| Printed Page 2700, Apr. 26 | Printed Page 2720, Apr. 26 |

Rep. NEAL withdrew his objection to the following Bill.

H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.

Rep. SEITHEL withdrew her objection to S. 463 however, other objections remained upon the Bill.

Rep. ANDERSON withdrew his objection to the following Bill whereupon objections were raised by Reps. ELLIOTT, R. SMITH, HUFF, MEACHAM, HARWELL, ASKINS and WILDER.

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.

Rep. KEYSERLING withdrew his objection to the following Bill.

H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.

Rep. GOVAN asked unanimous consent to recall H. 4079 from the Committee on Labor, Commerce and Industry.

Rep. L. WHIPPER moved to reconsider the vote whereby H. 4139 was given a second reading and the motion was noted.

The following Concurrent Resolution was taken up.

H. 3715 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO ADOPT THE JOINT RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES FOR THE 1995 AND 1996 SESSIONS OF THE GENERAL ASSEMBLY.

Amend Title To Conform

Be it resolved by the House of Representatives, the Senate concurring:

That the following rules are adopted as the Joint Rules of the Senate and the House of Representatives for the 1995 and 1996 Sessions of the General Assembly:

Every Bill shall receive three readings on three several days in the House in which it originates before it is sent to the other House.

All messages between the two Houses must be in writing and numbered in regular sequence for each session, except that messages announcing the organization of either House, or its readiness to adjourn pursuant to Joint Resolution, may be as directed by the presiding officer.

When the two Houses meet for any purpose, the President of the Senate shall preside and discharge the duties of the Joint Assembly. If he is unable to do so, the President Pro Tempore of the Senate shall preside in his place and stead. If neither is able to preside, the Speaker of the House shall preside in their absence.

Questions of difference between the two Houses shall be referred to Committees of Conference as follows:

If the disagreement concerns a Resolution, Bill, or Report adopted by one House and sent to the other House for consideration, and it be

Provided, further, it is always in order before the adoption of the report of the Committee of Free Conference to move to recommit it to the same Committee of Free Conference notwithstanding that either House had adopted the report. If that motion prevails (by a majority vote of either House) a message must be sent to the other House informing them of that action. Upon receipt of the message, notwithstanding the previous adoption of report of the Committee of Free Conference, a motion is in order to recommit the report to the same Committee of Free Conference.

When a Bill or Resolution or any other matter which has passed in one House is rejected in the other, notice must be given to that House in which the same has passed.

Each House shall transmit to the other all papers upon which any Bill or Resolution or Report sent to it for consideration has passed.

All Bills that have been read three times in each House and have been duly engrossed and become Acts must be returned into the possession of the Clerk of that House in which the Bills originated. A day for the ratification of them in the Senate Chamber must be fixed by a message between the two Houses. At the time appointed, the Speaker of the House, attended by the Clerk of the House and Sergeant-at-Arms, in the official costume, with the members of the House, shall repair to the Senate Chamber, the Clerk of the House taking with him the House Acts which are to be ratified. The Senate, with its officers, shall duly receive the House and its officers, the Clerk of the Senate having in his possession the Senate Acts which are to be ratified. At this time, the President of the Senate and Speaker of the House shall interchangeably sign and present to each other the Acts from their respective Houses by their respective titles; and when they are all signed and ratified, they must be left with the Clerk of the Senate, and the Speaker with the House and its officers, shall retire to the Hall of the House. The Clerk of the Senate shall immediately deliver the Acts to the Governor for his action, making a note on each Act of the day and hour of its delivery.

All Joint Assemblies for whatever purpose shall convene at the hour set in the Concurrent Resolution adopted by both the Senate and the House calling for the convening of the Joint Assembly. Only matters set forth in the Concurrent Resolution setting the Joint Assembly may be considered in the Joint Assembly and no Concurrent Resolution may set a Joint Assembly less than three calendar days in advance of the Joint Assembly.

