The provisions of this section first apply for the budget recommendation for fiscal year 1995-96.The Governor in submitting his executive budget for the fiscal year 1995-96 shall reflect at least a four percent reduction in total state expenditures as compared to the year 1993-94 through savings realized through consolidation of functions, avoidance of duplications, efficiency, and economics of scale, and a reduction in the size of state government./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Amend the bill, as and if amended, by adding the following new SECTIONS to be appropriately numbered, which shall read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 11-11-140. (A) After the Capital Reserve Fund has been exhausted for the purpose of offsetting midyear budget reductions, the State Budget and Control Board may reduce appropriations as provided in this section for the purpose of avoiding a year-end deficit. Every annual general appropriations act must contain a provision establishing a priority for expenditure reductions which the board must follow in ordering midyear reductions. Total appropriations must be identified and segregated in categories A, B, and C with A representing the highest and most protected category and C representing the lowest priority. Appropriations in each category, beginning with category C, must be reduced on a pro rata basis until appropriations are equal to or less than revenues. Reductions may not be ordered in a higher priority category until all appropriations in lower priority categories have been eliminated.
(B) Notwithstanding the provisions of this section, general fund appropriations for debt service are exempt from board-ordered reductions.
Section 11-11-150. Except where otherwise provided by law for a specific state agency, state agencies may carry forward to the succeeding fiscal year eighty percent of unexpended appropriations. These carryforward funds may be used for any purposes for which other funds are appropriated for the use of the agency.
Section 11-11-160. State agencies may consolidate existing full-time equivalent positions (FTE's) authorized for the agency and redistribute the applicable salary funds in the manner the agency head determines the most efficient use of such funds, including salary increases. If a salary increase for a classified employee exceeds the salary range authorized for the classification, the position must be reclassified to reflect the higher salary."
SECTION ___. The provisions of Sections 11-11-140, 11-11-150, and 11-11-160 of the 1976 Code, as added by this act, take 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. McELVEEN explained the amendment.
Rep. HODGES moved to adjourn debate upon the amendment, which was adopted.
Rep. McELVEEN proposed the following Amendment No. 210 (Doc Name L:\council\legis\amend\CYY\15293SD.93), which was tabled.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section ____. The Budget and Control Board in conjunction with each department head shall develop and implement by January 10, 1995, a plan to prevent health care costs in this State from increasing by more than the rate of inflation by the year 2000. The Budget and Control Board shall submit an interim report to the General Assembly on the first day of the 1994 session, and the final implementation must be as above provided./
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. McELVEEN explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 210 was out of order as it was not germane in that the main thrust of the Bill was restructuring and the main thrust of the amendment was health care cost.
Rep. McELVEEN argued contra the Point in stating that the amendment was germane, citing page 20, line 42 of the Bill, Section 1-30-10, Subsection H, which stated that the Department Directors and Constitutional Officers must give reports on how to save money. He further stated that the amendment was just another way to save money and it dealt with the duties of Department heads that are being created under this Bill.
SPEAKER Pro Tempore WILKINS stated that it was germane and he overruled the Point of Order.
Rep. FAIR moved to table the amendment.
Rep. McELVEEN 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. Carnell
Cato Clyborne Cooper
Corning Cromer Elliott
Fair Farr Felder
Fulmer Gamble Gonzales
Graham Hallman Harrell
Harris, J. Harris, P. Harrison
Haskins Hodges Hutson
Jaskwhich Jennings Keegan
Kelley Kinon Kirsh
Klauber Koon Lanford
Law Littlejohn Marchbanks
Martin Mattos McAbee
McKay Meacham Phillips
Richardson Riser Robinson
Rogers Sharpe Sheheen
Shissias Smith, D. Smith, R.
Sturkie Thomas Townsend
Trotter Vaughn Waldrop
Walker Wells Wilder, J.
Wilkins Witherspoon Wofford
Worley Wright Young, A.
Those who voted in the negative are:
Breeland Brown, G. Brown, J.
Chamblee Cobb-Hunter Davenport
Delleney Govan Harrelson
Harvin Harwell Hines
Houck Huff Inabinett
Kennedy Keyserling McElveen
McLeod McTeer Moody-Lawrence
Neal Neilson Rudnick
Scott Snow Spearman
Stille Stone Stuart
Whipper White Wilder, D.
Wilkes Williams
So, the amendment was tabled.
Rep. McELVEEN proposed the following Amendment No. 211 (Doc Name L:\council\legis\amend\CYY\15290SD.93), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section ____. The Governor, department heads, and constitutional officers shall develop a unitary permit process by January 1, 1994, which affected state agencies and departments shall use beginning on this date./
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. McELVEEN explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. McELVEEN demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 58 to 19.
Rep. McELVEEN proposed the following Amendment No. 212 (Doc Name L:\council\legis\amend\CYY\15291SD.93), which was tabled.
Amend the bill, as and if amended, in Section 9, relating to the Department of Environmental Regulation by providing that the Department of Environmental Regulation shall be an independent entity of state government with its director appointed by the Governor with the advice and consent of the General Assembly for a term of four years and until his successor is appointed and qualifies.
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. McELVEEN explained the amendment.
Rep. HODGES moved to table the amendment, which was agreed to.
Rep. McELVEEN proposed the following Amendment No. 213 (Doc Name L:\council\legis\amend\CYY\15294SD.93), which was rejected.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section ____. The Governor, the department heads, and constitutional officers shall reduce the size and cost of state government sufficiently to eliminate the sales tax on food and the remaining sales taxes on prescription drugs by the year 2000. A plan to accomplish the above developed by these officials and coordinated by the Governor shall be presented to the General Assembly not later than January 31, 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. McELVEEN explained the amendment.
Rep. HUFF raised the Point of Order that Amendment No. 213 was out of order as it was not germane as the substantial impact was to eliminate sales tax.
Rep. McELVEEN argued contra the Point, citing page 20, line 42 of the Bill, Section 1-30-10. He further stated that this was just another way to save money and considering the ruling on the health care cost amendment, then this amendment would be germane.
Rep. CLYBORNE stated that the practical effect would be the reduction of sales tax.
Rep. HASKINS stated that it was germane and that the effect was not in question, but only to reduce the size of state government.
Rep. GONZALES argued that it was germane in stating that the Bill directed a number of reports and plans and this was just another one.
SPEAKER Pro Tempore WILKINS stated that it pertained to the requirement of another report but only different subject matter and that it was germane and he overruled the Point of Order.
Rep. BOAN moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Boan Brown, H.
Clyborne Felder Harris, J.
Hodges Huff Jaskwhich
Kirsh Klauber Koon
Martin Mattos Sharpe
Sheheen Waldrop Wilder, J.
Wilkins Witherspoon Wofford
Those who voted in the negative are:
Alexander, M.O. Allison Askins
Bailey, J. Baker Barber
Beatty Breeland Brown, G.
