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:
In prayer, O Lord, we stand in respect and bow in reverence in our knowledge that You are a holy, omnipotent God. And may this feeling of respect and reverence not only occupy our minds when we pray, but remain constantly with us. To this end, enable us to see God not only as present and prominent, but most of all as pre-eminent. May His teachings be as a lighthouse guiding us on the sea of life as we do our work, as we fill our slots in the scheme of things.
So we place our hands in Yours, Father God, as we say: "Where You lead, we will follow." 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. SCOTT moved that when the House adjourns it adjourn in memory of Mrs. Alma White King of Yonkers, New York, originally from Calhoun County, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1625
Promulgated By Board of Medical Examiners
Physician Assistants
Received By Speaker March 10, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date February 14, 1994
Document No. 1522
Promulgated by Public Service Commission
Emergency Procedures
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 12, 1993
Withdrawn and Resubmitted: March 10, 1993
The following was received.
March 10, 1993
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith a nomination for confirmation. This nomination is made with advice and consent of the Senate and is, therefore, submitted for your consideration.
STATEWIDE NOMINATION
State Ethics Commission, with term to Expire May 31, 1998
Nomination for Initial Appointment
3rd Congressional District
Mr. Roger J. Hartman, 344 Knollwood Drive, Anderson, S.C. 29625
VICE: David Lee Terry
Respectfully,
Carroll A. Campbell, Jr.
Governor
Received as information.
The Speaker ordered the document referred to the Judiciary Committee.
The following was received.
March 10, 1993
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith a nomination for confirmation. This nomination is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
STATEWIDE NOMINATION
State Ethics Commission, with initial term to expire June 30, 1993 and reappointment term to expire June 30, 1998
Nomination for Initial Appointment and Reappointment
1st Congressional District
Ms. Cynthia G. Howe, Van Osdell, Lester, Howe & Rice, P.A., 1301 48th Avenue North, Myrtle Beach, S.C. 29577
VICE: Paula H. Bethea (resigned)
Respectfully,
Carroll A. Campbell, Jr.
Governor
Received as information.
The Speaker ordered the document referred to the Judiciary Committee.
The following was received.
March 10, 1993
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith a nomination for confirmation. This nomination is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
STATEWIDE NOMINATION
State Ethics Commission, with initial term to expire June 30, 1993 and reappointment term to expire June 30, 1998
Nomination for Initial Appointment and Reappointment
6th Congressional District
Mr. Frederick A. Hoefer, II, Harwell, Ballenger & DeBerry, Post Office Box 107, Florence, S.C. 29503
VICE: Charles Arthur Houseman (resigned)
Respectfully,
Carroll A. Campbell, Jr.
Governor
Received as information.
The Speaker ordered the document referred to the Judiciary Committee.
The following was received.
March 9, 1993
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith a nomination for confirmation. This nomination is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
STATEWIDE NOMINATION
State Ethics Commission, with initial term to expire June 30, 1993 and reappointment term to expire June 30, 1998
Nomination for Initial Appointment and Reappointment
5th Congressional District
Mr. Randolph Marshall Talley, 431 Adams Avenue, Sumter, S.C. 29150
VICE: Richard C. Jones (resigned)
Respectfully,
Carroll A. Campbell, Jr.
Governor
Received as information.
The Speaker ordered the document referred to the Judiciary Committee.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3626 -- Reps. Cromer and McAbee: A CONCURRENT RESOLUTION DIRECTING THE STATE HOUSE TOUR SERVICE TO ALLOW STATE HOUSE TOURS DURING THE LEGISLATIVE SESSION FOR ALL GROUPS WITHOUT RESPECT TO AGE.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3665 -- Rep. Davenport: A CONCURRENT RESOLUTION REQUESTING THE STATE ATTORNEY GENERAL, IN CONJUNCTION WITH THE CHIEF INSURANCE COMMISSIONER AND THE STATE CONSUMER ADVOCATE, TO INVESTIGATE INSURANCE COMPANIES DOING BUSINESS IN THIS STATE IN THEIR THIRD PARTY PRACTICES AND TO TAKE THE NECESSARY STEPS TO BRING THESE PRACTICES TO AN END AND TO RECOVER CERTAIN FUNDS.
Ordered for consideration tomorrow.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3643 -- Reps. Keyserling, Richardson, Cato, Clyborne, Vaughn, Barber, Hutson, D. Smith, Thomas, Snow, Simrill, Scott, Corning, Quinn, Hallman, Breeland, Inabinett, Rogers, Townsend, Shissias, Stille, Byrd, Holt, P. Harris, Harrison, Wilkins, Law, Robinson, Haskins, Huff, Walker, Littlejohn, Allison, Graham, J. Bailey, Wells, J. Brown, Trotter, Davenport, Baker, Witherspoon, Lanford and Harrell: A HOUSE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO REFRAIN FROM ANY DEVELOPMENT OF THE SAVANNAH RIVER SITE AS A TEMPORARY STORAGE SITE FOR SPENT NUCLEAR FUEL RODS FROM OTHER STATES.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 529 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MARCH 24, 1993, AS "HOSPITAL DAY".
Whereas, there are over one hundred health care facilities in this State; and
Whereas, over fifty thousand people are employed by hospitals in South Carolina; and
Whereas, in addition, there are hundreds of hospital trustees, volunteers, and medical personnel who care about the future of hospitals and health care in this State; and
Whereas, it is widely considered that health care is one of the medical issues facing our State; and
Whereas, by declaring a "Hospital Day" it will give hospital administrators and employees around the State an opportunity to visit the State House and meet with members of their respective legislative delegations. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, is declaring Wednesday, March 24, 1993, as "Hospital Day".
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3681 -- Rep. Harrelson: A BILL TO PROVIDE THAT MEMBERS OF ALL BOARDS AND COMMISSIONS MAY BE REMOVED IN THE SAME MANNER IN WHICH THEY WERE APPOINTED OR ELECTED.
Referred to Committee on Judiciary.
H. 3682 -- Rep. Boan: A BILL TO AMEND SECTIONS 8-27-10, 8-27-20, 8-27-30, AND 8-27-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION FROM ADVERSE PERSONNEL ACTIONS AFFORDED AND REMEDIES ALLOWED PUBLIC EMPLOYEES WHO REPORT CERTAIN MISCONDUCT, SO AS TO LIMIT PROTECTION TO INSTANCES WHERE AN EMPLOYEE HAS REPORTED IN WRITING TO AN APPROPRIATE AUTHORITY, TO DEFINE "REPORT", "APPROPRIATE AUTHORITY", AND "WRONGDOING", TO REQUIRE AN EMPLOYEE TO HAVE REPORTED WRONGDOING WITHIN SIXTY DAYS OF LEARNING OF THE ACTIVITY, TO ALLOW DISCIPLINARY ACTION AGAINST AN EMPLOYEE WHO FILES A REPORT OF WRONGDOING IN BAD FAITH, TO PROVIDE FOR DISCIPLINARY ACTION AGAINST A SUPERVISORY EMPLOYEE WHO RETALIATES AGAINST AN EMPLOYEE FILING A GOOD FAITH REPORT, TO REQUIRE AN EMPLOYEE WHOSE REPORT SAVES PUBLIC FUNDS TO ELECT BETWEEN THE MONETARY AWARDS AUTHORIZED UNDER THIS CHAPTER OR THE EMPLOYEE SUGGESTION PROGRAM, IF THE EMPLOYING AGENCY PARTICIPATES, TO ELIMINATE THE PRESUMPTION THAT ADVERSE PERSONNEL ACTIONS WITHIN ONE YEAR AFTER REPORTING MISCONDUCT ARE WRONGFUL, TO REQUIRE AN EMPLOYEE TO HAVE EXHAUSTED ALL AVAILABLE GRIEVANCE OR OTHER ADMINISTRATIVE REMEDIES, WITH A FINDING THAT THE EMPLOYEE WOULD NOT HAVE BEEN DISCIPLINED BUT FOR THE FILING OF THE REPORT, TO REQUIRE ANY ACTION BROUGHT BY THE EMPLOYEE TO BE A NONJURY CIVIL ACTION BROUGHT IN THE COUNTY WHERE THE EMPLOYMENT ACTION OCCURRED, TO LIMIT ACTUAL DAMAGES RECOVERABLE TO TWENTY-FIVE THOUSAND DOLLARS, TO REQUIRE AN ACTION TO BE BROUGHT WITHIN ONE YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION OR THE EXHAUSTION OF OTHER REMEDIES, AND TO PROVIDE THAT THE AMENDMENTS PROVIDED IN THIS ACT, NOT INCLUDING REVISED REPORTING REQUIREMENTS, APPLY TO ACTIONS PENDING BUT IN WHICH NO JUDGMENT HAS BEEN ENTERED AS OF THE EFFECTIVE DATE OF THE ACT.
Referred to Committee on Judiciary.
H. 3683 -- Reps. Fair and Houck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-240 SO AS TO REQUIRE A PERSON, UPON WHOM AN INVASIVE, EXPOSURE PRONE PROCEDURE IS PERFORMED, TO KNOW HIS HUMAN IMMUNODEFICIENCY VIRUS STATUS AND REQUIRE DISCLOSURE TO THE HEALTH CARE PROFESSIONALS WHO ARE RENDERING CARE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3684 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-781 SO AS TO PROVIDE THAT CERTAIN INFORMATION CONTAINED IN OFFICIAL JUVENILE RECORDS MAY BE RELEASED TO SCHOOL OFFICIALS, AND TO PROVIDE PROCEDURES FOR REQUESTS.
Referred to Committee on Judiciary.