(A) In a Joint Assembly, when a vote is being taken, no member may change his vote after it has been announced and recorded but a member

(B) In all elections held by the Joint Assembly nominations to fill the vacancies must be called for by the presiding officer, and all seconds of nominations must be forwarded to the desk after the presiding officer shall declare that `It appears to the Chair that no further nominations are to be made'.

(C) Seconds to nominations are then in order until the motion to `proceed to a ballot' is made and adopted. No nominations or seconding speeches are allowed unless by previously arranged Concurrent Resolutions providing for it.

(D) If there is only one nomination to fill any one vacancy, it is permissible to elect and declare the election by viva voce vote.

(E) In elections where there are more nominations than there are vacancies, and the Presiding officers of each House consider it necessary, there must be appointed on behalf of the Senate by the President of the Senate such Senators and the Assistant Clerk of the Senate and by the Speaker of the House of Representatives such Representatives and the Assistant Clerk of the House of Representatives who shall serve as tellers for the pending election. The Reading Clerks of the respective Houses shall call the respective rolls, but nothing in this rule shall prevent the House, with unanimous consent from the Joint Assembly, from voting by electronic means available in the Chamber at the time of the vote.

In all elections in the Joint Assembly the doors of the Hall of the House of Representatives must be closed and no person other than members, Clerks, and attaches of the two Houses must be allowed within the Hall of the House of Representatives; provided, however, that the gallery must be open to visitors. The Sergeant-at-Arms of the two Houses and the doorkeepers are charged with enforcement of this rule.

(A) There is created a joint committee to be designated as the Committee on Invitations to be composed of six members, three of whom must be appointed by the President of the Senate from the members of that body and three of whom must be appointed by the Speaker of the House of Representatives from the members of that body.

(B) Invitations may be issued only to the Invitations Committee. Any invitations extended to the General Assembly to attend any functions held on a statewide legislative day between the hours of eight o'clock a.m. and

(C)(1) The committee shall not recommend the extension of an invitation:

(a) to any person or group to address the Joint Assembly or to appear unless the person or group is of significant national or state prominence at the time the invitation is extended and will bring a message of major importance to the General Assembly; or

(b) to any individual or group for any artistic performance before the Joint Assembly during the established hours of meeting. (2)After recommending the extension of an invitation by a report to the Senate and the House, both bodies must adopt a Concurrent Resolution to officially extend an invitation to this person or group.

Any Bill or Joint Resolution may be engrossed, amended, enrolled, or ratified by the use of necessary printed or typewritten material, or a combination of them, which has been duly certified.

The General Appropriation Bill and Supplemental Appropriation Bills shall include only provisions for appropriating funds, provisions affecting revenue, and rules, regulations, and procedures relative to it; and no provision of an Appropriation Bill, and no amendment to it is in order unless its substantial effect is directly germane to these purposes. No provision may be put in a permanent part of this Bill unless it relates directly with an appropriation being made or revenue provided in it for the fiscal year referred to in the Bill. The provisions of this rule shall be strictly construed and no precedents established, prior to January 1, 1986, in construing this paragraph may be considered. The provisions of this rule must be narrowly and strictly construed with regard to all provisions

(A) Upon the receipt from a state agency of administrative regulations for legislative review pursuant to the Administrative Procedures Act, the Lieutenant Governor and the Speaker of the House shall have the regulations delivered to the Clerk of the State Register for initial processing. The Clerk shall place the regulations in a regulation cover and enter on the cover the name of the promulgating agency, the chapter number assigned to the agency for codification of its regulations, the statutory authority for promulgating the regulations, a brief title, the dates the regulations were received by the Speaker and the Lieutenant Governor and based on the date of receipt, the expiration of the one hundred twenty-day period which would allow the regulations to become effective without legislative action. Separate and distinctive covers must be used for the Senate and the House. Each set of regulations relating to the same subject shall have a separate cover and be assigned a document number which must be the same for identical regulations submitted to both Houses. After entry of the above preliminary information the Clerk of the State Register shall deliver the regulations to the Clerks of the respective Houses. When the Lieutenant Governor and the Speaker refer the regulations to a standing committee, the Clerks of the respective Houses shall enter upon the regulation cover the committee of reference, notify the Clerk of the State Register of the committee referrals, and deliver the regulations in the cover to the committee concerned. The Clerks of both Houses shall have printed in their journals appropriate information as to the receipt and reference of these regulations.

