South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

WEDNESDAY, MARCH 10, 1993

Wednesday, March 10, 1993
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

We thank You, good Lord, for this another day and for the hope that it offers. Teach us that failure does not necessarily mean that we will never attain our goal; rather it means that we must try another way; that it is the wise person who recognizes his mistakes and then takes steps to amend them. Make us to know further that everybody makes mistakes, but only the foolish practice them, and that blaming our shortcomings on others does not change the nature of our shortcomings.

Thank You, Heavenly Father, for this privilege of prayer, and answer us in keeping with Your knowledge of our needs. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. ROGERS moved that when the House adjourns, it adjourn in memory of John R.T. Major, retired Richland County Clerk of Court, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 3668 -- Reps. Anderson, J. Brown, Cobb-Hunter, White, Beatty, Breeland, Byrd, Canty, Govan, Hines, Inabinett, Kennedy, McMahand, Moody-Lawrence, Neal, Scott, Whipper and Williams: A CONCURRENT RESOLUTION COMMENDING BISHOP OREE BROOMFIELD, SR., FOR HIS OUTSTANDING LEADERSHIP IN WORKING TO IMPROVE THE QUALITY OF LIFE FOR ALL AMERICANS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3669 -- Reps. Kirsh, Wofford and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1642 SO AS TO PROHIBIT PLACEMENT OF CHILDREN IN FOSTER CARE WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, OR WHO HAS BEEN CONVICTED OF OFFENSES AGAINST A PERSON OR AGAINST MORALITY OR DECENCY; BY ADDING SECTION 20-7-1643 SO AS TO REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH STANDARDS FOR FOSTER PARENT TRAINING; BY ADDING SECTION 43-1-115 SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT BIENNIAL PERFORMANCE AUDITS OF COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS; BY AMENDING SECTION 20-7-2240, RELATING TO AGENCIES AND INSTITUTIONS EXEMPT FROM REGULATION AS A CHILD WELFARE AGENCY, SO AS TO PROVIDE THAT FOSTER CARE FACILITIES, NOT RECEIVING STATE OR FEDERAL FUNDS, OPERATED BY CERTAIN RELIGIOUS ORGANIZATIONS MUST PASS ANNUAL FIRE, HEALTH, AND SANITATION INSPECTIONS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3670 -- Reps. Wright and Sharpe: A BILL TO AMEND CHAPTER 18 OF TITLE 48, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EROSION AND SEDIMENT REDUCTION ACT, SO AS TO FURTHER PROVIDE FOR DEFINITIONS, FOR CERTAIN EXCEPTIONS, FOR THE AUTHORITY OF THE LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE CERTAIN REGULATIONS AND THE APPLICABILITY OF THOSE REGULATIONS, FOR THE MEMBERSHIP OF THE ADVISORY COUNCIL ON EROSION AND SEDIMENT REDUCTION, AND FOR CERTAIN REPORTING REQUIRED UNDER THE ACT.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3671 -- Rep. Spearman: A BILL TO ABOLISH THE SALUDA COUNTY MEDICAL BUILDING BOARD AND DEVOLVE ALL POWERS AND DUTIES OF THE BOARD UPON THE SALUDA COUNTY COUNCIL AND TO REPEAL ACT 810 OF 1946 AND ACT 1116 OF 1960 RELATING TO THE CREATION, COMPOSITION, POWERS, AND DUTIES OF THE BOARD.

On motion of Rep. SPEARMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3672 -- Reps. Shissias, R. Smith, Stone, Corning, Harrison, Simrill, Riser, Wright, Koon, Hallman, Walker, Byrd, Meacham, Wells, Phillips, Littlejohn, Davenport and Cato: A BILL TO AMEND SECTION 20-7-1145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPRESENTATION OF AN OBLIGEE UNDER AN OUT-OF-STATE CHILD SUPPORT ORDER, SO AS TO PROVIDE THAT THE PROSECUTING ATTORNEY SHALL REPRESENT THE STATE RATHER THAN THE OBLIGEE IN THESE MATTERS.

Referred to Committee on Judiciary.

H. 3673 -- Reps. Shissias, Hallman, Gonzales, Stone, Corning, Harrison, Simrill, Riser, Koon, Wells, Walker, Byrd, Meacham, Phillips, Littlejohn, Allison and Cato: A BILL TO AMEND SECTION 20-7-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNSEL FOR AN OBLIGEE IN A CIVIL ENFORCEMENT ACTION OF A SOUTH CAROLINA CHILD SUPPORT ORDER, SO AS TO PROVIDE THAT THE PROSECUTING ATTORNEY SHALL REPRESENT THE STATE RATHER THAN THE OBLIGEE IN THESE MATTERS.

Referred to Committee on Judiciary.

H. 3674 -- Reps. Shissias, R. Smith, Hallman, Gonzales, R. Young, Simrill, Corning, Harrison, Thomas, Gamble, Riser, Wright, Koon, Neilson, Wells, Cobb-Hunter, Harrell, Stuart, Neal, Hines, J. Wilder, Waldrop, Harrelson, Walker, Allison, McElveen, Meacham, Stone, Littlejohn, Davenport, Cato and Moody-Lawrence: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.

Referred to Committee on Judiciary.

H. 3675 -- Reps. Shissias, R. Smith, R. Young, Neilson, Gonzales, Littlejohn, Simrill, Harwell, Corning, Harrison, Mattos, Gamble, Elliott, Riser, Hallman, Cobb-Hunter, Wright, Koon, Wells, J. Wilder, Houck, Harrell, Harrelson, Hines, Neal, Meacham, Byrd, Walker, Allison, Waldrop, Stone, J. Brown, Stuart, Rudnick, McElveen, Davenport and Moody-Lawrence: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

H. 3676 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MUST NOT BE LICENSED, SO AS TO PROHIBIT RENEWAL OF DRIVER'S LICENSES, TO ADD TO THE LIST OF PROHIBITIONS PERSONS WHOSE LICENSES ARE SUSPENDED OR REVOKED AND PERSONS WHO ARE NOT RESIDENTS OF THE UNITED STATES.

On motion of Rep. PHILLIPS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3677 -- Reps. Jaskwhich, Hodges, Meacham and Barber: A BILL TO AMEND TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 20 SO AS TO ENACT THE RAILROAD PRESERVATION AND REVITALIZATION ACT.

Referred to Committee on Education and Public Works.