H. 3685 -- Reps. Fair and Byrd: A JOINT RESOLUTION TO REQUIRE THE STATE SUPERINTENDENT OF EDUCATION AND THE STATE BOARD OF EDUCATION TO INTEGRATE TRADITIONAL CONCEPTS INTO THE REFORM OF THE PUBLIC SCHOOLS.
Referred to Committee on Education and Public Works.
H. 3686 -- Reps. Gonzales, G. Bailey, Hallman, Quinn, Fulmer, Harrison, Corning, Gamble, Stone, H. Brown, Wright, Shissias, J. Wilder, Byrd, Sharpe, Wells, Koon, Huff, Littlejohn, Witherspoon, Wofford, Walker and Jaskwhich: A BILL TO AMEND SECTION 8-27-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRESUMPTION OF RETALIATION BY AN EMPLOYER OF AN EMPLOYEE OF A PUBLIC BODY WHO IS DISCHARGED BY A PUBLIC BODY AFTER HAVING REPORTED A VIOLATION OF A STATE OR FEDERAL LAW OR REGULATION, SO AS TO REMOVE THE PRESUMPTION.
Referred to Committee on Judiciary.
H. 3687 -- Reps. Gonzales, H. Brown, J. Bailey, Koon, Quinn, Hallman, Fulmer, Holt, Harrison, Richardson, Wright, A. Young, Stuart, Wofford, Harrell, Inabinett, Witherspoon, Riser, G. Bailey, D. Wilder and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-160 SO AS TO PROVIDE THAT IF ANY PROVISION OF LAW CONCERNING APPOINTMENTS TO OR APPROVAL OF A BUDGET FOR A COUNTY BOARD, COMMISSION, OR DISTRICT, EXCLUDING SCHOOL DISTRICTS, REQUIRES AN ACTION ON THE PART OF A COUNTY LEGISLATIVE DELEGATION, THE RESPONSIBILITY FOR THAT REQUIRED ACTION, UPON WRITTEN RESOLUTION SIGNED BY A MAJORITY OF THE COUNTY LEGISLATIVE DELEGATION, SHALL DEVOLVE TO THE GOVERNING BODY OF THE COUNTY.
Referred to Committee on Judiciary.
H. 3688 -- Reps. Gonzales, Breeland, Inabinett, Sharpe, Hallman, R. Young, Fulmer, Holt, Gamble, Harrison, Allison, H. Brown, G. Bailey, Wright, Wofford, Harrell, J. Wilder, Wilkins, Witherspoon, Richardson, Neilson, Walker, Littlejohn, Stuart and Jaskwhich: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS OF JUVENILES, SO AS TO PROVIDE THAT THE RECORDS ARE OPEN IN THE SAME MANNER AS CRIMINAL RECORDS FOR ADULTS.
Referred to Committee on Judiciary.
H. 3689 -- Reps. Wilkes, Wright, Sharpe, Harrison, Vaughn, Wells, R. Smith, Witherspoon, Littlejohn, Walker, Davenport, Fulmer, Riser, Jaskwhich, Clyborne and Stone: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 68 SO AS TO REGULATE BUSINESSES THAT OFFER STAFF LEASING SERVICES; AND TO PROVIDE FOR LICENSING AND DISCIPLINARY ACTION.
Referred to Committee on Labor, Commerce and Industry.
H. 3690 -- Rep. G. Brown: A BILL TO AMEND THE TITLE OF ARTICLE 5, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY CHANGING IT FROM "REINSURANCE FACILITY AND DESIGNATED PRODUCERS" TO "REINSURANCE FACILITY; SERVICING CARRIERS AND PRODUCERS"; TO AMEND THE TITLE OF SECTION 38-77-590 BY CHANGING IT FROM "DESIGNATED PRODUCERS" TO "SERVICING CARRIERS AND PRODUCERS"; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO DESIGNATED PRODUCERS UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO, AMONG OTHER THINGS, DELETE VARIOUS PROVISIONS, ADD PROVISIONS, AND PROVIDE THAT, AMONG OTHER THINGS, THE GOVERNING BOARD OF THE REINSURANCE FACILITY SHALL CONTRACT WITH INSURERS MEETING ELIGIBILITY REQUIREMENTS PROMULGATED BY THE GOVERNING BOARD TO ACT AS SERVICING CARRIERS FOR THE WRITING OF AUTOMOBILE INSURANCE THROUGH PRODUCERS ASSIGNED TO THE SERVICING CARRIER BY THE GOVERNING BOARD; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE "DESIGNATED" AND REPLACE IT WITH "CONTRACTED" OR "ASSIGNED" AND TO ADD CERTAIN OTHER LANGUAGE; TO AMEND SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY SHALL FILE AN EXPENSE COMPONENT AND THE USE OF THE COMPONENT AFTER APPROVAL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, ADD CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES FOR USE WITH THE PURE LOSS COMPONENTS FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE AND SMALL COMMERCIAL RISKS FILED WITH THE COMMISSIONER BY THE RATING ORGANIZATION WITH THE LARGEST NUMBER OF MEMBERS OR SUBSCRIBERS; TO AMEND SECTION 38-77-540, RELATING TO AUTOMOBILE INSURANCE AND THE DUTIES OF A CEDING INSURER, SO AS TO ADD CERTAIN LANGUAGE, INCLUDING REFERENCES TO SECTION 38-73-1420, AND DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING THE PROVISION THAT NO CEDING INSURER MAY INCLUDE IN THE AGENTS' COMMISSIONS COMPONENT OF ITS UNDERWRITING EXPENSES ANY AMOUNT GREATER THAN IT HAS ACTUALLY PAID ITS AGENT AS COMMISSION ON THE REINSURED RISK; AND TO REPEAL SECTION 38-73-1425, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY.
Referred to Committee on Labor, Commerce and Industry.
H. 3691 -- Reps. Harrison, Sharpe, Quinn, Kinon, H. Brown, Corning, Sheheen, Wilkins, Stuart, Walker, A. Young, R. Smith, Shissias, Riser, Law, Wright, Jaskwhich, Keegan, Gamble and Wofford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT THE PETIT JURY OF THE CIRCUIT COURT RATHER THAN TWELVE MEMBERS SHALL CONSIST OF THAT NUMBER OF JURORS PROVIDED BY LAW AND THAT THE NUMBER OF JURORS OF OTHER COURTS OF THIS STATE MUST ALSO BE AS PROVIDED BY LAW.
Referred to Committee on Judiciary.
H. 3692 -- Reps. Vaughn, Waldrop, J. Bailey, Hines, Farr, Kirsh, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Wofford, Corning, Cato, Holt, Harrelson, Davenport, Moody-Lawrence, P. Harris, Gonzales, Witherspoon, Cooper, Byrd, Riser, Wright, D. Wilder, Mattos, Houck, Jaskwhich and Klauber: A BILL TO AMEND SECTION 20-7-1650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO ADOPTIONS, SO AS TO REVISE THE DEFINITION OF CHILD PLACING AGENCY.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3693 -- Reps. Vaughn, Moody-Lawrence, Waldrop, J. Bailey, Kirsh, Farr, Holt, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Hines, Huff, Cato, Harrelson, Witherspoon, Wofford, P. Harris, Gonzales, Cooper, Klauber, Davenport, Byrd, Chamblee, Houck, Riser, D. Wilder, Lanford, Wright, Jaskwhich, Mattos, Haskins and Corning: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHERE THE CHILD HAS BEEN IN FOSTER CARE FOR SIX MONTHS AFTER REQUIRED CONSENTS HAVE BEEN OBTAINED AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3694 -- Reps. Rudnick and McLeod: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO REQUIRE THE EXEMPTION AMOUNT TO BE ADJUSTED ANNUALLY TO OFFSET INCREASES IN THE CONSUMER PRICE INDEX AND TO PRESCRIBE THE PROCEDURE FOR MAKING THE ADJUSTMENT.
Referred to Committee on Ways and Means.
H. 3695 -- Rep. Rudnick: A BILL TO AMEND SECTION 44-66-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO REVISE THE DEFINITION OF "HEALTH CARE" TO INCLUDE THE PROVISION OF MEDICALLY OR SURGICALLY IMPLANTED TUBES.
Referred to Committee on Judiciary.
H. 3696 -- Reps. Rudnick, Inabinett, G. Brown, Whipper and Breeland: A BILL TO AMEND SECTION 16-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POINTING A FIREARM AT ANOTHER PERSON, SO AS TO REVISE THE PENALTIES FOR VIOLATION.
Referred to Committee on Judiciary.
H. 3697 -- Reps. Rudnick and Inabinett: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR THE VIOLATION OF CERTAIN PISTOL LAWS AND SECTION 23-31-190, RELATING TO THE VIOLATION OF CERTAIN FIREARMS LAWS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 23-31-140, AS AMENDED, RELATING TO APPLICATIONS TO PURCHASE A PISTOL, SO AS TO REQUIRE A WAITING PERIOD OF SEVEN DAYS FROM THE DATE OF APPLICATION BEFORE DELIVERY OF THE PISTOL TO THE PURCHASER AND REQUIRE THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO PROMPTLY CONDUCT A SEARCH AND NOTIFY THE DEALER IF THE PURCHASER IS INELIGIBLE TO PURCHASE THE PISTOL.
Referred to Committee on Judiciary.
H. 3698 -- Reps. Rudnick, Scott, Cobb-Hunter, McLeod, Neal, Byrd, Whipper and G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-645 SO AS TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL PROVIDE FOR A STREET LIGHTING SYSTEM IN RURAL AREAS.
Referred to Committee on Education and Public Works.