Brown, J. Byrd Carnell
Cato Chamblee Cooper
Corning Cromer Davenport
Delleney Elliott Fair
Farr Fulmer Gamble
Gonzales Govan Graham
Hallman Harrell Harrelson
Harris, P. Haskins Hines
Holt Houck Hutson
Inabinett Jennings Keegan
Kelley Kennedy Keyserling
Kinon Lanford Law
Littlejohn Marchbanks McAbee
McCraw McElveen McKay
McLeod McTeer Meacham
Moody-Lawrence Neal Neilson
Phillips Quinn Richardson
Riser Robinson Rudnick
Scott Shissias Simrill
Smith, D. Smith, R. Snow
Spearman Stille Stone
Stuart Sturkie Townsend
Trotter Vaughn Waites
Walker Wells Whipper
White Wilder, D. Wilkes
Williams Wright Young, A.
Young, R.
So, the House refused to table the amendment.
Reps. HUFF and BOAN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Beatty Breeland
Brown, G. Brown, J. Byrd
Cato Chamblee Cooper
Davenport Delleney Elliott
Fair Govan Harrell
Harrelson Harvin Haskins
Hines Houck Hutson
Inabinett Keegan Kelley
Kennedy Keyserling Littlejohn
McElveen McLeod McTeer
Meacham Moody-Lawrence Neal
Quinn Richardson Rudnick
Scott Simrill Snow
Spearman Stille Stone
Townsend Vaughn Waites
Walker Whipper White
Wilder, D. Wilkes Williams
Worley Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison
Askins Bailey, J. Boan
Brown, H. Carnell Clyborne
Corning Cromer Farr
Felder Fulmer Gamble
Gonzales Graham Hallman
Harris, J. Harris, P. Harrison
Harwell Hodges Holt
Huff Jaskwhich Jennings
Kinon Kirsh Klauber
Koon Lanford Law
Marchbanks Martin Mattos
McAbee McCraw McKay
Neilson Phillips Rhoad
Riser Robinson Rogers
Sharpe Sheheen Shissias
Smith, D. Smith, R. Stuart
Sturkie Thomas Trotter
Waldrop Wells Wilder, J.
Wilkins Witherspoon Wofford
Wright Young, R.
So, the amendment was rejected.
Rep. STURKIE moved to reconsider the vote whereby Amendment No. 211 was adopted.
Rep. HARRELSON moved to table the motion to reconsider.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Askins Baker
Barber Breeland Brown, G.
Brown, J. Byrd Carnell
Cato Chamblee Cobb-Hunter
Cooper Cromer Delleney
Elliott Felder Govan
Harrell Harrelson Harris, P.
Harvin Haskins Hines
Hodges Holt Houck
Inabinett Jaskwhich Kelley
Kennedy Keyserling Kinon
Kirsh Lanford Mattos
McAbee McElveen McLeod
McTeer Moody-Lawrence Neal
Neilson Richardson Rudnick
Scott Snow Spearman
Stille Stone Stuart
Townsend Vaughn Waites
Waldrop Whipper White
Wilder, D. Wilder, J. Williams
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, J.
Beatty Brown, H. Clyborne
Corning Davenport Fair
Farr Fulmer Gamble
Gonzales Graham Hallman
Harris, J. Huff Hutson
Keegan Klauber Koon
Law Littlejohn Marchbanks
McCraw Meacham Phillips
Quinn Rhoad Riser
Robinson Rogers Sharpe
Sheheen Shissias Simrill
Smith, D. Smith, R. Sturkie
Thomas Trotter Walker
Wells Wilkes Wilkins
Witherspoon Wofford Worley
Wright Young, A. Young, R.
So, the motion to reconsider was tabled.
Rep. ASKINS moved to reconsider the vote whereby Amendment No. 24 was tabled.
Rep. FELDER moved to adjourn debate upon the motion to reconsider, which was adopted.
Rep. McELVEEN proposed the following Amendment No. 214 (Doc Name L:\council\legis\amend\CYY\15292SD.93), which was ruled out of order.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/Section ____. The Governor, and applicable department heads and constitutional officers shall develop a plan which shall be presented to the General Assembly not later than September 1, 1995, to bring the tuition at the public institutions of higher learning in this State below the southeastern average of comparable institutions by the year 2000. An interim report regarding this plan must be made to the General Assembly on January 31, 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. McELVEEN explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 214 was out of order as it was not germane in that the main thrust of the Bill dealt with restructuring and the amendment dealt with higher education and the question of monetary savings generated by the Bill.
Rep. McELVEEN argued contra the Point in stating that under the rulings by the Speaker Pro Tempore previously, that this amendment would be germane.
The SPEAKER stated that the previous rulings on amendments by the Speaker Pro Tempore dealt with savings and the size of state government and that this amendment did not do that and that this amendment dealt with tuition that was charged to individuals who take advantage of institutions of higher learning. He further stated that there was nothing in the Bill that dealt with institutions of higher education and he sustained the Point of Order and ruled the amendment out of order.
Reps. ROGERS, WHIPPER, JENNINGS and WHITE proposed the following Amendment No. 215 (Doc Name L:\council\legis\amend\17121AC.93), which was adopted.
Amend the bill, as and if amended, by merging the Division of Juvenile Programs in the Department of Rehabilitation and Corrections, as contained in Section 19, with the Division of Youth Services in the Department of Rehabilitation and Corrections and to name this division the Division of Juvenile Justice in the Department of Rehabilitation and Corrections.
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. ROGERS explained the amendment.
The amendment was then adopted.
Rep. CARNELL proposed the following Amendment No. 216 (Doc Name L:\council\legis\amend\BBM\10344SD.93), which was tabled.
Amend the bill, as and if amended, in Section 2-19-10 of the 1976 Code as contained in Section 3, page 65, by adding the following new paragraph at the end of the section to read:
/Where the office to be filled is a member of the Public Service Commission, the joint committee to review candidates for such office shall consist of three additional members, one of whom shall be a member of the House of Representatives, one of whom shall be a member of the Senate, and one of whom shall be appointed by the Governor. The additional members from the House and Senate shall be selected in the same manner that other House and Senate members of the committee are selected./
Amend the bill further, 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.
The SPEAKER granted Rep. CHAMBLEE a leave of absence for the remainder of the day.
Rep. CARNELL moved to table the amendment, which was agreed to.
Rep. HARRELSON proposed the following Amendment No. 217 (Doc Name L:\council\legis\amend\WWW\30025DW.93), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . The members of the House of Representatives are congratulated as being the first parliamentary body in the western world to pass a twenty-five hundred page bill which no one has read or understands completely restructuring state government in a manner which limits accessibility and accountability to the general public.
Renumber sections to conform.
Amend title to conform.