H. 3678 -- Reps. Houck, Cobb-Hunter, Haskins, Mattos, Scott, G. Brown, Neal, Chamblee, Elliott, Stuart, McLeod, M.O. Alexander, D. Wilder and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-175 SO AS TO REQUIRE HOSPITALS TO PROVIDE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES CERTAIN FINANCIAL INFORMATION AND TO AUTHORIZE PENALTIES PURSUANT TO REGULATION.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3679 -- Reps. Haskins, Hallman, Quinn, J. Bailey, Harrison, Corning, Allison, A. Young, R. Smith, Robinson, Littlejohn, D. Smith and Harrelson: A BILL TO AMEND SECTION 34-24-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSACTIONS WHICH MAY NOT BE APPROVED BY THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO INCLUDE TRANSACTIONS WHICH WOULD RESULT IN FUTURE ECONOMIC LOSS TO THE GENERAL ECONOMY AND CAPITAL RESOURCES OF SOUTH CAROLINA AND TO PROVIDE CRITERIA WHICH MUST BE CONSIDERED IN EVALUATING THESE TRANSACTIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 3680 -- Reps. Neilson, Walker, Littlejohn, Hallman, Fulmer, Harwell, Fair, Klauber, Harrison, Allison, Wells, Harrelson, Sturkie and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1735 SO AS TO PROVIDE THAT A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO IS A PUBLIC SCHOOL TEACHER IN THIS STATE MAY ESTABLISH SERVICE CREDIT FOR TEACHING IN A PRIVATE SCHOOL IN THIS STATE IN THE SAME MANNER THAT CREDIT MAY BE ESTABLISHED FOR "OUT-OF-STATE SERVICE" EXCEPT THAT THE PAYMENT DUE FOR THIS SERVICE MUST EQUAL THE ACTUARIAL COST AND TO DEFINE PRIVATE SCHOOL.

Referred to Committee on Ways and Means.

S. 291 -- Senator McConnell: A BILL TO AMEND SECTION 8-13-1300, RELATING TO THE DEFINITIONS REGARDING CAMPAIGN PRACTICES, SO AS TO DELETE REFERENCES TO "BALLOT MEASURE", ADD REFERENCES TO "BALLOT MEASURE", AND DEFINE "GOVERNMENTAL ENTITY"; AND TO AMEND SECTION 8-13-1346, RELATING TO THE USE OF PUBLIC FUNDS, PROPERTY, OR TIME TO INFLUENCE THE OUTCOME OF AN ELECTION, SO AS TO SET FORTH THE CIRCUMSTANCES IN WHICH A PUBLIC ENTITY IS AUTHORIZED TO USE PUBLIC FUNDS, PROPERTY, OR TIME ON A BALLOT MEASURE.

Referred to Committee on Judiciary.

S. 455 -- Senator Holland: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.

Referred to Committee on Judiciary.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, J.
Barber                 Beatty                 Breeland
Brown, H.              Brown, J.              Byrd
Carnell                Cato                   Clyborne
Cobb-Hunter            Cooper                 Delleney
Fair                   Farr                   Fulmer
Gamble                 Gonzales               Govan
Graham                 Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Harwell                Haskins                Hines
Hodges                 Holt                   Houck
Hutson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Lanford                Law                    Littlejohn
Marchbanks             Martin                 Mattos
McAbee                 McCraw                 McElveen
McKay                  McLeod                 McMahand
McTeer                 Meacham                Neal
Neilson                Phillips               Rhoad
Richardson             Riser                  Robinson
Rogers                 Rudnick                Scott
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stone
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Waites
Walker                 Wells                  Whipper
White                  Wilder, D.             Wilkins
Witherspoon            Wofford                Wright
Young, A.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 10.

Ronald P. Townsend                Dewitt Williams
Bessie Moody-Lawrence             William D. Keyserling
Larry L. Elliott                  William D. Boan
Dave C. Waldrop, Jr.              Thomas E. Huff
C.D. Chamblee                     James L. M. Cromer, Jr.
John J. Snow, Jr.                 June S. Shissias
Ralph W. Canty                    John G. Felder
C. Lenoir Sturkie                 Grady A. Brown
Larry L. Koon                     Timothy C. Wilkes
James H. Harrison                 Roger M. Young
Roland S. Corning                 Dell Baker
Michael F. Jaskwhich              Harold G. Worley
Joseph B. Wilder                  C. Alex Harvin, III
George H. Bailey                  Richard M. Quinn, Jr.
G. Ralph Davenport, Jr.
Total Present--123

LEAVE OF ABSENCE

The SPEAKER granted Rep. G. BAILEY a temporary leave of absence.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BAXLEY a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Leo L. Walker of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

The Sumter Delegation presented to the House the Local, State and Federal law enforcement agents involved in "Operation Crackdown" in Sumter, S.C.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3057 -- Rep. Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1075, SO AS TO DEFINE THE CRIME OF CARJACKING, MAKE IT A FELONY, AND PROVIDE PENALTIES FOR VIOLATION INCLUDING A PROVISION THAT IF DEATH RESULTS IT IS CONSIDERED AN AGGRAVATING CIRCUMSTANCE FOR PURPOSES OF THE DEATH PENALTY.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 60 -- Senators Washington, Stilwell and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE THE EDUCATIONAL AND PROFESSIONAL EXPERIENCE, TO PROVIDE FOR FINGERPRINTING AND A FINGERPRINT SEARCH, AND TO REQUIRE AN AFFIDAVIT FILED WITH THE CLERK OF COURT.

H. 3610--DEBATE ADJOURNED

The following Bill was taken up.

H. 3610 -- Ways and Means Committee: GENERAL APPROPRIATION BILL. (Abbreviated Title)

Rep. BOAN moved to adjourn debate upon the Bill until Thursday, March 11, which was adopted.

H. 3105--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3105 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2535 SO AS TO MAKE IT A MISDEMEANOR OFFENSE, EXCEPT UNDER CERTAIN CIRCUMSTANCES, TO STOP, STAND, OR PARK A VEHICLE IN FRONT OF, ADJACENT TO, OR INSIDE A DESIGNATED FIRE LANE, AND TO PROVIDE FOR PUNISHMENT FOR THIS VIOLATION IN THE SAME MANNER AS PROVIDED IN SECTION 56-3-1970 FOR UNLAWFULLY PARKING A VEHICLE IN A PARKING PLACE CLEARLY DESIGNATED FOR HANDICAPPED PERSONS.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 4, by the Committee on Judiciary.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 445--AMENDED, ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 445 -- Senators Waldrep and O'Dell: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO UTILIZE ALTERNATIVE B OR D FOR IMPLEMENTING THE ANDERSON PARKWAY AND ANDERSON-ABBEVILLE CONNECTOR ROUTES WHICH WILL USE EXISTING STATE HIGHWAY 29 TO CONNECT WITH UNITED STATES INTERSTATE 85.

Amend Title To Conform

Whereas, the Anderson Parkway and the Anderson-Abbeville Connector are integral components of the State Highway Improvement Plan; and

Whereas, the projects will serve transportation needs and improve travel opportunities throughout the State; and

Whereas, a primary objective is to determine the best corridor for the Parkway and connector facilities to deliver maximum traffic service and create minimum development impact; and

Whereas, numerous economic benefits will be derived from the project including equal opportunity to access regional hospital and emergency care facilities, educational institutions, shopping, civic arenas, and social and cultural opportunities; and

Whereas, two types of roadway improvements have been considered in the study: one to build a new controlled access facility and one to upgrade an existing highway; and

Whereas, during these economically depressed times the most cost-efficient method is to use the existing highway; and

Whereas, the department has a proposal, Alternative B or D, which will accomplish the objectives of utilizing the existing highway and being fiscally responsible by employing resources efficiently in improving the highway instead of expending greater sums to build a new highway thereby abandoning a viable highway; and

Whereas, the proposal presented at public forum workshops held on October 28 and 29, 1991, and November 4, 1991, provides for the use of an upgraded State Highway 29 to connect with Interstate 85. Now, therefore,

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

That the Department of Highways and Public Transportation is directed to use Alternative B or D utilizing existing State Highway 29 to connect with United States Interstate 85 instead of the proposal to build a new highway or to use State Highway 81 for the Anderson Parkway and the Anderson-Abbeville Connector.

Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the South Carolina Department of Highways and Public Transportation.

Rep. TUCKER proposed the following Amendment No. 1, which was adopted.

Amend the resolution to substitute the word parkway for bypass.

Amend title to conform.

Rep. TUCKER explained the amendment.

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. PHILLIPS.

SILENT PRAYER

On motion of Rep. SIMRILL, the House stood in memory and honor of the Winthrop University Tennis Team. Upon returning from an out of town tournament, an accident occurred resulting in the death of one of the players and two others received critical injuries.

H. 3546--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of amendments.

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO RESTRUCTURE THE EXECUTIVE BRANCH BY REORGANIZING DEPARTMENTS. (Abbreviated Title)

Rep. KIRSH proposed the following Amendment No. 74 (Doc Name L:\council\legis\amend\CYY\15276SD.93), which was tabled.

Amend the bill, as and if amended, by providing that the School for the Deaf and Blind which is an independent agency shall be a division of the Department of Education, as contained in Section 8, with its governing board being abolished.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. D. SMITH moved to table the amendment.

Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:

Yeas 79; Nays 15

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Beatty                 Breeland
Brown, J.              Carnell                Cato
Chamblee               Cooper                 Cromer
Davenport              Delleney               Fair
Farr                   Felder                 Fulmer
Govan                  Graham                 Hallman
Harrell                Harrelson              Harris, J.
Harris, P.             Harvin                 Harwell
Haskins                Hines                  Hodges
Holt                   Houck                  Huff
Hutson                 Inabinett              Jennings
Keegan                 Kennedy                Klauber
Lanford                Law                    Littlejohn
Marchbanks             Martin                 Mattos
McAbee                 McCraw                 McElveen
McLeod                 McMahand               Meacham
Neal                   Phillips               Riser
Robinson               Rudnick                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Stone                  Thomas                 Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                Wilder, D.             Wilkes
Williams               Witherspoon            Wofford
Wright

Total--79

Those who voted in the negative are:

Boan                   Byrd                   Clyborne
Cobb-Hunter            Gamble                 Keyserling
Kinon                  Kirsh                  McTeer
Richardson             Scott                  Spearman
Stuart                 White                  Young, A.

Total--15

So, the amendment was tabled.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: 3546     General Subject Matter: Deaf & Blind

Amendment #: 74.     Subject Matter: Deaf & Blind School.

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). My son, Linberg Moody, Jr., is visually handicapped.

Rep. BESSIE MOODY-LAWRENCE

RECORD FOR VOTING

I inadvertently voted nay on the tabling motion but fully intended to vote yea.

Rep. JOHN L. SCOTT, JR.

POINT OF PERSONAL PRIVILEGE

Rep. P. HARRIS arose to a Point of Personal Privilege.

MOTION ADOPTED

On motion of Rep. CARNELL, Rep. P. HARRIS' remarks were ordered printed in the Journal as follows:

"Mr. Speaker, Ladies and Gentlemen of the House, I rise to a point of personal privilege in response to a recent editorial comment in the Anderson Independent-Mail. The Independent's editorial staff seems to believe I have 'wangled' state funds to build a handicapped accessible pier on Lake Hartwell rather than use these funds for education or other causes. I would like to take this opportunity to address this allegation. Indeed I have proposed building a handicapped accessible pier on Lake Hartwell with proceeds from taxes on fuel for marine use. According to South Carolina Code of Laws Section 12-27-390, the percentage of these funds transmitted to the Department of Wildlife and Marine Resources may only be used for water recreational resources. Therefore, I find it impossible to call my proposal the 'pork barrel pier' as the Anderson Independent has called it. I truly believe I have been wrongfully maligned by the Anderson Independent-Mail on this issue. In my twenty-three years of service in the House, it has been my top priority to look out for those who are often forgotten by most of society. Ladies and gentleman, my sole reason for making a proposal for a handicapped accessible pier on Lake Hartwell is to make the lake more accessible and more enjoyable for a segment of the population that has long been neglected. When most of us want to do simple things like go grocery shopping, go to the doctor, go to church, go out for a movie, or spend a day at the lake, we do not have to worry about getting into the buildings. We do not have to worry if a wheelchair or a walker will fit through a door. We do not have to worry that we cannot climb the stairs. We do not have to worry who will open a door for us. If you are physically handicapped, these concerns are part of everyday life. Members of the House, most of us take for granted our good health and apparently so do the writers for the Anderson Independent. I am here to tell you though that there are people who do not enjoy the privilege of recreation on Lake Hartwell as many of us do because they cannot physically access the pier. It is in their interest only that I have made this proposal. I hope you will support me in my effort to make the lake accessible for everyone. Thank you for affording me this opportunity. I truly believe a biased, prejudiced, and scurrilous press is a dangerous thing to those in public life as well as a blight on the community it serves. Thank you again for your time."

Rep. KIRSH proposed the following Amendment No. 79 (Doc Name L:\council\legis\amend\CYY\15270SD.93), which was adopted.

Amend the bill, as and if amended, by providing that the Governor's School of Science and Math which is an independent agency shall be a division of the Governor's Office under Section 22, with its board of trustees being abolished.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. FARR, CLYBORNE and BOAN proposed the following Amendment No. 87 (Doc Name L:\council\legis\amend\WWW\30024DW.93), which was adopted.

Amend the bill, as and if amended,

By adding an appropriately numbered section to read:

/SECTION ___.     Section 12-27-380 of the 1976 Code of Laws, as last amended by section 22E, Part II, Act 171 of 1991, is further amended to read:

"Section 12-27-380. The license tax of ten and thirty-four hundredths cents a gallon on gasoline as levied and provided for in this article must be distributed as follows: nine and thirty-four hundredths cents on each gallon must be turned over to the Department of Highways and Public Transportation for the purpose of funding the Highway Division the department; and, one cent a gallon must be deposited to the credit of the general fund of the State to be included in the amount appropriated annually to the counties in Aid To Subdivisions. Each county must expend a proportionate amount it receives on the construction and maintenance of county roads and bridges in that county."

Renumber sections to conform.

Amend title to conform.

Rep. FARR explained the amendment.

The amendment was then adopted.

Rep. McABEE proposed the following Amendment No. 88 (Doc Name L:\council\legis\amend\436\11088AC.93), which was ruled out of order.

Amend the bill, as and if amended, by transferring the Division of Youth Services from the Department of Rehabilitation and Corrections, as contained in SECTION 19, to the Division of Children's Services in the Department of Family Services, as contained in SECTION 10.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

POINT OF ORDER

Rep. JENNINGS raised the Point of Order that Amendment No. 88 was out of order as it was the same as Amendment No. 41 which had already been debated and disposed of by the House.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. McABEE proposed the following Amendment No. 90 (Doc Name L:\council\legis\amend\436\11087AC.93), which was tabled.