H. 3699 -- Reps. Rudnick, G. Brown, McLeod and Neal: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-635 SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE ADEQUATE SEATING FOR PERSONS WHO, BECAUSE OF THEIR AGE OR INFIRMITY, CANNOT STAND FOR LONG PERIODS OF TIME IN OFFICES IN WHICH THE DEPARTMENT REGISTERS AND LICENSES MOTOR VEHICLES.
Referred to Committee on Education and Public Works.
H. 3700 -- Reps. Rudnick, G. Brown, Scott and Neal: A BILL TO AMEND SECTION 56-5-2715, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOP SIGNS AND REQUIRED STOPS AT DANGEROUS RAILROAD CROSSINGS, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WITH RESPECT TO STATE HIGHWAYS AND COUNTIES AND MUNICIPALITIES WITH RESPECT TO HIGHWAYS WITHIN THEIR JURISDICTION SHALL PLACE WHITE LINES ACROSS THE LANES APPROACHING THESE DANGEROUS CROSSINGS AND TO PROVIDE THAT AT HIGHWAY AND RAILROAD GRADE CROSSINGS LOCATED WITHIN ONE-HALF MILE OF A CHURCH OR SCHOOL, THE RAILROAD COMPANY OPERATING THE RAILROAD SHALL PLACE AND MAINTAIN AN ILLUMINATED FLASHING RED SIGNAL ON THE HIGHWAY ON EACH SIDE OF THE CROSSING.
Referred to Committee on Education and Public Works.
H. 3701 -- Reps. Rudnick, G. Brown and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-770 SO AS TO MAKE IT A MISDEMEANOR OFFENSE TO MAKE A COPY OF CERTAIN KEYS OR TO CAUSE A COPY OF CERTAIN KEYS TO BE MADE, AND TO PROVIDE A PENALTY.
Referred to Committee on Labor, Commerce and Industry.
H. 3702 -- Reps. Hutson, H. Brown, R. Smith, Gonzales, G. Bailey, Jaskwhich, Huff, Robinson, Allison, Stone, Richardson, Shissias, Mattos, Holt, Wofford, Wells, A. Young, Vaughn, Cato, Simrill, Stuart, Harrell, Inabinett, Clyborne, Wilkins, Barber, Trotter, Williams, Hines, Phillips, Stoddard, Marchbanks, J. Bailey, Worley, Chamblee, Cooper, Haskins, Witherspoon, Klauber, Askins, Baker, Lanford, Walker, Moody-Lawrence, Elliott, Houck, Farr, D. Smith, Davenport, Waldrop and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-213 SO AS TO IMPOSE AN ADDITIONAL FIVE DOLLAR FEE IN COURT COSTS TO BE USED EXCLUSIVELY FOR THE DEFENSE OF INDIGENTS IN CAPITAL CASES; TO AMEND SECTION 16-3-26, RELATING TO DEFENSE OF INDIGENTS IN CAPITAL CASES, SO AS TO REDUCE THE NUMBER OF COURT APPOINTED ATTORNEYS, TO ESTABLISH A THRESHOLD FOR VALIDATION OF FEES AND COSTS, TO REQUIRE A HEARING ON FEES, COSTS, AND OTHER EXPENSES, AND TO REQUIRE THE SUPREME COURT TO PROMULGATE A LIST OF STANDARD FEES AND EXPENSES ALLOWED; AND TO REPEAL SECTION 17-23-70 RELATING TO APPOINTMENT OF COUNSEL IN CAPITAL CASES.
Referred to Committee on Ways and Means.
H. 3703 -- Reps. Witherspoon, Kelley, Worley, Snow and Keegan: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR HORRY COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF HORRY COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
On motion of Rep. KELLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3704 -- Reps. Jaskwhich, Clyborne, Huff, Baker, Stone, Hutson, Corning, Stoddard, Robinson, Trotter, Allison, Vaughn, Wells, Littlejohn, A. Young, Marchbanks and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 68 SO AS TO ENACT THE SOUTH CAROLINA PARENTAL CHOICE IN EDUCATION ACT WHICH ESTABLISHES THREE MODELS WHICH AUTHORIZE A STUDENT TO ATTEND A SCHOOL IN HIS DISTRICT OTHER THAN THE ONE TO WHICH HE IS ASSIGNED OR IN ANOTHER DISTRICT UNDER CERTAIN RESTRICTIONS, CONDITIONS, AND LIMITATIONS, TO PROVIDE THAT THESE THREE MODELS MUST BE PILOT TESTED OVER A THREE-YEAR PERIOD, AND TO PROVIDE THAT FURTHER USE OF THESE THREE MODELS AFTER THE THREE-YEAR PILOT TESTING PERIOD IS NOT AUTHORIZED WITHOUT THE AUTHORIZATION OF THE GENERAL ASSEMBLY BY ACT OR JOINT RESOLUTION.
Referred to Committee on Education and Public Works.
S. 472 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK AND THE SAMPIT RIVERS IN GEORGETOWN AND HORRY COUNTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
On motion of Rep. STODDARD, with unanimous consent, the following was taken up for immediate consideration:
H. 3705 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 1:00 P.M. ON WEDNESDAY, MARCH 24, 1993, AS THE TIME FOR ELECTING MEMBERS TO THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, AND WINTHROP UNIVERSITY TO FILL UNEXPIRED TERMS ON THOSE BOARDS BECAUSE OF VACANCIES WHICH EXIST.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate meet in joint session in the Hall of the House of Representatives at 1:00 P.M. on Wednesday, March 24, 1993, for the purpose of electing members of the respective boards of trustees of Clemson University, Francis Marion University, Lander University, and Winthrop University to fill unexpired terms on those boards because of vacancies which exist.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Fair Farr Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Trotter Vaughn Waites Waldrop Walker Wells Whipper Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
I came in after the roll call and was present for the Session on Thursday, March 11.
Juanita M. White Timothy F. Rogers Roger M. Young Larry L. Elliott Ronald P. Townsend John G. Felder C. Alex Harvin, III B. Hicks Harwell James H. Harrison Larry L. Koon Richard M. Quinn, Jr. Ralph W. Canty
LEAVE OF ABSENCE
The SPEAKER granted Rep. BAXLEY a leave of absence for the day.
Announcement was made that Dr. M. F. McFarland of Columbia is the Doctor of the Day for the General Assembly.
Rep. BOAN moved that when the House adjourns on Thursday, it adjourn to convene at 2:00 P.M. on Monday, March 15, in Statewide Session, which was agreed to.
Rep. BOAN moved that H. 3610, The General Appropriation Bill, be set for Special Order on Monday, March 15 at 2:00 P.M., immediately after the call of the uncontested calendar, and continue each day thereafter until given a second reading, and that the Bill be set for Special Order for third reading immediately after the call of the uncontested calendar, and continue each day thereafter until final disposition, which was agreed to.
Rep. BOAN moved that while debating H. 3610, the General Appropriation Bill, the Bills on the Calendar be printed by number only, which was agreed to.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
H. 3640 -- Reps. Wilkins, Anderson, Vaughn, Haskins, Cato, Jaskwhich, M.O. Alexander, McMahand, Mattos, Baker and Clyborne: A BILL TO AMEND SECTION 6-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO DISTRICTS IN COUNTIES THAT HAVE ADOPTED BY ORDINANCE UNIFORM ELECTION DATES FOR DISTRICTS WITHIN THOSE COUNTIES BEFORE THE EFFECTIVE DATE OF THIS SECTION, AND AUTHORIZE THE FILING OF A STATEMENT OF CANDIDACY BY A CANDIDATE IN ORDER TO HAVE HIS NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF A SPECIAL PURPOSE DISTRICT.
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.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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.
Rep. McMAHAND withdrew his objection to H. 3058 however, other objections remained upon the Bill.
The motion period was dispensed with on motion of Rep. G. BROWN.
Debate was resumed on the following Bill, the pending question being the consideration of amendments, immediate cloture having been ordered.
H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO RESTRUCTURE THE EXECUTIVE BRANCH BY REORGANIZING DEPARTMENTS. (Abbreviated Title)
The motion of Rep. ASKINS to reconsider the vote whereby Amendment No. 24 was tabled, was taken up.
Rep. HODGES moved to table the motion to reconsider.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Baker Barber Breeland Brown, H. Brown, J. Byrd Cato Chamblee Clyborne Cooper Corning Cromer Delleney Fair Fulmer Gamble Gonzales Graham Hallman Harris, J. Harris, P. Haskins Hodges Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McKay McTeer Meacham Moody-Lawrence Neal Phillips Richardson Robinson Scott Sheheen Shissias Simrill Smith, R. Stille Stone Stuart Sturkie Thomas Trotter Vaughn Waites Waldrop Walker Wells Whipper Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Young, A.
Those who voted in the negative are:
Askins Boan Brown, G. Carnell Cobb-Hunter Hines Holt Kennedy McAbee McCraw Neilson Rudnick Wilder, D.
So, the motion to reconsider was tabled.
Rep. BAKER moved to reconsider the vote whereby Amendment No. 1 was adopted.
Rep. COBB-HUNTER moved to table the motion to reconsider.
Rep. GOVAN 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 Askins Bailey, G. Boan Clyborne Cobb-Hunter Cooper Corning Davenport Farr Gamble Harris, J. Harris, P. Harrison Hines Holt Houck Keegan Kirsh Lanford Littlejohn Mattos McAbee McCraw McKay McMahand McTeer Neilson Phillips Rhoad Riser Rogers Sheheen Spearman Stille Stuart Townsend Waites Waldrop Walker Wells Whipper Williams Witherspoon Wright
Those who voted in the negative are:
Baker Barber Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Cromer Delleney Elliott Fair Fulmer Gonzales Govan Graham Hallman Harrell Harrelson Haskins Hodges Huff Hutson Inabinett Jaskwhich Jennings Kelley Kennedy Keyserling Kinon Klauber Koon Law Marchbanks Martin Meacham Moody-Lawrence Richardson Robinson Rudnick Scott Sharpe Shissias Simrill Smith, R. Stoddard Stone Thomas Trotter Vaughn Wilder, D. Wilder, J. Wilkes Wilkins Wofford Worley Young, A. Young, R.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. GOVAN moved to table the amendment.