Rep. HARRELSON explained the amendment.
Rep. HARRELSON raised the Point of Order that Amendment No. 217 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. SCOTT proposed the following Amendment No. 218 (Doc Name L:\council\legis\amend\DKA\4402BD.93), which was tabled.
Amend the bill, as and if amended, by establishing the South Carolina State Housing Finance and Development Authority as a division 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. Allison Askins
Bailey, J. Baker Barber
Boan Brown, H. Cato
Clyborne Cooper Corning
Fair Gamble Gonzales
Hallman Harrell Harris, J.
Harris, P. Harrison Haskins
Hodges Holt Houck
Huff Hutson Jaskwhich
Kelley Kirsh Klauber
Koon Littlejohn Marchbanks
Martin Mattos McCraw
McKay Meacham Neilson
Quinn Riser Robinson
Sheheen Shissias Smith, R.
Stone Stuart Sturkie
Thomas Vaughn Waldrop
Walker Wells Wilder, D.
Wilkins Witherspoon Wofford
Worley Wright Young, A.
Young, R.
Those who voted in the negative are:
Alexander, T.C. Beatty Breeland
Brown, G. Brown, J. Byrd
Cobb-Hunter Delleney Felder
Govan Graham Harrelson
Harwell Hines Inabinett
Kennedy Keyserling Law
McLeod Moody-Lawrence Neal
Rhoad Rogers Rudnick
Scott Snow Spearman
Stille Townsend Trotter
Whipper White Wilkes
Williams
So, the amendment was tabled.
Rep. MATTOS moved to reconsider the vote whereby Amendment No. 102 was adopted, which was agreed to.
Rep. MATTOS moved to table the amendment, which was agreed to.
Rep. WAITES proposed the following Amendment No. 219 (Doc Name L:\council\legis\amend\BBM\10345BD.93), which was adopted.
Amend the bill, as and if amended, SECTION 1, DEPARTMENTS OF STATE GOVERNMENT, Section 1-30-10(G), page 20, line 33, by deleting /and Natural Resources/ and Section 1-30-15, page 21, beginning on line 14, by deleting /and Natural 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. WAITES explained the amendment.
The amendment was then adopted.
Rep. WAITES proposed the following Amendment No. 220 (Doc Name L:\council\legis\amend\DKA\4404BD.93), which was tabled.
Amend the bill, as and if amended, by providing for the Department of Youth Services to be an unaffected and independent state agency.
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. WAITES moved to table the amendment, which was agreed to.
Rep. KEYSERLING proposed the following Amendment No. 221 (Doc Name L:\council\legis\amend\436\11089AC), which was adopted.
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 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.
Rep. MARCHBANKS moved to table the amendment, which was not agreed to.
The amendment was then adopted by a division vote of 51 to 39.
Rep. McABEE proposed the following Amendment No. 223 (Doc Name L:\council\legis\amend\N05\8956BD.93), which was adopted.
Amend the bill, as and if amended, SECTION 4, DEPARTMENT OF AGRICULTURE, by deleting subsections (B) Division of Regulatory and Public Service Programs, (C) Division of Meat and Poultry Inspection, and (D) Division of Livestock and Poultry Health.
Amend further, SECTION 4, DEPARTMENT OF AGRICULTURE, by adding:
/Current Clemson PSA programs including, but not limited to, regulatory and public service programs, meat and poultry inspection programs, and livestock and poultry health programs remain under the jurisdiction of Clemson University./
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. HODGES spoke against the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 224 (Doc Name L:\council\legis\amend\N05\8957BD.93), which was tabled.
Amend the bill, as and if amended, SECTION 1, DEPARTMENTS OF STATE GOVERNMENT, Section 1-30-10(E), by striking the second sentence which reads: /Deputy directors serve at the will and pleasure of the director./ and inserting:
/State employees affected by the restructuring of state agencies retain current employment rights. Employees transferred or reassigned as a result of restructuring who attained permanent status as provided in the State Employee Grievance Procedure Act of 1982, as amended, retain related rights. Employees in positions not covered by the State Employee Grievance Procedure Act of 1982, as amended, who occupy positions subject to the act after restructuring and who have more than six months service as a state employee have grievance rights under the act. The Division of Human Resource management of the Budget and Control Board shall develop a plan for a Senior Professional Service for upper management level employees of state agencies. The plan must be submitted to the Governor and the General Assembly by January 15, 1994. The plan must address compensation, benefits, retention, mobility, and other factors necessary to establish a professional service geared to maximizing the mission of state agencies. Until a plan is adopted, state employees affected by the restructuring of state agencies retain all current employment rights./
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 moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 225 (Doc Name L:\council\legis\amend\N05\8978BD.93), which was tabled.
Amend the bill, as and if amended, SECTION 4, DEPARTMENT OF AGRICULTURE, (A)(3), beginning on page 66 and line 39, by striking Section 46-3-80 and inserting:
(3) Section 46-3-80 of the 1976 Code is amended by adding:
"(4) Create at least four divisions as follows:
(a) Division of Agriculture;
(b) Division of Regulatory and Public Service Programs;
(c) Division of Livestock-Poultry Health.
(5) Designate a deputy director to manage each division created in item (4)."/
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 moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 226 (Doc Name L:\council\legis\amend\N05\8972BD.93), which was tabled.
Amend the bill, as and if amended, SECTION 1, DEPARTMENTS OF STATE GOVERNMENT, by striking Section 1-30-15 and inserting:
/Section 1-30-15. Department of Agriculture.
The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities_as well as the employees, funds, property, and all contractual rights and obligations associated with the agency, except for those subdivisions specifically included under another department, are transferred to and incorporated in and must be administered as part of the Department of Agriculture and initially be divided into divisions for Agriculture, Regulatory and Public Services Programs, and Livestock-Poultry Health:
(1) Department of Agriculture, formerly provided for at Section 46-39-10, et seq.;
(2) Clemson University Public Service Activities, formerly provided for at Section 46-9-10, et seq. and Article 9, Chapter 21 of Title 46;
(3) Office of the State Veterinarian, the Livestock-Poultry Health Services, and Meat and Poultry Inspection programs, formerly provided for at Section 47-13-1315, et seq., 47-17-10, et seq., and 47-19-10, et seq./
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 moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 227 (Doc Name L:\council\legis\amend\N05\8975BD.93), which was tabled.
Amend the bill, as and if amended, SECTION 4, DEPARTMENT OF AGRICULTURE, (B)(5)(c), page 87, line 12, Section 46-26-30, by striking /, the director a person/ and inserting /the director Division of Regulatory and Public Service Programs/.
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 moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 228 (Doc Name L:\council\legis\amend\N05\8973BD.93), which was tabled.