Amend the bill, as and if amended, by transferring Community based noninstitutional programs in the Division of Youth Services from the Department of Rehabilitation and Corrections, as contained in SECTION 19, to the Division of Children's Services in the Department of Family Services, as contained in SECTION 10.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McABEE explained the amendment.

Rep. JENNINGS moved to table the amendment, which was agreed to by a division vote of 64 to 22.

AMENDMENT NO. 68--RECONSIDERED AND TABLED

Rep. HARWELL moved to reconsider the vote whereby Amendment No. 68 was tabled.

Rep. HODGES moved to table the motion to reconsider.

Rep. ROBINSON demanded the yeas and nays, which were taken resulting as follows:

Yeas 49; Nays 52

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Brown, G.
Clyborne               Cooper                 Delleney
Elliott                Gamble                 Gonzales
Graham                 Hallman                Harris, J.
Harrison               Hodges                 Huff
Hutson                 Jennings               Keegan
Kirsh                  Littlejohn             Marchbanks
Martin                 Mattos                 McTeer
Rhoad                  Richardson             Robinson
Rudnick                Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Stone
Stuart                 Thomas                 Trotter
Tucker                 Waites                 Walker
Wells                  Wilder, D.             Wilkins
Witherspoon            Wright                 Young, A.
Young, R.

Total--49

Those who voted in the negative are:

Anderson               Askins                 Barber
Boan                   Breeland               Brown, H.
Brown, J.              Byrd                   Carnell
Cato                   Chamblee               Davenport
Farr                   Felder                 Harrelson
Harris, P.             Harvin                 Harwell
Haskins                Hines                  Holt
Houck                  Inabinett              Kennedy
Keyserling             Kinon                  Klauber
Koon                   Lanford                Law
McAbee                 McCraw                 McLeod
McMahand               Neal                   Neilson
Phillips               Riser                  Rogers
Scott                  Spearman               Stille
Stoddard               Sturkie                Townsend
Vaughn                 Waldrop                Whipper
White                  Wilkes                 Williams
Wofford

Total--52

So, the House refused to table the motion to reconsider.

POINT OF ORDER

Rep. RUDNICK raised the Point of Order that the motion to reconsider was out of order as it was not made in the same day as the motion to table was made.

The SPEAKER stated that you had 24 hours or the next day of the sitting of the House to make the motion to reconsider and he overruled the Point of Order.

The question then recurred to the motion to reconsider.

Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:

Yeas 59; Nays 54

Those who voted in the affirmative are:

Anderson               Bailey, J.             Barber
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Canty                  Carnell                Cato
Chamblee               Cobb-Hunter            Cooper
Davenport              Fair                   Farr
Felder                 Govan                  Harrelson
Harris, P.             Harvin                 Harwell
Hines                  Holt                   Houck
Inabinett              Kennedy                Keyserling
Kinon                  Klauber                Koon
Law                    McAbee                 McCraw
McElveen               McLeod                 McMahand
Neal                   Phillips               Rhoad
Richardson             Rogers                 Scott
Snow                   Spearman               Stille
Stoddard               Sturkie                Townsend
Vaughn                 Waldrop                Whipper
White                  Wilder, D.             Wilkes
Williams               Wofford

Total--59

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Clyborne               Corning
Cromer                 Delleney               Elliott
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harris, J.
Harrison               Haskins                Hodges
Huff                   Hutson                 Jennings
Keegan                 Kirsh                  Lanford
Littlejohn             Marchbanks             Martin
Mattos                 McKay                  McTeer
Moody-Lawrence         Neilson                Riser
Robinson               Rudnick                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Stone
Stuart                 Thomas                 Trotter
Tucker                 Waites                 Walker
Wells                  Wilkins                Witherspoon
Wright                 Young, A.              Young, R.

Total--54

So, the motion to reconsider was agreed to.

Rep. CARNELL explained the amendment.

Rep. HODGES moved to table the amendment.

Rep. FARR demanded the yeas and nays, which were taken resulting as follows:

Yeas 61; Nays 52

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, J.             Barber                 Clyborne
Cooper                 Corning                Delleney
Elliott                Fair                   Fulmer
Gamble                 Gonzales               Govan
Graham                 Hallman                Harrell
Harris, J.             Harrison               Haskins
Hodges                 Huff                   Hutson
Jennings               Keegan                 Kelley
Keyserling             Kirsh                  Klauber
Lanford                Littlejohn             Marchbanks
Martin                 Mattos                 McTeer
Richardson             Riser                  Robinson
Rogers                 Rudnick                Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Stone                  Stuart
Thomas                 Trotter                Tucker
Waites                 Waldrop                Walker
Wells                  Wilkins                Witherspoon
Wofford                Wright                 Young, A.
Young, R.

Total--61

Those who voted in the negative are:

Anderson               Askins                 Beatty
Boan                   Breeland               Brown, J.
Byrd                   Canty                  Carnell
Cato                   Chamblee               Cobb-Hunter
Cromer                 Davenport              Farr
Felder                 Harrelson              Harris, P.
Harvin                 Harwell                Hines
Holt                   Houck                  Inabinett
Kennedy                Kinon                  Koon
Law                    McAbee                 McCraw
McElveen               McKay                  McLeod
McMahand               Moody-Lawrence         Neal
Neilson                Phillips               Scott
Sharpe                 Snow                   Spearman
Stille                 Stoddard               Sturkie
Townsend               Vaughn                 Whipper
White                  Wilder, D.             Wilkes
Williams

Total--52

So, the amendment was tabled.

AMENDMENT NO. 92--DEBATE ADJOURNED

Rep. FARR proposed the following Amendment No. 92 (Doc Name L:\council\legis\amend\DKA\4409AL.93).

Amend the bill, as and if amended, SECTION 6(B). Department of Commerce, Coordinating Division for Economic Development, Section 12-27-1300, by striking item (5) and inserting:

/(5)     one member appointed at large from a rural county by the Governor with the advice and consent of the Senate at large from a rural county;/

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. FARR explained the amendment and moved to adjourn debate upon the amendment, which was adopted.

Rep. BARBER proposed the following Amendment No. 93 (Doc Name L:\council\legis\amend\436\11094AC.93), which was tabled.

Amend the bill, as and if amended, by transferring the Program for Individuals with Autism from the Special Needs Division of the Department of Disabilities and Special Needs, as contained in SECTION 7, to a separate Autism Division in the Department of Disabilities and Special Needs.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. BARBER explained the amendment.

Rep. JENNINGS spoke against the amendment.

Rep. BARBER spoke in favor of the amendment.

Rep. HODGES moved to table the amendment, which was agreed to.

Reps. BEATTY, WILKINS and CLYBORNE proposed the following Amendment No. 96 (Doc Name L:\council\legis\amend\DKA\4410AL.93), which was tabled.