Rep. GOVAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Baker Barber Breeland Brown, H. Byrd Carnell Cato Chamblee Corning Cromer Delleney Elliott Fair Fulmer Gonzales Govan Graham Hallman Harrell Haskins Hines Hodges Huff Hutson Jennings Kelley Kennedy Keyserling Kinon Klauber Koon Marchbanks Martin Moody-Lawrence Neal Neilson Richardson Robinson Rudnick Scott Sharpe Shissias Simrill Smith, R. Snow Stille Stoddard Stone Thomas Townsend Trotter Vaughn Waites Wilder, D. Wilder, J. Wilkes Wilkins Wofford Worley Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Allison Anderson Askins Boan Clyborne Cobb-Hunter Cooper Davenport Farr Gamble Harrelson Harris, J. Harris, P. Harrison Holt Houck Inabinett Keegan Kirsh Lanford Law Littlejohn Mattos McAbee McCraw McKay McMahand McTeer Meacham Phillips Riser Rogers Sheheen Spearman Stuart Waldrop Walker Wells Whipper Williams Witherspoon Wright
So, the amendment was tabled.
Rep. WILKINS moved to reconsider the vote whereby Amendment No. 147 was tabled.
Rep. SCOTT moved to table the motion to reconsider.
Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Cromer Holt Keegan Kelley Kennedy Kirsh Lanford Littlejohn Moody-Lawrence Neilson Rogers Scott Sharpe Sheheen Stille Waites Walker Wells Williams Witherspoon
Those who voted in the negative are:
Allison Bailey, J. Baker Boan Breeland Brown, H. Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Delleney Fair Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harris, P. Harvin Haskins Huff Hutson Jaskwhich Jennings Keyserling Kinon Klauber Law Marchbanks McAbee McCraw McMahand Meacham Neal Phillips Rhoad Richardson Riser Robinson Rudnick Smith, R. Snow Spearman Stone Stuart Thomas Townsend Trotter Vaughn Waldrop Whipper Wilder, D. Wilder, J. Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
The amendment was then adopted by a division vote of 59 to 16.
Rep. HARRELSON moved to reconsider the vote whereby Amendment No. 12 was tabled.
Rep. HODGES moved to table the motion to reconsider, which was agreed to by a division vote of 66 to 23.
Rep. McABEE proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\CYY\15248SD.93), which was adopted.
Amend the bill, as and if amended, by providing that the Savannah Valley Authority shall be a division of the Department of Commerce under Section 6 with its governing board being abolished.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. KLAUBER moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey, G. Baker Brown, H. Clyborne Fair Govan Graham Harrell Haskins Holt Keegan Kelley Klauber Law Littlejohn Marchbanks Robinson Shissias Thomas Trotter Vaughn Walker Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, J. Beatty Boan Breeland Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Cromer Davenport Delleney Elliott Farr Fulmer Gamble Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Hines Hodges Houck Huff Hutson Inabinett Jaskwhich Jennings Kennedy Keyserling Kinon Kirsh Koon Lanford Martin McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rudnick Scott Sharpe Sheheen Smith, R. Snow Spearman Stille Stone Stuart Townsend Waites Waldrop Whipper Wilder, D. Wilder, J. Wilkes Witherspoon Wofford Worley Wright Young, A. Young, R.
So, the House refused to table the amendment.
Rep. McABEE explained the amendment.
The question then recurred to the adoption of the amendment, which was agreed to by a division of 58 to 13.
Reps. J. WILDER, ROGERS, HARWELL, HARRELSON, WRIGHT, RUDNICK, M.O. ALEXANDER, CARNELL, COBB-HUNTER, T.C. ALEXANDER, CHAMBLEE, HARVIN, FARR, SCOTT, J. BROWN, WAITES, D. WILDER, BREELAND, FELDER, BYRD, J. BAILEY, PHILLIPS, WHITE, ELLIOTT, STODDARD, WILLIAMS, G. BROWN, H. BROWN, WHIPPER, BEATTY, SPEARMAN, SHARPE, HINES, NEILSON, DAVENPORT, McMAHAND and HOUCK proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\436\11076AC.93), which was adopted.
Amend the bill, as and if amended, by deleting in SECTION 7 of the bill the Division of the Blind from the Department of Disabilities and Special Needs and retaining the Commission for the Blind as an unaffected agency in state government.
Amend further by authorizing necessary changes in the text of the bill to conform to the above.
Amend title to conform.
Rep. J. WILDER explained the amendment.
Rep. JENNINGS spoke against the amendment and moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Clyborne Cromer Fair Hodges Jennings Kelley Kirsh Sheheen Vaughn Wofford Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Baker Barber Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Corning Davenport Delleney Elliott Farr Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Haskins Hines Houck Huff Hutson Inabinett Jaskwhich Keegan Kennedy Keyserling Kinon Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Shissias Simrill Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Waites Waldrop Walker Wells Whipper Wilder, D. Wilder, J. Wilkes Witherspoon Worley Wright Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\CYY\15253SD.93), which was tabled.
Amend the bill, as and if amended, in subsection (C) of Section 1-23-510 of the 1976 Code as contained in Section 2 by adding at the end thereof the following:
/In making appointments of administrative law judges, the Governor shall endeavor to appoint attorneys who have exemplary legal skills and who have applied such skills both in the public sector and in private practice over a period of at least ten years./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. CORNING proposed the following Amendment No. 31 (Doc Name L:\council\legis\amend\436\11085AC.93).
Amend the bill, as and if amended, SECTION 9(C), Department of Environmental Regulation, Land Resources Regulatory Division, Section 48-20-60, by deleting on page 384, lines 6-8, and inserting:
/An appeal from the department's division's decision regarding an operating permit may be taken to the council, as provided by Section 48-20-190 an administrative law judge pursuant to the Administrative Procedures Act.
Amend further, SECTION 9(C), Department of Environmental Regulation, Land Resources Regulatory Division, Section 48-20-160, by deleting on page 396 line 34 through /judgment./ on line 38 and inserting:
/An appeal to the council under Section 48-20-190 an administrative law judge stays the effective date until the council's decision on appeal is final. A further appeal to the court of common pleas under Section 48-20-200 stays the effective date until the date of the court judgment./
Amend further, SECTION 9(C), Department of Environmental Regulation, Land Resources Regulatory Division, Section 48-20-190, by deleting on page 398 on line 18 and on line 25 /the council/ and inserting /an administrative law judge/ and by deleting beginning on page 398, line 29, through page 399, line 17, and inserting:
/civil penalties. The person taking the An appeal within thirty days taken after the department's division's decision to an administrative law judge must be in accordance with the Administrative Procedures Act. shall give written notice to the council through its secretary that he desires to appeal and filing a copy of the notice with the department at the same time. If more than one appeal regarding the same certificate, permit, or reclamation plan is filed with the council within the thirty-day period following the decision by the department, the council may consolidate the hearing and review of the appeals by the council. The chairman of the council shall fix a reasonable time, not less than twenty nor more than forty days from the receipt of the appeal, and place for a hearing, giving reasonable notice to the applicant, appellant, and to the department. The council, or a committee of the council designated by the council's rules of procedure, or if agreed by appellant, the council, the operator, and the department, a hearing panel consisting of one or more individuals shall conduct a full and complete hearing as to the matters in controversy, and within thirty days shall give a written decision setting forth its findings of fact and its conclusions. The council or its designated committee or the hearing panel may affirm, affirm with modifications, or overrule the decision of the department and may direct the department to take action required to effectuate its decision. A further appeal may be taken from the appellate decision to the court of common pleas as provided in Section 48-20-200.
Amend further, SECTION 9(C), Department of Environmental Regulation, Land Resources Regulatory Division, by deleting Section 48-20-200 on page 399 and inserting:
/Section 48-20-200. An appeal to the courts an administrative law judge may be taken from any decision of the council, or its designated committee or the hearing panel, in the manner provided by Chapter 7 of Title 18 division pursuant to the Administrative Procedures Act. An appeal also may lie against the department's division's refusal to release part or all of a bond or other security posed under Section 48-20-110 as provided in Section 48-20-130. The appeal may be filed in the court of common pleas for Richland County or for the county in which the mining operation is to be conducted./
Amend further, SECTION 9(C), Department of Environmental Regulation, Land Resources Regulatory Division, Section 48-20-210 by deleting on page 399, line 31 /council/ and inserting /Land Resources Regulatory 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. CORNING moved to adjourn debate upon the amendment, which was adopted.
Reps. COBB-HUNTER, BEATTY, SCOTT and WHITE proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\DKA\4350AL.93), which was tabled.
Amend the bill, as and if amended, Section 1-30-10(E), SECTION 1, to read:
/(E) A department director or constitutional officer may appoint deputy directors to head the divisions of their department, with each deputy director managing one or more of the divisions. In making the appointments, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. Deputy directors serve at the will and pleasure of the director. The deputy director of the division is vested with the duty of overseeing, managing, and controlling operation and administration of the division under the direction and control of the department director and performing other duties as delegated by the director./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. STODDARD a leave of absence for the remainder of the day.
Reps. COBB-HUNTER, BEATTY, MATTOS and WHITE proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\DKA\4338AL.93), which was adopted.
Amend the bill, as and if amended, SECTION 11.
Department of Health. There is created within the Department of Health, the Minority Health Division. The Office of Minority Health, within the Department of Health and Environmental Control, is transferred to this 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. COBB-HUNTER explained the amendment.