Amend the bill, as and if amended, SECTION 4, DEPARTMENT OF AGRICULTURE, by adding an appropriately lettered subsection to read:
/__. References in this section to "Division of Meat and Poultry Inspection" and "Meat and Poultry Inspection" must be changed to "Livestock-Poultry Health 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. McABEE moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 229 (Doc Name L:\council\legis\amend\N05\8977BD.93), which was tabled.
Amend the bill, as and if amended, SECTION 4, DEPARTMENT OF AGRICULTURE, (B),(3),(a), page 78, line 44, Section 46-13-10, and (B)(5)(a), page 85, line 12, by striking /Agriculture/ and inserting /Regulatory and Public Service Programs/.
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 moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 230 (Doc Name L:\council\legis\amend\N05\8974BD.93), which was tabled.
Amend the bill, as and if amended, SECTION 4, DEPARTMENT OF AGRICULTURE, (D)(12), page 118, beginning on line 13, by striking Section 47-13-20 and inserting:
/Section 47-13-20. The veterinarian of Clemson University shall be Deputy Director of the Division of Livestock-Poultry Health is the State Veterinarian. and He and his assistants may visit any section of this State where any in the performance of their duties which include, but are not limited to, the investigation of reported or suspected contagious disease among animals, including poultry and domesticated fowls of every kind, is believed to exist and shall determine, under the rules and regulations of the board of trustees of the University all kinds and whether such affected the animals are worthy of remedial treatment or should must be destroyed./
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 moved to table the amendment, which was agreed to.
Reps. CROMER, McELVEEN and WHITE proposed the following Amendment No. 231.
By deleting Section 27 and inserting:
/Section 27. This act takes effect July 15, 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 explained the amendment.
Rep. WHITE moved to adjourn debate upon the amendment, which was adopted.
Reps. HODGES, BOAN, SHEHEEN, WILKINS, CLYBORNE, ROGERS and JENNINGS proposed the following Amendment No. 232 (Doc Name L:\council\legis\amend\JIC\5528SD.93), which was adopted.
Amend the bill, as and if amended, in Section 1-23-110 of the 1976 Code, as contained in Section 2 of page 41, by striking subitem (1), subsection (A) of the section and inserting:
/(1) give notice of a drafting period by publication of a notice in the State Register. The notice must include:
(a) the address to which interested persons may submit written comments during the initial drafting period before the regulations are submitted as proposed;
(b) a synopsis of what the agency plans to draft;
(c) the agency's statutory authority for promulgating the regulation;/.
Amend further, in Section 1-23-500 of the 1976 Code, as contained in Section 2, by striking /seven/ on line 17 of page 33 and inserting /twelve/.
Amend the bill further, as and if amended, by striking subsection (A) of Section 1-23-510 of the 1976 Code, as contained on page 33 and inserting:
/Section 1-23-510. (A) The judges of the division must be appointed by the Governor, with advice and consent of the General Assembly after undergoing screening by the joint legislative committee pursuant to the provisions of Section 2-19-10, et seq., for a term of six years and until their successors are appointed and qualify; provided, that of those judges initially appointed, the chief judge (Seat 1) and the judges appointed to Seats 2, 3, and 4 must be appointed for terms of six years, the judges appointed to Seats 5, 6, 7, 8, and 9 must be appointed for terms of four years, and the judges appointed to Seats 10, 11, 12, and 13 must be appointed for terms of two years. The Governor may announce an appointment and the General Assembly may perform the advice and consent and screening process prior to the commencement of the term of the seat for which the appointment is made. The terms of office of the judges of the division begin on July first of the year of appointment./
Amend further, SECTION 2, Administrative Law Judge Division, by striking subsection (B) of Section 1-23-600 and inserting:
/(B) An administrative law judge of the division also shall preside over all hearings of appeals from final decisions of state boards or commissions pursuant to Section 1-23-380, including but not limited to the Procurement Review Board, Human Affairs Commission, and Coastal Council Appellate Board, but specifically not including the Employment Security Commission and the Public Service Commission./
Amend further, by striking subsection (B) of Section 1-23-610 of the 1976 Code, as contained in Section 2, and inserting:
/(B) For judicial review of any final decision of an administrative law judge except for decisions in workers' compensation cases, a petition by an aggrieved party must be filed with the Supreme Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right./
Amend the bill further, as and if amended, by striking /If a writ of certiorari is granted, the/ and inserting /The/ as contained on line 1 of subsection (C) of Section 1-23-610.
Amend further, in Section 1-23-650 of the 1976 Code, as contained in Section 2, by adding a new sentence at the end of the section to read:
/All regulations promulgated by the Division must be promulgated pursuant to the provisions of this chapter./
Amend further, by adding a new paragraph at the end of Section 1-23-660 of the 1976 Code, as contained in SECTION 2, to read:
/Where a contested case pending before a board or commission on June 30, 1993, is continued under the jurisdiction of that board or commission as provided in this section and where that board or commission is abolished on July 1, 1993, as provided by this act, that board or commission notwithstanding such provision abolishing it shall nevertheless continue in existence for the sole purpose of conducting and bringing to final disposition all of such cases. Where any member of that board or commission has assumed another office after July 1, 1993, he shall be considered an ex officio member of his former board or commission for the purposes of this paragraph. Any member of a board or commission abolished on July 1, 1993, who continues to serve in the manner and for the purposes provided by this paragraph is entitled to receive only that mileage, per diem, and subsistence paid to members of state boards, commissions, and committees./
Amend further, by striking Section 42-3-90 as contained in SECTION 2 and inserting:
/Section 42-3-90. There shall be established within the administrative department the following divisions, each headed by a division director recommended by the Administrative Director with the concurrence of the chairman and subject to the approval of the Commission.
(1) The Division of Coverage and Compliance,
(2) The Division of Claims and Statistics,
(3) The Division of Medical Services.
Each division shall perform such functions and duties as may be assigned to it by the director of the administrative department subject to the provisions of S 42-3-25.