Amend the bill, as and if amended, Section 1-30-10, SECTION 1, by adding an appropriately lettered subsection to read:

/( )     No department, division, agency, board, commission, authority, or entity created by state government may hire or employ a lobbyist, as defined in Section 2-17-10, or a person who performs the function of a lobbyist, if the lobbyist is not a full-time employee of the State./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. BEATTY explained the amendment.

POINT OF ORDER

Rep. WOFFORD raised the Point of Order that Amendment No. 96 was out of order as it was not germane as it dealt with lobbyists and the Bill dealt with restructuring.

The SPEAKER stated that the Bill dealt with the restructuring of Departments and State Agencies and the hiring and firing of employees such as directors of these agencies and he overruled the Point of Order.

Rep. BEATTY continued speaking.

Rep. McABEE spoke against the amendment.

Rep. WILKINS spoke in favor of the amendment.

Rep. HARWELL spoke against the amendment.

Rep. McELVEEN spoke in favor of the amendment.

Rep. J. BAILEY spoke against the amendment.

Rep. HASKINS was recognized.

RULE 6.1 WAIVED

Rep. HODGES moved to waive Rule 6.1, which was agreed to by a division vote of 65 to 47.

RULE 3.9 INVOKED

Rep. HODGES moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.

MOTION REJECTED

Rep. WILKES moved to rescind Rule 3.9.

Rep. WILKES demanded the yeas and nays, which were taken resulting as follows:

Yeas 50; Nays 61

Those who voted in the affirmative are:

Alexander, M.O.        Anderson               Bailey, J.
Baker                  Barber                 Beatty
Breeland               Brown, G.              Byrd
Canty                  Cobb-Hunter            Corning
Farr                   Govan                  Harrelson
Harvin                 Hines                  Holt
Inabinett              Jaskwhich              Kennedy
Keyserling             Koon                   Lanford
Littlejohn             Mattos                 McElveen
McKay                  McLeod                 McMahand
Moody-Lawrence         Neal                   Rhoad
Riser                  Scott                  Shissias
Snow                   Spearman               Stille
Stoddard               Sturkie                Townsend
Trotter                Walker                 Whipper
White                  Wilkes                 Williams
Wright                 Young, R.

Total--50

Those who voted in the negative are:

Alexander, T.C.        Allison                Askins
Boan                   Brown, H.              Carnell
Chamblee               Clyborne               Cooper
Cromer                 Davenport              Delleney
Elliott                Fair                   Gamble
Gonzales               Graham                 Hallman
Harris, J.             Harrison               Harwell
Haskins                Hodges                 Houck
Huff                   Hutson                 Jennings
Kelley                 Kinon                  Kirsh
Klauber                Law                    Marchbanks
Martin                 McAbee                 McCraw
McTeer                 Meacham                Neilson
Quinn                  Richardson             Robinson
Rudnick                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, R.
Stone                  Stuart                 Thomas
Tucker                 Vaughn                 Waites
Wells                  Wilder, D.             Wilkins
Witherspoon            Wofford                Worley
Young, A.

Total--61

So, the motion was rejected.

Rep. BAKER moved that the House recede until 2:00 P.M.

Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:

Yeas 51; Nays 63

Those who voted in the affirmative are:

Alexander, M.O.        Anderson               Baker
Beatty                 Brown, G.              Brown, H.
Brown, J.              Byrd                   Canty
Carnell                Chamblee               Corning
Elliott                Gamble                 Govan
Harrelson              Harris, P.             Hines
Houck                  Hutson                 Inabinett
Jaskwhich              Kennedy                Keyserling
Koon                   Lanford                Law
Littlejohn             McElveen               McLeod
McMahand               Moody-Lawrence         Neal
Phillips               Rhoad                  Riser
Scott                  Shissias               Smith, D.
Snow                   Spearman               Stille
Stoddard               Sturkie                Townsend
Walker                 White                  Wilder, D.
Williams               Wright                 Young, R.

Total--51

Those who voted in the negative are:

Alexander, T.C.        Allison                Askins
Bailey, J.             Barber                 Boan
Breeland               Clyborne               Cromer
Delleney               Fair                   Farr
Fulmer                 Gonzales               Graham
Hallman                Harrell                Harris, J.
Harrison               Harvin                 Harwell
Haskins                Hodges                 Holt
Huff                   Jennings               Keegan
Kelley                 Kinon                  Kirsh
Klauber                Marchbanks             Martin
Mattos                 McAbee                 McCraw
McKay                  McTeer                 Meacham
Neilson                Quinn                  Richardson
Robinson               Sharpe                 Sheheen
Simrill                Smith, R.              Stone
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Waites
Wells                  Whipper                Wilder, J.
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Young, A.

Total--63

So, the House refused to recede until 2:00 P.M.

Rep. HASKINS spoke against the amendment.

Rep. WILKINS spoke in favor of the amendment.

Rep. McELVEEN spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:

Yeas 89; Nays 27

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Anderson
Askins                 Bailey, J.             Baker
Barber                 Boan                   Breeland
Brown, G.              Brown, J.              Byrd
Carnell                Cooper                 Davenport
Delleney               Elliott                Farr
Felder                 Fulmer                 Gamble
Gonzales               Graham                 Harrell
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Haskins
Hines                  Holt                   Houck
Hutson                 Inabinett              Jennings
Keegan                 Kelley                 Keyserling
Kinon                  Koon                   Lanford
Law                    Littlejohn             Martin
Mattos                 McAbee                 McCraw
McKay                  McLeod                 McMahand
McTeer                 Moody-Lawrence         Phillips
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Rogers
Rudnick                Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stoddard
Sturkie                Thomas                 Townsend
Tucker                 Walker                 Wells
Whipper                White                  Wilder, J.
Wilkes                 Williams               Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, R.

Total--89

Those who voted in the negative are:

Alexander, T.C.        Beatty                 Cato
Chamblee               Clyborne               Cobb-Hunter
Cromer                 Fair                   Govan
Hallman                Harrelson              Huff
Jaskwhich              Kennedy                Kirsh
Klauber                Marchbanks             McElveen
Meacham                Neilson                Stone
Stuart                 Trotter                Vaughn
Waites                 Wilder, D.             Wilkins

Total--27

So, the amendment was tabled.

Rep. WAITES proposed the following Amendment No. 97 (Doc Name L:\council\legis\amend\436\11096AC.93), which was adopted.

Amend the bill, as and if amended, SECTION 5, Department of Alcohol and Other Drug Abuse Services by deleting D. on page 152, lines 11-31, and replace with "Repeal Section 56-1-1400."

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. WAITES explained the amendment.

The amendment was then adopted.

Rep. INABINETT moved that the House recede until 2:30 P.M.

Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:

Yeas 28; Nays 83

Those who voted in the affirmative are:

Anderson               Breeland               Brown, G.
Brown, J.              Carnell                Corning
Fair                   Felder                 Harrelson
Holt                   Inabinett              Kennedy
Keyserling             Koon                   Lanford
McElveen               McLeod                 Neal
Riser                  Rudnick                Scott
Snow                   Spearman               Stille
Wilder, D.             Wilkes                 Williams
Wright

Total--28

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, J.             Baker
Barber                 Beatty                 Boan
Byrd                   Cato                   Chamblee
Clyborne               Cooper                 Cromer
Davenport              Delleney               Elliott
Farr                   Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Harvin
Haskins                Hines                  Hodges
Houck                  Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Kinon                  Kirsh
Klauber                Law                    Littlejohn
Marchbanks             Mattos                 McAbee
McCraw                 McKay                  McMahand
McTeer                 Moody-Lawrence         Neilson
Phillips               Quinn                  Rhoad
Richardson             Robinson               Rogers
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Stone                  Stuart                 Sturkie
Thomas                 Trotter                Tucker
Vaughn                 Waites                 Walker
Wells                  Wilder, J.             Wilkins
Witherspoon            Wofford                Worley
Young, A.              Young, R.

Total--83

So, the House refused to recede until 2:30 P.M.

AMENDMENT NO. 99--DEBATE ADJOURNED

Rep. WAITES proposed the following Amendment No. 99 (Doc Name L:\council\legis\amend\436\11097AC.93).

Amend the bill, as and if amended, SECTION 6, Department of Commerce, the Division of State Development, by deleting Section 13-7-20(1) on page 212, lines 10-17.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. WAITES explained the amendment.

Rep. J. WILDER spoke upon the amendment and moved to adjourn debate upon the amendment, which was adopted.

Rep. MATTOS proposed the following Amendment No. 100 (Doc Name L:\council\legis\amend\436\11070AC.93), which was rejected.

Amend the bill, as and if amended, by transferring services for emotionally disturbed children from the Division of Youth Services and the Division of Juvenile Programs in the Department of Rehabilitation and Corrections, as contained in SECTION 19, to a division providing children's services within the Department of Mental Health, as contained in SECTION 16.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. MATTOS explained the amendment.

Rep. HODGES moved to table the amendment.

Rep. MATTOS demanded the yeas and nays, which were taken resulting as follows:

Yeas 55; Nays 55

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Baker
Barber                 Carnell                Cato
Clyborne               Corning                Cromer
Delleney               Elliott                Felder
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harris, P.             Harrison
Harvin                 Haskins                Hodges
Huff                   Hutson                 Jaskwhich
Jennings               Kirsh                  Klauber
Law                    Marchbanks             Martin
McAbee                 Meacham                Moody-Lawrence
Quinn                  Robinson               Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Stuart                 Thomas
Trotter                Tucker                 Vaughn
Walker                 Wells                  Witherspoon
Wofford                Wright                 Young, A.
Young, R.

Total--55

Those who voted in the negative are:

Alexander, M.O.        Anderson               Askins
Bailey, J.             Boan                   Brown, G.
Brown, H.              Byrd                   Chamblee
Cobb-Hunter            Cooper                 Davenport
Fair                   Farr                   Harrelson
Harris, J.             Harwell                Hines
Holt                   Houck                  Inabinett
Keegan                 Kelley                 Keyserling
Kinon                  Littlejohn             Mattos
McCraw                 McElveen               McKay
McLeod                 McMahand               McTeer
Neal                   Neilson                Phillips
Rhoad                  Richardson             Rogers
Rudnick                Scott                  Smith, R.
Spearman               Stille                 Stoddard
Stone                  Sturkie                Townsend
Waites                 Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Williams

Total--55

So, the House refused to table the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. JENNINGS spoke against the amendment.

Reps. MATTOS and RICHARDSON spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:

Yeas 46; Nays 66

Those who voted in the affirmative are:

Alexander, M.O.        Anderson               Bailey, J.
Barber                 Beatty                 Boan
Breeland               Brown, G.              Byrd
Cobb-Hunter            Farr                   Harrelson
Harris, J.             Harvin                 Harwell
Hines                  Houck                  Inabinett
Kennedy                Keyserling             Kinon
Littlejohn             Mattos                 McCraw
McElveen               McLeod                 McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Rhoad                  Richardson             Rudnick
Scott                  Shissias               Spearman
Stone                  Waites                 Whipper
White                  Wilder, D.             Wilkes
Williams

Total--46

Those who voted in the negative are:

Alexander, T.C.        Allison                Askins
Baker                  Brown, H.              Carnell
Cato                   Clyborne               Cooper
Corning                Cromer                 Davenport
Delleney               Elliott                Fair
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harris, P.             Harrison
Haskins                Hodges                 Holt
Huff                   Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Kirsh                  Klauber                Koon
Lanford                Law                    Marchbanks
Martin                 McAbee                 Meacham
Riser                  Robinson               Rogers
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Snow
Stille                 Stuart                 Thomas
Trotter                Tucker                 Vaughn
Walker                 Wells                  Wilder, J.
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--66

So, the amendment was rejected.

Rep. MATTOS proposed the following Amendment No. 101 (Doc Name L:\council\legis\amend\436\11072AC.93), which was adopted.

Amend the bill, as and if amended, by transferring Residential Treatment Services for Emotionally Disturbed Children from the Department of Family Services, as contained in SECTION 10, to a division providing children's services within the Department of Mental Health, as contained in SECTION 16.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. MATTOS explained the amendment.

SPEAKER IN CHAIR

Rep. JENNINGS spoke in favor of the amendment.

Rep. GONZALES spoke against the amendment.

The amendment was then adopted.

Rep. HODGES moved immediate cloture on the entire matter.

The yeas and nays were taken resulting as follows:

Yeas 86; Nays 30

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, J.
Baker                  Barber                 Beatty
Boan                   Brown, H.              Cato
Clyborne               Cooper                 Elliott
Fair                   Farr                   Fulmer
Gamble                 Gonzales               Govan
Graham                 Hallman                Harrell
Harris, J.             Harris, P.             Harrison
Harwell                Haskins                Hines
Hodges                 Holt                   Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Lanford                Law                    Littlejohn
Marchbanks             Martin                 Mattos
McCraw                 McKay                  McTeer
Meacham                Moody-Lawrence         Neilson
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Stille
Stone                  Stuart                 Thomas
Trotter                Tucker                 Vaughn
Walker                 Wells                  Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--86

Those who voted in the negative are:

Breeland               Brown, G.              Brown, J.
Byrd                   Carnell                Chamblee
Cobb-Hunter            Corning                Cromer
Davenport              Delleney               Felder
Harrelson              Harvin                 Houck
Kennedy                Keyserling             Koon
McAbee                 McElveen               McLeod
Neal                   Rudnick                Scott
Spearman               Sturkie                Waites
Whipper                White                  Williams

Total--30

So, immediate cloture was ordered.

Rep. MATTOS proposed the following Amendment No. 102 (Doc Name L:\council\legis\amend\436\11075AC.93), which was adopted.

Amend the bill, as and if amended, by transferring the Division of Alcohol and Drug Addiction Services within the Department of Mental Health, as contained in SECTION 16, to the Department of Alcohol and Other Drug Abuse Services, as contained in SECTION 5.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. MATTOS explained the amendment.

The amendment was then adopted.

Rep. SCOTT proposed the following Amendment No. 103 (Doc Name L:\council\legis\amend\DKA\4387AL.93), which was tabled.