The amendment was then adopted.
Reps. BEATTY, SCOTT and COBB-HUNTER proposed the following Amendment No. 35 (Doc Name L:\council\legis\amend\DKA\4346AL.93), which was tabled.
Amend the bill, as and if amended, by moving the Santee Cooper, an independent agency, to the Department of Commerce. Any boards or commissions are dissolved and the powers and duties are transferred to the Department of Commerce. Any bonding authority is vested in the Director 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. BEATTY moved to table the amendment, which was agreed to.
Reps. BEATTY, SCOTT and COBB-HUNTER proposed the following Amendment No. 36 (Doc Name L:\council\legis\amend\DKA\4345AL.93), which was tabled.
Amend the bill, as and if amended, by moving the Ports Authority, an independent agency, to the Department of Commerce. Any boards or commissions are dissolved and the powers and duties are transferred to the Department of Commerce. Any bonding authority is vested in the Director 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. BEATTY moved to table the amendment, which was agreed to.
Reps. BEATTY, SCOTT and COBB-HUNTER proposed the following Amendment No. 37 (Doc Name L:\council\legis\amend\DKA\4344AL.93), which was tabled.
Amend the bill, as and if amended, by moving the Research Authority, an independent agency, to the Department of Commerce. Any boards or commissions are dissolved and the powers and duties are transferred to the Department of Commerce. Any bonding authority is vested in the Director 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. HODGES moved to table the amendment, which was agreed to.
Reps. BEATTY, SCOTT and COBB-HUNTER proposed the following Amendment No. 38 (Doc Name L:\council\legis\amend\DKA\4343AL.93), which was tabled.
Amend the bill, as and if amended, by moving JEDA, an independent agency, to the Department of Commerce. Any boards or commissions are dissolved and the powers and duties are transferred to the Department of Commerce. Any bonding authority is vested in the Director 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. BEATTY moved to table the amendment, which was agreed to.
Reps. BEATTY, SCOTT, COBB-HUNTER and WHITE proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\DKA\4342AL.93), which was tabled.
Amend the bill, as and if amended, by moving the Savannah Valley Authority, an independent agency, to the Department of Commerce. Any boards or commissions are dissolved and the powers and duties are transferred to the Department of Commerce. Any bonding authority is vested in the Director 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. BEATTY moved to table the amendment, which was agreed to.
Reps. HODGES, SHEHEEN and JENNINGS proposed the following Amendment No. 46 (Doc Name L:\council\legis\amend\CYY\15266SD.93), which was adopted.
Amend the bill, as and if amended, in Section 1-23-620 of the 1976 Code, as contained in Section 2, by striking subsection (C) 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. HODGES explained the amendment.
The amendment was then adopted.
Rep. ROGERS proposed the following Amendment No. 48 (Doc Name L:\council\legis\amend\CYY\15268SD.93), which was tabled.
Amend the bill, as and if amended, by striking subitem (3) as contained in Section 19 which begins on line 31 of page 2091 and inserting:
/(3) Section 24-21-14 of the 1976 Code is reenacted to read:
"Section 24-21-14. The Director of the Department of Rehabilitation and Corrections shall appoint a Deputy Director of Probation, Pardons and Parole. In selecting the Deputy Director, the Parole Board shall submit the names of up to three individuals to the Director for consideration. The Director must select the Deputy Director from the list submitted by the Parole Board."/
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. SCOTT proposed the following Amendment No. 51 (Doc Name L:\council\legis\amend\DKA\4365AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 2. Administrative Law Judge Division. Section 1-23-510(A). To provide that the Administrative Law Judges are elected by the General Assembly in the same manner as the judges and justices of the Circuit Court, Court of Appeals, and Supreme Court.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 51 was out of order as it was the same as a previous Amendment No. 132, which had already been debated by the House.
The SPEAKER stated that the previous amendment debated by the House added language which changed the terms and it was not the same as this one and he overruled the Point of Order.
Rep. HODGES moved to table the amendment, which was agreed to by a division vote of 53 to 29.
Reps. JENNINGS and ROGERS proposed the following Amendment No. 52 (Doc Name L:\council\legis\amend\CYY\15261SD.93), which was tabled.
Amend the bill, as and if amended, by striking subitem (3) as contained in Section 19 which begins on line 31 of page 2091 and inserting:
/(3) Section 24-21-14 of the 1976 Code is reenacted to read:
"Section 24-21-14. The Director of the Department of Rehabilitation and Corrections shall appoint a Deputy Director of Probation, Pardons and Parole. In selecting the Deputy Director, the Parole Board shall submit the names of up to three individuals to the Director for consideration. The Director may select the Deputy Director from the list submitted by the Parole Board."/
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.
Debate was resumed on Amendment No. 53, which was proposed on Tuesday, March 9, by Rep. CANTY.
Rep. HODGES moved to table the amendment, which was agreed to.
Rep. CANTY proposes the following Amendment No. 54 (Doc Name L:\council\legis\amend\DKA\4348AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 2. Administrative Law Judge Division. Members of the General Assembly are prohibited from being appointed by the Governor as an administrative law judge while members of the General Assembly and for four years after leaving the General Assembly.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. HODGES moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 56 (Doc Name L:\council\legis\amend\JIC\5515HC.93), which was adopted.
Amend the bill, as and if amended, in Section 1-23-540, page 34, by striking /the same/ on line 32 and inserting /equal to eighty percent/ and on line 35, by striking /ninety/ and inserting /seventy/.
Amend further, by inserting after line 4 on page 35:
/Administrative law judges are members of the South Carolina Retirement System as provided in Chapter 1 of Title 9./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. HODGES moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Clyborne Fair Gonzales Graham Haskins Hodges Jennings Koon Martin Sturkie Thomas Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, G. Bailey, J. Baker Barber Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Cato Chamblee Cobb-Hunter Cooper Cromer Davenport Delleney Elliott Farr Felder Gamble Govan Harrell Harrelson Harris, J. Harris, P. Harvin Harwell Hines Houck Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Kinon Kirsh Klauber Lanford Law Littlejohn Marchbanks McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Simrill Smith, R. Snow Stille Stone Stuart Trotter Vaughn Waites Walker Wells Whipper Wilder, D. Wilkes Williams Witherspoon Wofford Worley Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The SPEAKER granted Rep. G. BAILEY a leave of absence for the remainder of the day.
Debate was resumed on Amendment No. 57, which was proposed on Tuesday, March 9, by Reps. KIRSH, HUFF, STONE and R. SMITH.
Rep. KIRSH moved to table the amendment, which was agreed to.
Rep. M.O. ALEXANDER proposed the following Amendment No. 60 (Doc Name L:\council\legis\amend\BBM\10333JM.93), which was tabled.
Amend the bill, as and if amended, Volume I, Section 3 (Screening Committees), page 65, Code Section 2-19-10, by striking line 14 and inserting:
/qualifications of the candidates. The chairmanship of the joint committee must be rotated between a senator and a House member every two years, with the initial such chairmanship to be determined by lot. Each body shall/
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Amend title to conform.
Rep. M.O. ALEXANDER moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 62 (Doc Name L:\council\legis\amend\DKA\4370SD.93), which was tabled.
Amend the bill, as and if amended, Section 1-23-540 as contained in SECTION 2. Administrative Law Judge Division, by striking the first sentence and inserting:
/The chief judge shall receive as annual salary eighty percent of that paid to the circuit court judges of this State and the associate judges shall receive as annual salary seventy percent of that paid to the circuit court judges of this 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. KIRSH moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 78 (Doc Name L:\council\legis\amend\CYY\15271SD.93), which was tabled.
Amend the bill, as and if amended, by striking subsection (A) of Section 2 which established the Administrative Law Judge Division, by providing that the director of a particular department is the final arbiter of contested cases under the Administrative Procedures Act insofar as agency action is concerned, and to provide that appeal from final actions of the agency shall be to the Circuit Court.
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.
The SPEAKER granted Rep. WILLIAMS a leave of absence for the remainder of the day.
Rep. KIRSH proposed the following Amendment No. 80 (Doc Name L:\council\legis\amend\CYY\15272SD.93), which was tabled.
Amend the bill, as and if amended, by transferring the Continuum of Care for Emotionally Disturbed Children from the Governor's Office in Section 22 to the Department of Mental Health in Section 16 as a division thereof 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. CLYBORNE moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Baker Brown, H. Cato Clyborne Cooper Cromer Elliott Fair Fulmer Gamble Gonzales Graham Harrell Harris, P. Harrison Harwell Haskins Hodges Huff Hutson Jaskwhich Keegan Kelley Kinon Klauber Koon Law Marchbanks Martin Robinson Sharpe Sheheen Shissias Simrill Smith, R. Snow Sturkie Thomas Trotter Waites Waldrop Walker Wells Witherspoon Wofford Worley Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Beatty Breeland Brown, G. Brown, J. Byrd Chamblee Cobb-Hunter Davenport Delleney Felder Harrelson Harris, J. Harvin Hines Houck Inabinett Kennedy Keyserling Kirsh Lanford Littlejohn Mattos McCraw McElveen McKay McLeod McMahand Moody-Lawrence Neal Neilson Phillips Richardson Rogers Rudnick Scott Stille Stuart Whipper Wilder, D. Wilkes
So, the amendment was tabled.
Rep. KIRSH proposed the following Amendment No. 83 (Doc Name L:\council\legis\amend\DKA\4377SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Research Authority is removed from independent status and made a division of the Department of Commerce in SECTION 6 with its governing board being abolished.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH moved to table the amendment, which was agreed to.
Reps. RUDNICK, McLEOD, G. BROWN, McTEER and McELVEEN proposed the following Amendment No. 84 (Doc Name L:\council\legis\amend\N05\8963BD.93), which was tabled.