Before a claim can be referred by the Workers' Compensation Division to the Administrative Law Judge Division for adjudication as a contested case the parties involved must appear at an informal conference before an informal hearing officer unless the right to have an informal conference is waived by either party. The informal hearing officer has the authority to approve settlements at any time prior to the hearing of the contested case before an administrative law judge and shall notify the Administrative Law Judge Division of the settlement of any pending cases. The informal hearing officer shall not have the power to adjudicate contested cases./
Amend further by striking Section 42-17-20 as contained in SECTION 13 and inserting:
/Section 42-17-20. If the employer and the injured employee or his dependents fail to reach an agreement in regard to compensation under this Title within fourteen days after the employer has knowledge of the injury or after a death or if they have reached such an agreement which has been signed and filed with the Commission Division and compensation has been paid or is due in accordance therewith and the parties thereto then disagree as to the continuance of any weekly payment under such agreement, either party may make application to the Commission Administrative Law Judges Division for a hearing in regard to the matters at issue and for a ruling thereon. Immediately after such application has been received the Commission Administrative Law Judges Division shall set a date for a hearing, which shall be held as soon as practicable within sixty days unless by agreement of the parties and order of the administrative law judge a later date is set, and shall notify the parties at issue of the time and place of such hearing. The hearing shall be held in the city or county in which the injury occurred, unless otherwise agreed to by the parties and authorized by the Commission. The hearing shall be held at a regional site not to be more than fifty miles from the residence of the claimant unless agreed to by the parties and authorized by an administrative law judge./
Amend further by striking Section 42-17-40(A) as contained in SECTION 13 and inserting:
/(A) The commission or any of its members Administrative Law Judges Division shall hear the parties at issue and their representatives and witnesses and shall determine the dispute in a summary manner. The award, together with a statement of the findings of fact, rulings of law and other matters pertinent to the questions at issue, shall be filed with the record of the proceedings and a copy of the award shall immediately be sent to the parties in dispute. The parties may be heard by a deputy, in which event he shall swear or cause the witnesses to be sworn and shall transmit all testimony to the Commission for its determination and award./
Amend further, by adding an appropriately numbered item to SECTION 12(D) entitled SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION - ADMINISTRATION:
/(____) The 1976 Code of Laws is amended by adding:
"Section 42-17-45. (A) A single administrative law judge of the South Carolina Administrative Law Judges Division shall hear the parties at issue and their representatives for its determination and award in workers' compensation cases.
(B) For judicial review of any decision of the single administrative law judge, the aggrieved party may appeal the decision directly to the court of common pleas of the county in which the alleged accident happened, or in which the employer resides or has his principal office, pursuant to Section 42-17-60.
(C) Notwithstanding Section 42-17-60, Section 42-17-45 must be construed to prevail over a conflicting statute, if any."/
Amend the bill, as and if amended, by striking Section 42-17-60 as contained in item (29) of SECTION 12(D) entitled SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION - ADMINISTRATION on page 1474 of the bill, beginning on line 19, and inserting:
/Section 42-17-60. (A) The award of the commission single administrative law judge of the Administrative Law Judges Division, as provided in Section 42-17-40, if not reviewed in due time, or an award of the commission upon such review, as provided in Section 42-17-50, is conclusive and binding as to all questions of fact. However, either party to the dispute, within thirty days from the date of the award or within thirty days after receipt of notice to be sent by registered mail of the award, but not thereafter, may appeal from the decision of the commission single administrative law judge to the court of common pleas of the county in which the alleged accident happened, or in which the employer resides or has his principal office, for errors of law under the same terms and conditions as govern appeals in ordinary civil actions.
(B) The court of common pleas may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner has been prejudiced because of the finding, conclusion, or decision is:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(C) Notice of appeal must state the grounds of the appeal or the alleged errors of law. In case of an appeal from the decision of the commission single administrative law judge on questions of law, the appeal does not operate as a supersedeas and thereafter the employer is required to make payment of the award involved in the appeal or certification until the questions at issue have been fully determined in accordance with the provisions of this title./
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. SHEHEEN explained the amendment.
Rep. McELVEEN spoke against the amendment.
The amendment was then adopted.
Rep. McTEER proposed the following Amendment No. 233 (Doc Name L:\council\legis\amend\JIC\5531HC.93), which was tabled.
Amend the bill, as and if amended, Section 1-30-10(B), page 19, by adding on line 4 /Whenever a vacancy exists in the office of departmental director, the Division of Human Resource Management of the State Budget and Control Board shall conduct a search for a qualified individual to fill the vacancy. The division shall submit the names of up to three qualified individuals to the Governor. The Governor shall appoint one of the recommended individuals to fill the position, or reject all nominees and instruct the Division of Human Resource Management to conduct another search and provide additional recommendations./
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. McTEER continued speaking.
Rep. QUINN 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 Baker Brown, H. Carnell Cato Clyborne Cooper Corning Davenport Elliott Fair Felder Fulmer Gamble Gonzales Graham Hallman Harrell Harris, P. Harrison Harvin Haskins Hodges Holt Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Kirsh Klauber Koon Littlejohn Marchbanks Meacham Quinn Riser Robinson Sharpe Shissias Simrill Smith, D. Smith, R. Stone Stuart Sturkie Thomas Trotter Vaughn Waldrop Walker Wells Wilder, J. Wilkins Witherspoon Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Askins Bailey, J. Barber Beatty Boan Breeland Brown, G. Brown, J. Byrd Cobb-Hunter Delleney Farr Govan Harrelson Harris, J. Hines Houck Inabinett Keyserling Kinon Law Mattos McCraw McElveen McKay McLeod McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rudnick Scott Sheheen Snow Spearman Stille Townsend Waites Whipper White Wilder, D. Wilkes Williams
So, the amendment was tabled.
Rep. McLEOD moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Beatty Breeland Brown, G. Brown, J. Cobb-Hunter Davenport Harrelson Harris, P. Hines Holt Inabinett Jaskwhich Koon McKay McLeod Neal Riser Rudnick Sharpe Stille Townsend Whipper Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Boan Brown, H. Carnell Cato Clyborne Cooper Cromer Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harrison Harvin Harwell Haskins Hodges Houck Huff Hutson Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks Martin McCraw McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Robinson Rogers Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stone Stuart Sturkie Trotter Vaughn Waites Waldrop Walker Wells Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. SCOTT moved that the House recede until 8:00 P.M.
Rep. PHILLIPS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Barber Beatty Brown, G. Brown, J. Cobb-Hunter Cooper Corning Davenport Gonzales Hallman Inabinett Keyserling Koon McLeod McTeer Riser Rudnick Scott Snow Spearman Stille Vaughn Wilder, D. Wilder, J. Wilkes Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Allison Askins Bailey, J. Baker Brown, H. Carnell Cato Clyborne Cromer Delleney Elliott Fair Farr Felder Fulmer Gamble Govan Graham Harrell Harris, J. Harris, P. Harrison Haskins Hines Hodges Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks McAbee McCraw McKay Meacham Moody-Lawrence Neilson Phillips Quinn Richardson Robinson Rogers Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Sturkie Townsend Trotter Waites Waldrop Walker Wells Wilkins Wofford
So, the House refused to recede.
Rep. WILKES move to rescind Rule 3.9 which was rejected by a division vote of 43 to 59.
Rep. WOFFORD proposed the following Amendment No. 234 (Doc Name L:\council\legis\amend\JIC\5506HC.93), which was tabled.
Amend the bill, as and if amended, by moving the South Carolina Office of Victim's Assistance from the Office of the Attorney General to the Office of the Governor.
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. WOFFORD explained the amendment and moved to table the amendment, which was agreed to.
Rep. FARR proposed the following Amendment No. 235 (Doc Name L:\council\legis\amend\DKA\4413AL.93), which was adopted.