Amend the bill, as and if amended, Section 1-23-10(H), SECTION 1, by adding at the end:

/All plans or reports that require the merging or elimination of personnel within a department or division must be preapproved by the State Human Affairs Commission for compliance with affirmative action plans and programs before any personnel action may be taken by the department or the General Assembly./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. CLYBORNE moved to table the amendment.

Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:

Yeas 67; Nays 36

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Askins
Baker                  Boan                   Brown, H.
Cato                   Clyborne               Cooper
Corning                Cromer                 Davenport
Delleney               Fair                   Felder
Gamble                 Gonzales               Graham
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Hodges
Huff                   Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Kirsh                  Klauber                Koon
Littlejohn             Marchbanks             Martin
McCraw                 Meacham                Neilson
Phillips               Quinn                  Richardson
Riser                  Robinson               Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Stone
Stuart                 Sturkie                Thomas
Trotter                Tucker                 Vaughn
Walker                 Wells                  Wilder, D.
Wilder, J.             Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--67

Those who voted in the negative are:

Anderson               Bailey, J.             Beatty
Breeland               Brown, G.              Brown, J.
Byrd                   Chamblee               Cobb-Hunter
Elliott                Farr                   Govan
Harrelson              Harvin                 Haskins
Hines                  Holt                   Houck
Inabinett              Kennedy                Keyserling
McElveen               McLeod                 McMahand
McTeer                 Moody-Lawrence         Neal
Rudnick                Scott                  Spearman
Stille                 Waites                 Whipper
White                  Wilkes                 Williams

Total--36

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 104 (Doc Name L:\council\legis\amend\CYY\15278SD.93), which was tabled.

Amend the bill, as and if amended, by providing that the Office of Indigent Defense which is an independent agency established in Section 25 is made a division of the Judicial Department under Section 24 with its governing commission being abolished.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH moved to table the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 105 (Doc Name L:\council\legis\amend\CYY\15277SD.93), which was tabled.

Amend the bill, as and if amended, by providing that the Educational Television Commission which is an independent agency is made a part of the Department of Education in Section 8 as a division thereof with its governing commission being abolished.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. McLEOD spoke against the amendment.

Rep. SCOTT moved to table the amendment, which was agreed to.

Rep. GONZALES proposed the following Amendment No. 107 (Doc Name L:\council\legis\amend\JIC\5501HC.93), which was rejected.

Amend the bill, as and if amended, by deleting the Railways Commission from the Department in which it appears and thereby continue it as an independent agency.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. GONZALES explained the amendment.

Rep. SCOTT moved to table the amendment.

Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:

Yeas 52; Nays 52

Those who voted in the affirmative are:

Alexander, T.C.        Anderson               Askins
Beatty                 Boan                   Brown, G.
Brown, J.              Carnell                Cromer
Delleney               Elliott                Fair
Govan                  Harrelson              Harris, J.
Harris, P.             Harvin                 Hines
Hodges                 Houck                  Inabinett
Jennings               Kennedy                Keyserling
Kinon                  Kirsh                  Martin
McAbee                 McLeod                 McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Rhoad
Richardson             Rogers                 Rudnick
Scott                  Sheheen                Spearman
Stille                 Tucker                 Waites
Waldrop                White                  Wilder, J.
Wilkes                 Wilkins                Williams
Worley

Total--52

Those who voted in the negative are:

Alexander, M.O.        Allison                Bailey, J.
Baker                  Barber                 Brown, H.
Cato                   Chamblee               Clyborne
Cooper                 Corning                Davenport
Felder                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Haskins                Holt                   Huff
Hutson                 Jaskwhich              Keegan
Kelley                 Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Quinn                  Riser
Robinson               Sharpe                 Shissias
Simrill                Smith, D.              Smith, R.
Snow                   Stone                  Sturkie
Thomas                 Trotter                Vaughn
Walker                 Wells                  Wilder, D.
Witherspoon            Wofford                Wright
Young, A.

Total--52

So, the House refused to table the amendment.

Rep. HODGES spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:

Yeas 46; Nays 61

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Bailey, J.
Baker                  Barber                 Brown, H.
Cato                   Chamblee               Clyborne
Cooper                 Corning                Davenport
Fair                   Gamble                 Gonzales
Hallman                Harrell                Harrelson
Holt                   Huff                   Hutson
Jaskwhich              Keegan                 Kelley
Keyserling             Koon                   Marchbanks
McElveen               McLeod                 Quinn
Riser                  Robinson               Sharpe
Snow                   Stone                  Stuart
Sturkie                Thomas                 Trotter
Vaughn                 Wells                  Wilder, D.
Witherspoon            Wofford                Wright
Young, A.

Total--46

Those who voted in the negative are:

Alexander, T.C.        Anderson               Askins
Beatty                 Boan                   Brown, J.
Byrd                   Carnell                Cromer
Delleney               Elliott                Felder
Govan                  Graham                 Harris, J.
Harris, P.             Harvin                 Harwell
Hines                  Hodges                 Houck
Inabinett              Jennings               Kennedy
Kinon                  Kirsh                  Klauber
Lanford                Law                    Littlejohn
Martin                 McAbee                 McCraw
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Richardson
Rogers                 Rudnick                Scott
Sheheen                Simrill                Smith, D.
Smith, R.              Spearman               Stille
Tucker                 Waites                 Waldrop
Walker                 White                  Wilder, J.
Wilkes                 Wilkins                Williams
Worley

Total--61

So, the amendment was rejected.

Reps. COBB-HUNTER, BEATTY, SCOTT and CARNELL proposed the following Amendment No. 109 (Doc Name L:\council\legis\amend\DKA\4380AL.93), which was tabled.

Amend the bill, as and if amended, SECTION 7. Department of Disabilities and Special Needs. By making the Department of Disabilities and Special Needs an independent agency under the control of the State Board of Disabilities and Special Needs. The State Board of Disabilities and Special Needs shall administer and supervise the department. The board is composed of seven members: one from each congressional district of the State and one member from the state at large appointed by the Governor. Upon nomination by the Governor, each nominee must undergo screening by the joint legislative committee pursuant to Section 2-19-10, et seq. Members shall receive subsistence, mileage, and per diem as currently provided by law.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. HODGES moved to table the amendment.

Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:

Yeas 71; Nays 37

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, J.             Baker
Boan                   Brown, H.              Clyborne
Cooper                 Cromer                 Davenport
Delleney               Elliott                Fair
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harris, J.             Harris, P.             Haskins
Hodges                 Holt                   Houck
Huff                   Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Kirsh                  Koon                   Law
Marchbanks             Martin                 McCraw
McKay                  Meacham                Neilson
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Sharpe                 Sheheen
Simrill                Smith, R.              Snow
Stone                  Stuart                 Thomas
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Wilder, J.             Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, R.

Total--71

Those who voted in the negative are:

Anderson               Barber                 Beatty
Breeland               Brown, G.              Byrd
Carnell                Cobb-Hunter            Farr
Felder                 Harrelson              Harvin
Harwell                Hines                  Inabinett
Kennedy                Keyserling             Kinon
Klauber                McAbee                 McElveen
McLeod                 McMahand               McTeer
Moody-Lawrence         Neal                   Rudnick
Scott                  Spearman               Stille
Sturkie                Waites                 Whipper
White                  Wilder, D.             Wilkes
Williams

Total--37

So, the amendment was tabled.