Amend the bill, as and if amended, SECTION 2, ADMINISTRATIVE LAW JUDGE DIVISION, by striking Sections 1-23-510, 1-23-520, 1-23-530, and 1-23-570 and inserting:
/Section 1-23-510. (A) The judges of the division must be elected by the General Assembly after undergoing screening by 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 elected and qualify. However, of those judges initially elected, the chief judge (Seat 1) and the judge 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 General Assembly may perform the screening process before the commencement of the term of the seat for which the election is made. The terms of office of the judges of the division begin on July first of the year of election.
(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 elected shall hold office only for the unexpired term of his predecessor.
(C) In electing administrative law judges, race, gender, and other demographic factors including age, residence, type of practice, and law firm size must 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 election.
(E) If 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.
Section 1-23-520. No person is eligible for the office of chief judge or associate judge of the division who does not at the time of his election meet the qualification for justices and judges as set forth in Article V of the Constitution of this State.
Section 1-23-530. The judges of the division shall qualify after the date of their election by taking the constitutional oath of office.
Section 1-23-570. The Judicial Department headed by the Chief Justice is responsible for the administration of the division. The chief judge, subject to approval by the Chief Justice, shall assign cases to the judges of the division including himself and generally rotate and interchange the judges of the division among the various state departments or commissions for which it is responsible for hearing contested cases. However, the chief judge may consider the subject matter expertise of judges in making hearing assignments./
Amend further, SECTION 2, ADMINISTRATIVE LAW JUDGE DIVISION, by deleting Section 1-23-550 which reads:
/Section 1-23-550. In the event a vacancy should occur in the office of an administrative law judge, the Governor may temporarily fill it with the appointment of an interim administrative law judge to serve at the will and pleasure of the Governor until the appointment and qualification of a judge is completed pursuant to the provisions of Section 1-23-510 during the next regular session of the General Assembly. Such interim judges must possess the qualifications set forth in Section 1-23-520. This provision empowers the Governor to appoint interim administrative law judges for each initial seat created in Section 1-23-500, with such interim appointments effective 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 51 to 30.
Reps. RUDNICK, McLEOD, G. BROWN and McELVEEN proposed the following Amendment No. 85 (Doc Name L:\council\legis\amend\N05\8962BD.93), which was tabled.
Amend the bill, as and if amended, SECTION 2, ADMINISTRATIVE LAW JUDGE DIVISION, by striking Section 1-23-610 and inserting:
/Section 1-23-610. (A) The hearings and proceedings concerning contested cases must be transcribed and are open to the public unless confidentiality is allowed or required by law. The presiding administrative law judge shall render the decision in a written order. The decisions or orders of these administrative law judges are not required to be published but are available for public inspection unless the confidentiality thereof is allowed or required by law.
(B) An appeal from a final decision of an administrative law judge, except decisions in workers' compensation cases, are to the circuit court of the county of residence of the subject of the dispute. Appeals must be served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge.
(C) The review of the administrative law judge's order must be confined to the record. The circuit court 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:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the agency;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(D) In workers' compensation cases, the procedure for appeal and standard of review of a decision of an administrative law judge is subject to the provisions of Title 42./
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 50 to 30.
Reps. RUDNICK and G. BROWN proposed the following Amendment No. 86 (Doc Name L:\council\legis\amend\N05\8964BD.93), which was tabled.
Amend the bill, as and if amended, SECTION 1, DEPARTMENTS OF STATE GOVERNMENT, by striking Section 1-30-10(E) and inserting:
/(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. Deputy directors serve at the will and pleasure of the director or officer. However, a deputy director must not be removed until he is given six months notice by his director or officer. The deputy director of a division is vested with the duty of overseeing, managing, and controlling the operation and administration of the division under the direction and control of the department director or constitutional officer and performing such other duties as delegated by the director or officer./
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 43 to 15.
Rep. McABEE proposed the following Amendment No. 89 (Doc Name L:\council\legis\amend\436\11086AC.93), which was tabled.
Amend the bill, as and if amended, by transferring the Continuum of Care for Emotionally Disturbed Children from the Office of the Governor, as contained in SECTION 22, 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 moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 92, which was proposed on Wednesday, March 10, by Rep. FARR.
Rep. FARR moved to table the amendment, which was agreed to.
Rep. SCOTT proposed the following Amendment No. 95 (Doc Name L:\council\legis\amend\DKA\4385AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 2. Administrative Law Judges Division. Section 1-23-600(B) by excluding the State Human Affairs Commission proceedings from reviews by the Administrative Law Judges and to require that all proceedings of the State Human Affairs Commission remain unaffected and independent.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. HODGES moved to table the amendment.
Rep. J. BROWN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 42 to 8.
Debate was resumed on Amendment No. 99, which was proposed on Wednesday, March 10, by Rep. WAITES.
Rep. WAITES moved to table the amendment, which was agreed to.
Rep. CANTY proposed the following Amendment No. 106 (Doc Name L:\council\legis\amend\BBM\10338AL.93), which was tabled.
Amend the bill, as and if amended, SECTION 2. Administrative Law Judge Division. Persons employed by the Governor's office are prohibited from being appointed by the Governor as an administrative law judge while they are employees of the Governor's office and for four years after leaving the Governor's office.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.
Renumber sections to conform.
Amend title to conform.
Rep. HODGES moved to table the amendment, which was agreed to.
Reps. NEAL, CROMER and COBB-HUNTER proposed the following Amendment No. 126 (Doc Name L:\council\legis\amend\CYY\15285SD.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. NEAL moved to table the amendment, which was agreed to.
Reps. TOWNSEND, LITTLEJOHN, DAVENPORT, ELLIOTT, STONE, KELLEY, NEAL, LAW, CHAMBLEE, ROGERS, VAUGHN, CATO, BAKER, WILKES, KOON, BEATTY, SHARPE, KENNEDY, CARNELL, P. HARRIS, STILLE and SCOTT proposed the following Amendment No. 127 (Doc Name L:\council\legis\amend\CYY\15279SD.93), which was tabled.
Amend the bill, as and if amended, in subsection (B), Section 2, by adding a new section to be appropriately numbered which shall read:
/Section _____. Notwithstanding any other provision of law, after an administrative law judge has issued a written report regarding a proposed regulation as provided in Section 1-23-111, the regulation may not take effect until it has been submitted to the General Assembly for approval and within a period of one hundred twenty days after submission has been approved by the General Assembly by act or joint resolution. The provisions of this section do not apply to emergency regulations which must continue to be promulgated and approved in the manner 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. TOWNSEND moved to table the amendment, which was agreed to.
Rep. McELVEEN proposed the following Amendment No. 135 (Doc Name L:\council\legis\amend\JIC\5495SD.93), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The State Reorganization Commission and the Legislative Audit Council shall jointly study state government in order to make recommendations concerning the following objectives:
(1) to implement changes that will make state government more efficient, effective, and accountable to the people of the State;
(2) to eliminate unnecessary duplication of government services and administration by streamlining state government;
(3) to consolidate agencies' functions and administration wherever such consolidation is both feasible and desirable;
(4) to study the desirability of implementing Total Quality Management (TQM) in state government; and
(5) to study the regency system of higher education and other organizational structures of other states' higher education systems in order to compare to South Carolina's present system for the purpose of the possible reorganization of this state's system of higher education.
In their study the commission and the council shall give consideration to recent reports of the committee on the future of South Carolina and the Commission on Government Restructuring.
SECTION 2. The State Reorganization Commission and the Legislative Audit Council shall delay or suspend all sunset review, other projects, and activities to the extent necessary to ensure that the objectives herein specified are given priority and are accomplished within the prescribed timeframe. If additional funding is deemed necessary, the commission and the council must request and justify such funding in the annual appropriation process.
SECTION 3. (A) The manner in which the study required by this resolution must be conducted is provided in this subsection. The Legislative Audit Council shall first conduct an audit of the agencies and departments falling within a division classification hereinafter established in subsection (C) and shall render a report thereon to the State Reorganization Commission in the same manner that audits are conducted and reports rendered as provided by Chapter 15, Title 2 of the 1976 Code. The State Reorganization Commission shall then examine the report of the Audit Council and make a recommendation as to any desirable reorganization or consolidation of the agencies and departments examined in the report and shall make its recommendations to the Governor and the General Assembly in the same manner it prepares and submits reorganization plans as provided by Chapter 19, Title 1 of the 1976 Code.
(B) For purposes of subsection (C), agencies and departments must be grouped within the particular divisions therein established as determined by the Audit Council and Reorganization Commission, except that to the extent possible the Audit Council and Reorganization Commission shall group agencies within divisions in the same manner the agencies are grouped within divisions in the recapitulation section of the most recent annual general appropriations bill.