Amend the bill, as and if amended, SECTION 6(B). Department of Commerce, Coordinating Division for Economic Development, Section 12-27-1300, by striking item (5) and inserting:
/(5) one member appointed at large from a rural county by the Governor at large from a rural county. 'Rural' for purposes of this section means a county having a total population of sixty thousand or fewer persons as determined by the 1990 United States Census;/
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. FARR explained the amendment.
Rep. KIRSH moved to table the amendment.
Rep. FARR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barber Brown, H. Cromer Fair Fulmer Hallman Harrell Harrison Hutson Jaskwhich Kelley Keyserling Kirsh Klauber Koon Law Meacham Moody-Lawrence Quinn Rhoad Robinson Sharpe Shissias Simrill Thomas Wilder, J. Witherspoon Wofford Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, J. Baker Boan Brown, G. Brown, J. Byrd Carnell Cato Clyborne Cobb-Hunter Cooper Corning Davenport Delleney Elliott Farr Felder Gamble Gonzales Govan Graham Harrelson Harris, J. Harris, P. Harvin Harwell Haskins Hines Hodges Holt Houck Inabinett Jennings Keegan Kennedy Kinon Lanford Littlejohn Martin Mattos McAbee McCraw McKay McLeod McTeer Neal Neilson Phillips Richardson Riser Rogers Rudnick Scott Sheheen Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Sturkie Townsend Trotter Vaughn Waites Wells White Wilder, D. Wilkes Wilkins Williams Worley
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. J. BROWN proposed the following Amendment No. 236 (Doc Name L:\council\legis\amend\EGM\18154DW.93), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
\Section___. Effective with the first day of the 1994 session of the General Assembly, telephones must be installed on each member's desk in the hall of the House of Representatives.\
Renumber sections to conform.
Amend title to conform.
Rep. J. BROWN explained the amendment.
Rep. GONZALES raised the Point of Order that Amendment No. 236 was out of order as it was not germane.
Rep. J. BROWN argued contra the Point.
The SPEAKER stated that it was not germane to the Bill and he sustained the Point of Order and ruled the amendment out of order.
Rep. GRAHAM proposed the following Amendment No. 237 (Doc Name L:\council\legis\amend\436\11110SD.93), which was tabled.
Amend the bill, as and if amended, Section 1-30-10, SECTION 1, by adding an appropriately lettered subsection to read:
/(__) No department, division, agency, board, commission, authority, or entity created by state government may hire or employ a lobbyist, as defined in Section 2-17-10, or a person who performs the function of a lobbyist./
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. GRAHAM moved to table the amendment, which was agreed to.
Reps. RUDNICK and HARRELSON proposed the following Amendment No. 239 (Doc Name L:\council\legis\amend\JIC\5532SD.93), which was tabled.
Amend the bill, as and if amended, in Section 1-23-510 of the 1976 Code, as contained in SECTION 2, by striking subsection (A) of the section and inserting:
/(A) The judges of the division must be appointed in the following manner. The Governor shall submit three names for each administrative law judgeship to the General Assembly and the General Assembly shall elect one of these three nominees to a particular judgeship; provided, however, that nothing herein prevents the General Assembly from rejecting all three names submitted and requiring additional names in multiples of three. The nominees submitted by the Governor must undergo screening by the Joint Legislative Committee pursuant to the provisions of Chapter 19 of Title 2. The terms of the administrative law judges shall be for six years and until their successors are selected and qualified, except as otherwise provided below. Each seat shall be numbered with the seat of the Chief Judge being designated as Seat 1. The judges initially elected to the even-numbered seats shall serve initial terms of three years each and thereafter their successors shall be selected for terms of six years each. The terms of office of the judges of the division begin on July first of the year of selection. Vacancies shall be filled in the manner of original selection./
Amend further, as and if amended, by deleting subsection (B) of Section 1-23-510 of the 1976 Code in its entirety and by deleting Section 1-23-550 of the 1976 Code in its entirety.
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 moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 68 to 14.
Reps. J. HARRIS and JENNINGS proposed the following Amendment No. 240 (Doc Name L:\council\legis\amend\DKA\4412AL.93), which was adopted.
Amend the bill, as and if amended, SECTION 18. Department of Parks, Tourism and Cultural Affairs, (B) Arts Division, Section 60-15-60, by adding an appropriately numbered item to read:
/(__) To ensure that the role of the arts in the life of the communities will continue to grow and to play an ever more significant part in the welfare and educational experience of the citizens of this State. All activities undertaken in carrying out this policy must be directed toward encouraging and assisting rather than limiting the freedom of artistic expression that is essential for the well-being of the arts;/
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. JENNINGS explained the amendment.
The amendment was then adopted.
Reps. KOON, R. YOUNG, QUINN, HARRISON, STURKIE and HALLMAN proposed the following Amendment No. 241 (Doc Name L:\council\legis\amend\BBM\10356AC.93), which was tabled.
Amend the bill, as and if amended, Section 1-30-10, SECTION 1, by adding an appropriately lettered subsection to read:
/(__) No department, division, agency, board, commission, authority, or entity created by state government may hire or employ a law firm, without complying with a bidding process established by the State Budget and Control Board under the South Carolina Procurement 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. KOON explained the amendment.
Rep. HODGES spoke against the amendment and moved to table the amendment.
Rep. KOON 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. Barber Boan Breeland Brown, J. Byrd Carnell Clyborne Cobb-Hunter Davenport Delleney Elliott Farr Felder Gamble Gonzales Govan Graham Harrell Harris, J. Harris, P. Harrison Harvin Haskins Hines Hodges Holt Houck Huff Jennings Kennedy Keyserling Kinon Kirsh Klauber Lanford Law Littlejohn Martin McAbee McCraw McKay McTeer Meacham Neal Neilson Phillips Richardson Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stone Thomas Walker Wells Wilder, D. Wilder, J. Wilkins Williams Witherspoon Worley
Those who voted in the negative are:
Baker Brown, G. Brown, H. Cato Cooper Corning Cromer Fulmer Hallman Hutson Inabinett Jaskwhich Keegan Kelley Koon McLeod Quinn Riser Sharpe Stille Stuart Sturkie Trotter Vaughn Waites Wofford Wright Young, A. Young, R.
So, the amendment was tabled.
Rep. ROGERS proposed the following Amendment No. 242 (Doc Name L:\council\legis\amend\JIC\5500HC.93), which was tabled.
Amend the bill, as and if amended, by moving the State Office of Victim's Assistance from the Office of the Attorney General to the Office of the Governor.
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. ROGERS moved to table the amendment, which was agreed to.