(B)(1) When any standing committee takes action on regulations referred to it, the committee shall notify the Clerk of the State Register of this action. The Clerk of the State Register is responsible for monitoring and coordinating legislative actions on regulations between both Houses, and based on these actions, the computation of revised legislative review expiration dates and publication as final in the South Carolina State Register.

(2) If the committee introduces a Joint Resolution approving or disapproving regulations, a copy of the regulation text must be attached to the Resolution.

(C) Upon the receipt from a state agency of a letter of agency action responding to a committee request to withdraw or resubmit a regulation,

(D) Upon sine die adjournment in each year the Clerk of the State Register shall notify standing committees of both Houses of pending regulations, and the sine die revised legislative review expiration dates.

(E) The Clerk of the State Register is responsible for preparation and printing of regulation covers in a format approved by the Lieutenant Governor and the Speaker of the House of Representatives.

The Clerks of the House and Senate shall prepare forms for Concurrent Resolutions expressing the sympathy or congratulations of the members of both Houses. Any member wishing to sponsor this Resolution shall forward in writing, on a form prepared by the Clerks, information sufficient to prepare the Resolution. The Clerk of the body where the Resolution is to be introduced shall prepare the Resolution. Both the Speaker of the House and the President of the Senate shall sign the Resolution on behalf of the membership. These Resolutions may not be read to the House or Senate or printed in their respective journals except upon the request of ten members of that House.

Every General Appropriation Bill and Supplemental Appropriation Bill for the ordinary expenses of state government must, prior to third reading in both Houses and prior to final concurrence by both Houses, and conference and free conference reports must have attached to it a certificate from the Budget Division of the Budget and Control Board and certification from the Board of Economic Advisors stating that in their opinion the totals of the appropriations in it provided for are not in excess of the estimated total revenue of the State for those purposes, including appropriations and revenue which may be provided for in the Bill or any other Bill previously enacted for the fiscal year to which the Appropriation Bill is applicable. Each General Appropriation Bill and each Supplemental

No provisions of these Joint Rules may be suspended, even by unanimous consent. Amendments to the Joint Rules may be made by Concurrent Resolution passed by both the Senate and House of Representatives by a two-thirds vote of the entire membership.

The Rules Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1942DW.95), which was adopted.

Amend the resolution, as and if amended, page 1, beginning on line 36, by striking /communicated orally by the Clerk in person/ and inserting /as directed by the presiding officer/. When amended Rule 2 shall read:

All messages between the two Houses must be in writing and numbered in regular sequence for each session, except that messages announcing the organization of either House, or its readiness to adjourn pursuant to Joint Resolution, may be as directed by the presiding officer./

Amend further, page 4, beginning on line 31, by striking /and no member shall second any of the nominations until/ and inserting /and all seconds of nominations must be forwarded to the desk after/. When amended Rule 9(B) shall read:

/(B) In all elections held by the Joint Assembly nominations to fill the vacancies must be called for by the presiding officer, and all seconds of nominations must be forwarded to the desk after the presiding officer shall declare that `It appears to the Chair that no further nominations are to be made'./

Amend further, page 5, line 39, by inserting after /invitation./ /The General Assembly may accept only one invitation each day after six o'clock p.m./. When amended Rule 11(B) shall read:

/(B) Invitations may be issued only to the Invitations Committee. Any invitations extended to the General Assembly to attend any functions held on a statewide legislative day between the hours of eight o'clock a.m. and seven o'clock p.m. must be referred to this committee at least ten days in advance in order that it may determine what legislation or other pertinent matters may be pending before the General Assembly and its committees before action is taken on this invitation. The General Assembly may accept only one invitation each day after six o'clock p.m. The General Assembly shall accept no invitations to any functions other than a

| Printed Page 2700, Apr. 26 | Printed Page 2720, Apr. 26 |