(C) The study of the Audit Council and the Reorganization Commission must be conducted and rendered according to the following schedule:
(1) Transportation Division;
(a) date Audit Council report due Reorganization Commission 12/31/93
(b) date Reorganization Commission recommendation due 6/30/94
(c) date agencies terminated unless General Assembly restructures or reauthorizes 6/30/95
(2) Health and Human Services, Environmental and Health Services Divisions;
(a) date Audit Council report due
Reorganization Commission 6/30/94
(b) date Reorganization Commission recommendation due 12/31/94
(c) date agencies terminated unless General Assembly restructures or reauthorizes 6/30/95
(3) Public Instruction, Higher Education Divisions;
(a) date Audit Council report due Reorganization Commission 12/31/94
(b) date Reorganization Commission recommendation due 6/30/95
(c) date agencies terminated unless General Assembly restructures or reauthorizes 6/30/96
(4) Administration, Adjutant General Divisions;
(a) date Audit Council report due
Reorganization Commission 6/30/95
(b) date Reorganization Commission recommendation due 12/31/95
(c) date agencies terminated unless General Assembly restructures or reauthorizes 6/30/97
(5) Corrections, Rehabilitation, Public Safety Divisions;
(a) date Audit Council report due Reorganization Commission 12/31/95
(b) date Reorganization Commission recommendation due 6/30/96
(c) date agencies terminated unless General Assembly restructures or reauthorizes 6/30/97
(6) Commerce, Natural Resources,Agriculture Divisions;
(a) date Audit Council report due
Reorganization Commission 6/30/96
(b) date Reorganization Commission recommendation due 12/31/96
(c) date agencies or other entities terminated unless General Assembly restructures or reauthorizes 6/30/97
(7) Literary and Cultural Affairs, Employment Services Divisions;
(a) date Audit Council report due Reorganization Commission 12/31/96
(b) date Reorganization Commission recommendation due 6/30/97
(c) date agencies terminated unless General Assembly restructures or reauthorizes 6/30/98
(D) The Audit Council and Reorganization Commission may complete their reports or recommendations sooner than the dates specified in subsection (C) if their budgets and workloads allow, but the dates required for General Assembly restructuring or reauthorization, which are also the termination dates for the agencies or entities if the General Assembly does not act, remain the same.
(E) Any public authority or entity established by state law, including the State Ports Authority, the South Carolina Research Authority, the State Public Railways Commission, and the South Carolina Public Service Authority, the funding and revenues of which are not expended or appropriated by the General Assembly in the annual state general appropriations act are deemed to come within the commerce division and must be studied and audited in the same manner as are other state agencies and departments coming within the commerce division.
(F) If the General Assembly does not adopt the report of the Audit Council and the recommendations of the Reorganization Commission by enacting appropriate legislation or if it does not otherwise extend that agency or department by act or joint resolution, the agency or department is abolished as of the date specified in subsection (C).
(G) The provisions of Chapter 20, Title 1 of the 1976 Code, relating to the sunsetting of certain agencies and departments are suspended until July 1, 1998.
SECTION 4. The chairmen of Senate and House standing committees and all officers of these bodies including the majority and minority leaders may attend and participate in all State Reorganization Commission meetings which are held in accordance with the requirements of this resolution.
SECTION 5. The Reorganization Commission shall meet each fiscal year at least one time at a central location within each of the state's congressional districts in the evening hours, in order to assure maximum citizen participation, to discuss and receive public input on the need for governmental reorganization and ideas on how to best structure an effective, efficient, and accountable state government.
SECTION 6. This act takes effect upon approval by 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. McELVEEN explained the amendment.
Rep. HODGES moved to table the amendment, which was agreed to by a division vote of 49 to 21.
Rep. JENNINGS proposed the following Amendment No. 143 (Doc Name L:\council\legis\amend\CYY\15297SD.93), which was tabled.
Amend the bill, as and if amended, in Section 1-23-111 of the 1976 Code, as contained in Section 2 on page 43, by inserting immediately after /including/ on line 15 the following:
/a cost-benefit analysis and/.
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.
Reps. McLEOD and G. BROWN proposed the following Amendment No. 155 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Veterans Affairs Commission is removed from the bill and made an independent agency, department, or commission, 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. 156 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Commission on Women is removed from the bill and made an independent agency, department, or commission, 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. 157 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Continuum of Care is removed from the bill and made an independent agency, department, or commission, 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. 158 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Guardian Ad Litem Program is removed from the bill and made an independent agency, department, or commission, 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. 159 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Consumer Affairs is removed from the bill and made an independent agency, department, or commission, 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. 160 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the State Office of Victim's Assistance is removed from the bill and made an independent agency, department, or commission, 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. 161 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Superintendent of Education is removed from the bill and made an independent agency, department, or commission, 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. 162 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Public Education is removed from the bill and made an independent agency, department, or commission, 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. 163 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Clemson P.S.A. Programs is removed from the bill and made an independent agency, department, or commission, 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. 164 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the ABC is removed from the bill and made an independent agency, department, or commission, 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. 165 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the S.C. Department of Highways and Public Transportation is removed from the bill and made an independent agency, department, or commission, 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. 166 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the SLED is removed from the bill and made an independent agency, department, or commission, 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. 167 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Law Enforcement Hall of Fame is removed from the bill and made an independent agency, department, or commission, 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. 168 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Law Enforcement Training Council is removed from the bill and made an independent agency, department, or commission, 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. 169 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the P.S.C. is removed from the bill and made an independent agency, department, or commission, 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. 170 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Department of Corrections is removed from the bill and made an independent agency, department, or commission, 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. 171 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Department of Youth Services is removed from the bill and made an independent agency, department, or commission, 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. 172 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Probation, Pardon and Parole is removed from the bill and made an independent agency, department, or commission, 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. 173 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the POLAS is removed from the bill and made an independent agency, department, or commission, 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. 174 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Department of Labor is removed from the bill and made an independent agency, department, or commission, 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. 175 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Pyrotechnic Safety Board is removed from the bill and made an independent agency, department, or commission, 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. 176 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Insurance is removed from the bill and made an independent agency, department, or commission, 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. 177 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Patient's Compensation Fund is removed from the bill and made an independent agency, department, or commission, 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. 178 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Workers' Compensation is removed from the bill and made an independent agency, department, or commission, 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. 179 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the DHEC is removed from the bill and made an independent agency, department, or commission, 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. 180 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Department of Mental Retardation is removed from the bill and made an independent agency, department, or commission, 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. 181 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Commission for the Blind is removed from the bill and made an independent agency, department, or commission, 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. 182 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Wil Lou Gray Opportunity School is removed from the bill and made an independent agency, department, or commission, 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. 183 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Commission on Aging is removed from the bill and made an independent agency, department, or commission, 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. 184 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Department of Social Services is removed from the bill and made an independent agency, department, or commission, 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. 185 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Foster Care Review Board is removed from the bill and made an independent agency, department, or commission, 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. 186 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the John De La Howe is removed from the bill and made an independent agency, department, or commission, 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. 187 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Railways Commissions is removed from the bill and made an independent agency, department, or commission, 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. 188 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Tax Commission is removed from the bill and made an independent agency, department, or commission, 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. 189 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the State Development Board is removed from the bill and made an independent agency, department, or commission, 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. 190 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Coordinating Council for Economic Development is removed from the bill and made an independent agency, department, or commission, 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. 191 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Aeronautic Commission is removed from the bill and made an independent agency, department, or commission, 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. 192 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the SCAADA is removed from the bill and made an independent agency, department, or commission, 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. 193 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the PRT is removed from the bill and made an independent agency, department, or commission, 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. 194 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Art Commission is removed from the bill and made an independent agency, department, or commission, 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. 195 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Library is removed from the bill and made an independent agency, department, or commission, 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. 196 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Land Resources is removed from the bill and made an independent agency, department, or commission, 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. 197 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Water Resources is removed from the bill and made an independent agency, department, or commission, 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. 198 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Coastal Council is removed from the bill and made an independent agency, department, or commission, 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. 199 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Wildlife is removed from the bill and made an independent agency, department, or commission, 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. 200 (Doc Name L:\council\legis\amend\CYY\15302SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Forestry Division is removed from the bill and made an independent agency, department, or commission, 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. 207 (Doc Name L:\council\legis\amend\CYY\15304SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Fire Marshal of the department of Budget and Control Board 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. 208 (Doc Name L:\council\legis\amend\CYY\15304SD.93), which was tabled.
Amend the bill, as and if amended, by providing that the Administration of the department of Workers' Compensation 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.
Debate was resumed on Amendment No. 209, which was proposed on Wednesday, March 10, by Rep. McELVEEN.
Rep. McELVEEN explained the amendment.
Rep. JENNINGS moved to table the amendment, which was not agreed to.
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 Askins Boan Brown, H. Carnell Clyborne Cooper Corning Cromer Delleney Elliott Fair Felder Fulmer Gamble Gonzales Graham Harrell Harris, J. Harrison Harwell Haskins Hodges Huff Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Koon Lanford Littlejohn Marchbanks McAbee McCraw McKay McTeer Meacham Moody-Lawrence Phillips Quinn Rhoad Richardson Riser Robinson Sharpe Sheheen Shissias Simrill Smith, R. Snow Stone Stuart Thomas Trotter Vaughn Walker Wilkes Witherspoon Wofford Young, A.
Those who voted in the negative are:
Anderson Breeland Brown, G. Byrd Chamblee Cobb-Hunter Davenport Farr Harrelson Harvin Hines Houck Inabinett Kennedy Keyserling Law McElveen McLeod McMahand Neal Neilson Rudnick Spearman Townsend Waites Whipper Wilder, D. Worley
So, the amendment was tabled.
Rep. DAVENPORT proposed the following Amendment No. 222 (Doc Name L:\council\legis\amend\17126ac.93), which was tabled.
Amend the bill, as and if amended, by transferring the School for the Deaf and Blind, from the Department of
, to a separate and independent state agency in state government retaining 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. DAVENPORT moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 231, which was proposed on Wednesday, March 10, by Reps. CROMER, McELVEEN and WHITE.
Rep. McELVEEN explained the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Askins Boan Brown, H. Chamblee Clyborne Cooper Corning Delleney Elliott Fair Fulmer Gamble Gonzales Graham Harrell Harris, J. Harris, P. Harrison Harwell Haskins Hodges Huff Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Koon Lanford Littlejohn Marchbanks McCraw McKay McTeer Meacham Phillips Quinn Rhoad Richardson Riser Robinson Sharpe Sheheen Shissias Simrill Smith, R. Stille Stone Stuart Sturkie Thomas Trotter Vaughn Walker Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, G. Byrd Cobb-Hunter Cromer Davenport Govan Harrelson Harvin Hines Houck Inabinett Keyserling McElveen McLeod McMahand Moody-Lawrence Neal Rudnick Snow Spearman Waites Whipper Wilder, D. Wilkes
So, the amendment was tabled.