Rep. ROGERS proposed the following Amendment No. 243 (Doc Name L:\council\legis\amend\BBM\10343DW.93), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. The Governor shall report to the General Assembly no later than the second Tuesday in January of 1994, his recommendation for restructuring the following offices and divisions presently under his direct supervision, and as to how each might be restructured within other appropriate departments or divisions amended by this act:
(1) Office of Executive Policy and Programs;
(2) Office of Energy Programs;
(3) Office of Personnel and Program Services;
(4) Office of Research;
(5) Division of Health;
(6) Division of Economic Opportunity;
(7) Division of Economic Development;
(8) Division of Public Safety;
(9) Division of Ombudsman and Citizens' Services;
(10) Division of Education;
(11) Division of Natural Resources;
(12) Division of Human Services./
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. ROGERS explained the amendment.
The amendment was then adopted.
Rep. J. BROWN proposed the following Amendment No. 244 (Doc Name L:\council\legis\amend\EGM\18155DW.93), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
\Section___. Effective with the first day of the 1994 session of the General Assembly, telephones must be installed between every two member's desks in the hall of the House of Representatives.\
Renumber sections to conform.
Amend title to conform.
Rep. J. BROWN explained the amendment.
Rep. J. BROWN raised the Point of Order that Amendment No. 244 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. JENNINGS proposed the following Amendment No. 245 (Doc Name L:\council\legis\amend\436\11111SD.93), which was adopted.
Amend the bill, as and if amended, by adding the following new sections to be appropriately numbered which shall read:
/Section __. Severability Clause.
If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Section __. Savings Clause.
The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures and liabilities as they stood under the repealed or amended laws. Any such repealed or amended law must be treated as still remaining in force for the purpose of sustaining any civil action or criminal prosecution for the enforcement of any such right, duty, penalty, forfeiture or liability. Any department to which are transferred the powers, duties, and functions of any agency relating to the pending proceeding shall be substituted as a party in interest.
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. JENNINGS explained the amendment.
The amendment was then adopted.
Rep. CARNELL proposed the following Amendment No. 246 (Doc Name L:\council\legis\amend\JIC\5537SD.93), which was adopted.
Amend the bill, as and if amended, in Section 2-19-10 of the 1976 Code as contained in Section 3, page 65, by adding the following new paragraph at the end of the section to read:
/Where the office to be filled is a member of the Public Service Commission, the joint committee to review candidates for such office shall consist of five additional members, one of whom shall be elected by the House of Representatives, one of whom shall be elected by of the Senate, and three of whom shall be appointed by the Governor. These five additional members shall serve for terms of four years on such joint committee and until their successors are selected and qualify. Vacancies must be filled for the remainder of the unexpired term in the manner of original selection. These five members must be members of the general public and not members of the General Assembly and representative of all citizens of this State not affiliated in any way with the utility industry./
Amend the bill further, 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. HODGES 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 Bailey, J. Barber Clyborne Corning Cromer Elliott Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harrison Hodges Huff Hutson Jaskwhich Jennings Kirsh Klauber Koon Lanford Littlejohn Mattos McElveen McTeer Rhoad Riser Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Thomas Trotter Waites Walker Wells Wilder, J. Wilkins Witherspoon Worley Wright
Those who voted in the negative are:
Askins Baker Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Cobb-Hunter Cooper Davenport Delleney Fair Farr Felder Harrelson Harris, P. Harvin Harwell Haskins Hines Holt Houck Inabinett Keegan Kelley Kennedy Keyserling Kinon Law McAbee McCraw McKay McLeod Meacham Moody-Lawrence Neal Neilson Phillips Quinn Richardson Scott Spearman Stille Sturkie Townsend Vaughn Whipper White Wilder, D. Wilkes Williams Wofford Young, A.
So, the House refused to table the amendment.
Rep. HUFF spoke against the amendment.
Rep. RUDNICK raised the Point of Order that Amendment No. 246 was out of order as it was the same as previous amendments debated by the House.
The SPEAKER stated that the amendment was different from the other amendments and he overruled the Point of Order.
The question then recurred to the adoption of the amendment.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Baker Beatty Boan Breeland Brown, G. Brown, J. Byrd Carnell Cato Cobb-Hunter Davenport Delleney Elliott Fair Farr Felder Govan Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Holt Houck Inabinett Kelley Kennedy Keyserling Kinon Klauber Koon Law McAbee McCraw McElveen McKay McLeod Meacham Moody-Lawrence Neal Neilson Phillips Quinn Riser Scott Spearman Stille Sturkie Townsend Vaughn Waldrop Whipper White Wilder, D. Wilkes Williams Witherspoon
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Bailey, J. Barber Clyborne Cooper Corning Cromer Fulmer Gamble Gonzales Graham Harrell Hodges Huff Hutson Jaskwhich Jennings Keegan Kirsh Lanford Littlejohn Mattos McTeer Rhoad Richardson Robinson Rogers Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Thomas Trotter Waites Walker Wells Wilder, J. Wilkins Wofford Worley Young, A.
So, the amendment was adopted.
Rep. WILKES 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. Askins Beatty Boan Breeland Brown, G. Brown, J. Byrd Cobb-Hunter Corning Davenport Harrelson Harris, P. Haskins Hines Holt Inabinett Kennedy Keyserling Koon Martin Mattos McAbee McElveen McKay McLeod McTeer Neal Rhoad Riser Rudnick Scott Spearman Stille Stone Townsend Whipper White Wilder, D. Williams
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, J. Baker Barber Brown, H. Carnell Cato Clyborne Cooper Cromer Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harrison Harvin Harwell Hodges Huff Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Lanford Littlejohn McCraw Meacham Moody-Lawrence Neilson Phillips Quinn Richardson Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stuart Sturkie Thomas Trotter Vaughn Waldrop Walker Wells Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. WILKINS proposed the following Amendment No. 247 (Doc Name L:\council\legis\amend\BBM\10351SD.93), which was tabled.
Amend the bill, as and if amended, in Section 1-30-10 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (I) to read:
/(I) A department director, constitutional officer, agency director, state board or commission, or governing body of any other entity of state government whose department, office, agency, board, commission, or entity of the State employs a lobbyist, as defined in Section 2-17-10, who is not a full-time employee of the State must provide to members of the General Assembly a certified copy of the disclosure statements and reports filed by the lobbyist with the Secretary of State or State Ethics Commission by mail to the home address of each member of 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. WILKINS moved to table the amendment, which was agreed to.
Rep. WAITES proposed the following Amendment No. 248 (Doc Name L:\council\legis\amend\17127AC.93), which was tabled.
Amend the bill, as and if amended, SECTION 6, Department of Commerce, the Division of State Development, by deleting in Section 13-7-20(1) on page 212, on lines 12 and 13 /fabrication, and reprocessing plants;/ and inserting /fabrication, and reprocessing plants;/; and by deleting on line 14 /test reactor sites;/ and inserting /test reactor sites;/.
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. WAITES moved to table the amendment, which was agreed to.
Rep. BOAN moved that the House do now adjourn.
Rep. WILKINS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11063AC.93), which was adopted.
Amend the bill, as and if amended, by transferring the Department of Alcohol and Other Drug Abuse Services, as contained in SECTION 5, to the Department of Health in SECTION 11 as a division of the Department of Health.
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. BOAN explained the amendment.
Rep. GOVAN spoke against the amendment.
Rep. HODGES moved to table the amendment, which was not agreed to by a division vote of 48 to 56.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11065AC.93), which was tabled.
Amend the bill, as and if amended, by transferring the Old Exchange Building Commission, a separate and independent agency in state government, to the Department of Parks, Tourism and Cultural Affairs, as contained in SECTION 18, as a division of the department and by abolishing the governing 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. BOAN moved to table the amendment, which was agreed to.
Rep. BOAN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11068AC.93), which was tabled.
Amend the bill, as and if amended, by transferring the School for the Deaf and Blind, a separate and independent agency in state government, to the Department of Disabilities and Special Needs, as contained in SECTION 7, as a division of the department and by abolishing the board of commissioners of the school.
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. BOAN moved to table the amendment, which was agreed to.
Rep. BOAN proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\436\11066AC.93), which was tabled.
Amend the bill, as and if amended, by transferring the Special School of Math and Science, a separate and independent agency in state government established in Chapter 48, Title 59, to the Department of Education, as contained in SECTION 8, as a division of the department and by abolishing the governing board of trustees.
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. BOAN moved to table the amendment, which was agreed to.
Rep. SNOW proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\CYY\15251SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Wildlife and Marine Resources Department which was made a division of the Department of Natural Resources in Section 17 (including the State Natural Resources Police Division also contained in Section 17) shall be a separate and independent agency until July 1, 1996, at which time the Constitutional Laws Subcommittee of the House Judiciary Committee shall recommend to the full General Assembly what action to be taken in regard to this 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. SIMRILL moved to table the amendment, which was agreed to.
Rep. GAMBLE proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\436\11077AC.93), which was tabled.
Amend the bill, as and if amended, by transferring the School for the Deaf and Blind, a separate and independent agency in state government, to the Department of Education, as contained in SECTION 8, as a division of the department and by abolishing the board of commissioners of the school.
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. GAMBLE moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\DKA\4354AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 4. Agriculture; SECTION 9. Environmental Regulation; and SECTION 17. Natural Resources. by combining the departments to create the Department of Agriculture and Natural Resources under the direction of the Commission of Agriculture. The Department of Agriculture and Natural Resources would consist of the following offices, departments, and agencies, each creating a separate division within the department:
Department of Agriculture;
Water Resources;
Land Resources;
Forestry Commission;
Environmental Quality Control;
Clemson University (includes Regulatory and Public Service Programs and Livestock-Poultry Health Department);
Coastal Council;
Migratory Waterfowl;
Wildlife and Marine Resources;
Natural Resources Police;
Geological Mapping and Survey.
The Commission of Agriculture shall appoint an Executive Director for the department to carry out the daily management.
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 moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\DKA\4358AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 4. Agriculture. By creating separate departments for Agriculture and Clemson PSA Programs. The Clemson PSA Department would combine the Regulatory and Public Service programs with the Livestock and Poultry Health programs along with any other Clemson PSA programs currently existing.
Amend further, SECTION 9. Environmental Regulation and SECTION 17. Natural Resources. By combining the two departments into one department called the Department of Natural Resources. Divisions within the Department of Natural Resources are:
Water Resources - nonregulatory;
Land Resources - nonregulatory;
Forestry Commission;
Environmental Quality Control (includes Land Resources regulatory and Water Resources regulatory);
Coastal Council;
Migratory Waterfowl;
Wildlife Marine Resources;
Natural Resources Police;
Geological Mapping and Survey .
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. GONZALES spoke against the amendment and moved to table the amendment.
Rep. STURKIE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Baker Barber Breeland Brown, H. Cato Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Haskins Hines Hodges Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kirsh Klauber Koon Lanford Law Littlejohn Martin McCraw McElveen McKay Meacham Moody-Lawrence Neal Neilson Phillips Quinn Richardson Robinson Rogers Scott Sheheen Shissias Simrill Smith, D. Smith, R. Stone Stuart Sturkie Thomas Trotter Vaughn Waites Waldrop Walker Wells Whipper Wilder, D. Wilkins Wofford Young, A. Young, R.
Those who voted in the negative are:
Askins Boan Brown, G. Brown, J. Carnell Farr Felder Harris, P. Harvin Harwell Inabinett Kennedy McAbee McTeer Rhoad Riser Rudnick Sharpe Spearman Stille Townsend White Wilder, J. Witherspoon
So, the amendment was tabled.
Rep. G. BROWN moved that the House do now adjourn.
Rep. WILKINS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. STURKIE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Askins Barber Beatty Boan Breeland Brown, G. Brown, J. Byrd Carnell Cobb-Hunter Cooper Corning Davenport Farr Felder Fulmer Hallman Harrell Harrelson Harris, J. Harris, P. Hines Holt Houck Inabinett Kennedy Keyserling Koon Lanford Law Mattos McAbee McCraw McElveen McKay McLeod McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Riser Robinson Rudnick Scott Smith, D. Spearman Stille Stone Townsend Waldrop Walker Whipper White Wilkes Williams Wofford Young, R.
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, J. Baker Brown, H. Cato Clyborne Cromer Delleney Elliott Fair Gamble Gonzales Govan Graham Harrison Harvin Harwell Haskins Hodges Huff Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Littlejohn Martin Meacham Quinn Richardson Rogers Sharpe Sheheen Shissias Simrill Smith, R. Stuart Sturkie Thomas Trotter Vaughn Waites Wells Wilder, D. Wilder, J. Wilkins Witherspoon Worley Wright Young, A.
So, the motion to adjourn was agreed to.
I give notice of my intention to offer technical amendments on third reading.
Rep. JAMES H. HODGES
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments, immediate cloture having been ordered.
The Senate returned to the House with concurrence the following:
H. 3668 -- Reps. Anderson, J. Brown, Cobb-Hunter, White, Beatty, Breeland, Byrd, Canty, Govan, Hines, Inabinett, Kennedy, McMahand, Moody-Lawrence, Neal, Scott, Whipper and Williams: A CONCURRENT RESOLUTION COMMENDING BISHOP OREE BROOMFIELD, SR., FOR HIS OUTSTANDING LEADERSHIP IN WORKING TO IMPROVE THE QUALITY OF LIFE FOR ALL AMERICANS.
At 7:20 P.M. the House in accordance with the motion of Rep. ROGERS adjourned in memory of John R.T. Major, retired Richland County Clerk of Court, to meet at 10:00 A.M. tomorrow.
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