Reps. McELVEEN and McLEOD proposed the following Amendment No. 238 (Doc Name L:\council\legis\amend\WWW\30023DW.93), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . The Commission on Higher Education, created pursuant to the provisions of Chapter 103 of Title 59 of the 1976 Code of Laws, is transferred to a new division within the Department of Education, as contained in SECTION 8. The commission is abolished and its duties, powers and responsibilities are transferred to the State Board of Education./
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, which was agreed to.
I did not vote on #238 since my brother is the Commissioner of Higher Education.
Rep. ROBERT J. SHEHEEN
Debate was resumed on Amendment No. 31, by Rep. CORNING.
Rep. CORNING explained the amendment.
Rep. WILKES spoke against the amendment and moved to table the amendment.
Rep. CORNING 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 Boan Breeland Brown, H. Carnell Chamblee Clyborne Cooper Elliott Felder Gamble Harris, J. Harris, P. Hodges Houck Huff Hutson Inabinett Jaskwhich Jennings Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks McAbee McCraw McKay McTeer Moody-Lawrence Phillips Rhoad Richardson Riser Rudnick Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Stone Stuart Sturkie Townsend Trotter Vaughn Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Brown, G. Byrd Cobb-Hunter Corning Cromer Delleney Fulmer Gonzales Govan Graham Harrell Harrelson Harrison Harvin Harwell Haskins Hines Keegan Kelley Kennedy Keyserling McElveen McLeod McMahand Meacham Neal Quinn Robinson Rogers Shissias Spearman Thomas Waites Whipper
So, the amendment was tabled.
Rep. G. BROWN spoke against the Bill.
Rep. McLEOD spoke against the Bill.
Rep. WILKES spoke against the Bill.
Rep. ROGERS spoke in favor of the Bill.
Rep. McELVEEN spoke against the Bill.
Rep. HODGES moved to waive Rule 6.1, which was agreed to.
Rep. HARRELSON spoke against the Bill.
The SPEAKER granted Rep. SNOW a leave of absence for the remainder of the day.
Reps. CLYBORNE, HARWELL and WILKINS spoke in favor of the Bill.
Rep. SCOTT spoke against the Bill.
Rep. HASKINS spoke in favor of the Bill.
Rep. WAITES spoke in favor of the Bill.
Rep. WAITES continued speaking.
Rep. CROMER spoke in favor of the Bill.
Rep. SHEHEEN spoke in favor of the Bill.
Rep. COBB-HUNTER spoke in favor of the Bill.
Rep. COBB-HUNTER continued speaking.
Rep. INABINETT spoke against the Bill.
Rep. HARRELL spoke in favor of the Bill.
Rep. BYRD spoke against the Bill.
Rep. KENNEDY spoke in favor of the Bill.
Rep. CANTY spoke against the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, J. Baker Barber Boan Breeland Brown, H. Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stone Stuart Sturkie Thomas Townsend Trotter Vaughn Waites Waldrop Walker Wells Whipper Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, R.
Those who voted in the negative are:
Anderson Brown, G. Brown, J. Byrd Canty Carnell Davenport Harrelson Harvin McElveen McLeod Sharpe
So, the Bill, as amended, was read the second time and ordered to third reading.
I inadvertently hit the wrong button. I wish to be recorded as voting against the Bill.
Rep. J. NEAL
I voted for 3546 because I support the restructuring of state government, but I have reservations about voting for a Bill that I was not given sufficient time to read and deliberate.
Rep. TIM WILKES
I have voted against H. 3546. These are my major reasons: (1) I am not comfortable that I have had the time to understand this Bill and the amendments; (2) I fear the Bill creates a new "hodge podge" government for a new "hodge podge" government, since a number of agencies are not "restructured"; (3) the Bill creates mega-agencies, at a time when most institutions are "down-sizing" and allowing decision-making at lower levels; (4) the Bill does not have specific goals for savings and efficiency, a minimal expectation of any restructure; (5) I am very concerned about the concept of Administrative Law Judges in the Bill, believing that individuals and those with environmental concerns are receiving less justice than they deserve; (6) and although I asked many times, no advocate for the Bill has given one specific improvement for the average citizen as a result of this Bill. I submitted amendments, unsuccessfully, to correct the problems and suggest above. The language of the Bill related to non-discriminatory appointments; the language of the Bill allowing agency managers more autonomy (allowing them, for instance, to "receive???" 80% of monies they "save" in their agencies); and the language of the Bill mandating a unitary permit for agencies, are from Bills and amendments I filed. I regret that I cannot vote with the majority.
Rep. JOE McELVEEN
I vote against H. 3546 out of great frustration, it has been too fast, most have not read or understand its 2556 pages. The speed rather than thought has created bigger government and less responsive and accountable to the average citizen. From a government with the greatest citizen participation in the world, to the abolition of all citizens' boards and commissions. Big government will be responsive and accessible to big business, but not to the average citizen's concerns, only those who have access to the Governor. Government becomes more political and more tempting to corruption and abuse by our all powerful Governor who, at most, will face only one election of accountability. Only those agencies that provide services have been affected and glued together, with bad glue, and affect only 31% of the money; while the sacred cows that spend 69% of the money are left untouched.
Rep. JAMES HARRELSON
Having campaigned on a platform to restructure state government, I vote for H. 3546 with reservation. In addition to the reservations stated so eloquently by Representative HARRELSON and so profoundly by Representative McELVEEN, I must state my reservations:
1) The process - the most attractive challenge of serving as a representative is the opportunity to deliberate. I protest the concentration of this opportunity solely in two committees. The 2500 page product of which was produced was "done" when presented to the House.
2) The target date for implementation - who set the date? Why the rush with no transitional time frame?
3) General framework - we have decided to completely destroy citizen participation by the elimination of boards and commissions and move to a system which strengthens the authority of one person - the Governor. Could we not provide accountability through a combination of a stronger executive and provisions for citizen participation? I say that open deliberation during the process and a broader base for participation, i.e., use of all standing committees, would have resulted in a more creative effective product. Yes, much that was broken was fixed, but much that was not broken was damaged. I vote for the Bill with the hope that we have not lost the sense of how necessary it is to review in a timely fashion what we have done in order to correct deficiencies and move forward with a more efficient, accountable and democratic government.
Rep. LUCILLE S. WHIPPER
I voted for H. 3546 because I support the restructuring of South Carolina's government, but I have strong reservations supporting a Bill I have not been allowed sufficient time to read in full.
Rep. CANDY WAITES
I am in favor of accountability and efficiency in government, and believe that taxpayers must have their tax money used wisely.
To accomplish restructuring by statute and not by constitutional amendment was important. Change by constitutional amendment can only be made by a two-thirds vote of the House and Senate and submitted to the people for approval. A statutory change requires a majority vote of the House and Senate.
I regret that there has not been a full study of this Bill, nor enough time devoted to this debate. The Ethics Legislation took nine months for passage even though for many years prior to its passage I had made effort to pass ethics legislation. There are parts of that legislation that still need change.
Recall of public officials should be the right of the people before we place the awesome power in the Governor as we have in this Bill. Initiative is the right of the people to initiate legislation and this power has not been given to the people of this State on the state level. Recall and initiative were introduced by me, but were held to be non germane in this debate. It should have been a must in restructuring. Amendments to make the members of the Public Service Commission and the Insurance Commissioner elected by the people were defeated in this debate on restructuring. This was another opportunity to give the people more influence in government.
The process should have been tested on a microcosmic level to see and recognize the problems which it is bound to present.
The Administrative Law Judges presents a very serious problem. They should have been elected as all other judges in the State are. The appeals process should have been made as all other civil matters are appealed.
The above are a few of my concerns for the people of this State concerning this massive legislation.
Rep. IRENE K. RUDNICK
I voted against House Bill 3546 because under this Bill I feel the average citizen would have less voice in state government. It will be a state government that will cost the taxpayer additional millions of dollars resulting in an increase in costs each year, taking much needed funds away from education, health care and other programs in South Carolina.
This Bill is the most ill-planned bill that I've seen during my 31 years in the legislature. Legislation of this magnitude (2600 page bill) should have had more detailed planning and study. It should not have been drawn up in the short period of four weeks as was the case with the Judiciary Committee Bill.
Under this Bill, agencies are grouped together more because of political reasons than for efficiency and accountability. Lobbyists and strong agency heads have had more effect on restructuring than citizen concern.
I want the people to have more voice in state government. However, under this Bill that removes state boards made up of citizens from every area of the State, we will lose the vast knowledge and expertise that they give to our State.
I, too, want changes in our state government that will be more constructive and better for the people of South Carolina. I do not want change just for the sake of change.
Rep. MARION P. CARNELL
I was not present Thursday, March 11, when second reading was given to H. 3546 due to scheduled surgery in Anderson on that day. Had I been present, I would have voted in favor of the passage of the Bill.
Rep. JOHN W. TUCKER, JR.
I was absent when the vote was taken on the passage of H.3546 on Thursday, March 11. Had I been present, I would have voted in favor of the Bill.
Rep. JOHN J. SNOW, JR.
Rep. WILKINS moved that the House do now adjourn, which was adopted.
At 2:35 P.M. the House in accordance with the motion of Rep. SCOTT adjourned in memory of Mrs. Alma White King of Yonkers, New York, originally from Calhoun County, to meet at 2:00 P.M., Monday, March 15, in Statewide Session.
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