Reps. COBB-HUNTER, BEATTY, SCOTT, ROGERS and BARBER proposed the following Amendment No. 110 (Doc Name L:\council\legis\amend\DKA\4383AL.93), which was tabled.

Amend the bill, as and if amended, SECTION 17. Department of Natural Resources. By making the Department of Natural Resources an independent agency under the control of the Natural Resources Commission. The Natural Resources Commission shall administer and supervise the department. The commission is composed of seven members: one from each congressional district of the State and one member from the state at large appointed by the Governor. Upon nomination by the Governor, each nominee must undergo screening by the joint legislative committee pursuant to Section 2-19-10, et seq. Members shall receive subsistence, mileage, and per diem as currently provided by law.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. COBB-HUNTER explained the amendment and moved to table the amendment, which was agreed to.

Reps. COBB-HUNTER, BEATTY and SCOTT proposed the following Amendment No. 111 (Doc Name L:\council\legis\amend\DKA\4382AL.93), which was tabled.

Amend the bill, as and if amended, SECTION 10. Department of Family Services. By making the Department of Family Services an independent agency under the control of the Board of Family Services. The Board of Family Services shall administer and supervise the department. The board is composed of seven members: one from each congressional district of the State and one member from the state at large appointed by the Governor. Upon nomination by the Governor, each nominee must undergo screening by the joint legislative committee pursuant to Section 2-19-10, et seq. Members shall receive subsistence, mileage, and per diem as currently provided by law.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. JENNINGS moved to table the amendment, which was agreed to by a division vote of 68 to 38.

Rep. WAITES proposed the following Amendment No. 112 (Doc Name L:\council\legis\amend\436\11100AC.93), which was rejected.

Amend the bill, as and if amended, SECTION 6, Department of Commerce, Division of State Development, by deleting item 27 beginning on page 225, line 11, through page 228, line 33.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. WAITES explained the amendment.

Rep. CLYBORNE moved to table the amendment.

Rep. WAITES demanded the yeas and nays, which were taken resulting as follows:

Yeas 53; Nays 60

Those who voted in the affirmative are:

Allison                Askins                 Bailey, J.
Baker                  Boan                   Brown, H.
Brown, J.              Carnell                Cato
Clyborne               Cooper                 Corning
Davenport              Elliott                Fair
Felder                 Gamble                 Graham
Harris, P.             Harrison               Haskins
Hodges                 Holt                   Jennings
Keegan                 Kelley                 Kinon
Kirsh                  Klauber                Lanford
Law                    Marchbanks             Martin
McAbee                 McCraw                 McKay
Quinn                  Rhoad                  Robinson
Shissias               Smith, D.              Stone
Stuart                 Thomas                 Townsend
Trotter                Tucker                 Vaughn
Walker                 Wells                  Wilder, J.
Wilkins                Wofford

Total--53

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Barber                 Beatty                 Breeland
Brown, G.              Byrd                   Chamblee
Cromer                 Delleney               Fulmer
Gonzales               Govan                  Hallman
Harrell                Harrelson              Harris, J.
Harvin                 Hines                  Houck
Huff                   Hutson                 Inabinett
Jaskwhich              Kennedy                Keyserling
Koon                   McElveen               McLeod
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Richardson             Riser
Rogers                 Rudnick                Scott
Sharpe                 Sheheen                Simrill
Smith, R.              Snow                   Spearman
Stille                 Sturkie                Waites
Waldrop                Whipper                White
Wilder, D.             Williams               Worley
Wright                 Young, A.              Young, R.

Total--60

So, the House refused to table the amendment.

Rep. HASKINS spoke against the amendment.

The question then recurred to the adoption of the amendment, which was rejected by a division vote of 41 to 62.

Rep. KEYSERLING proposed the following Amendment No. 113 (Doc Name L:\council\legis\amend\17118AC.93), which was tabled.

Amend the bill, as and if amended, by transferring Emergency and Disaster Response from the office of the Governor to the Emergency Preparedness Division under the Adjutant General.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. KEYSERLING explained the amendment.

Rep. ROGERS spoke against the amendment.

Rep. ROGERS moved to table the amendment.

Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:

Yeas 64; Nays 37

Those who voted in the affirmative are:

Allison                Askins                 Bailey, J.
Baker                  Boan                   Brown, H.
Cato                   Chamblee               Clyborne
Cooper                 Davenport              Delleney
Elliott                Fair                   Felder
Fulmer                 Gamble                 Gonzales
Hallman                Harrell                Harris, J.
Harris, P.             Hodges                 Huff
Hutson                 Jaskwhich              Jennings
Keegan                 Kelley                 Kirsh
Klauber                Koon                   Lanford
Littlejohn             Marchbanks             McCraw
McKay                  Meacham                Moody-Lawrence
Neilson                Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Simrill                Smith, D.
Smith, R.              Snow                   Stille
Stone                  Thomas                 Trotter
Tucker                 Vaughn                 Walker
Wells                  Wilder, J.             Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--64

Those who voted in the negative are:

Anderson               Beatty                 Breeland
Brown, J.              Byrd                   Carnell
Farr                   Govan                  Graham
Harrelson              Harvin                 Harwell
Haskins                Houck                  Inabinett
Kennedy                Keyserling             Law
McAbee                 McElveen               McMahand
McTeer                 Neal                   Phillips
Rudnick                Scott                  Sheheen
Spearman               Stuart                 Sturkie
Waites                 Waldrop                Whipper
White                  Wilder, D.             Wilkes
Williams

Total--37

So, the amendment was tabled.

Rep. KEYSERLING proposed the following Amendment No. 114 (Doc Name L:\council\legis\amend\17120AC.93), which was tabled.

Amend the bill, as and if amended, by transferring Highway Safety Programs from the Division of Public Safety in the Office of the Governor to the Highway Division in the Department of Transportation, as contained in Section 21.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. KEYSERLING explained the amendment.

Rep. CLYBORNE moved to table the amendment.

Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:

Yeas 64; Nays 43

Those who voted in the affirmative are:

Allison                Bailey, J.             Baker
Brown, H.              Cato                   Chamblee
Clyborne               Cooper                 Corning
Cromer                 Davenport              Elliott
Fair                   Farr                   Felder
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harris, J.             Harris, P.             Harrison
Hodges                 Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Kirsh                  Klauber                Koon
Lanford                Littlejohn             Marchbanks
McCraw                 Meacham                Neilson
Quinn                  Richardson             Riser
Robinson               Rogers                 Sharpe
Simrill                Smith, R.              Snow
Stille                 Stone                  Stuart
Thomas                 Trotter                Tucker
Vaughn                 Walker                 Wells
Wilder, J.             Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--64

Those who voted in the negative are:

Alexander, T.C.        Anderson               Askins
Barber                 Beatty                 Boan
Breeland               Brown, G.              Brown, J.
Byrd                   Carnell                Delleney
Govan                  Harrelson              Harvin
Harwell                Haskins                Hines
Houck                  Inabinett              Kennedy
Keyserling             Law                    McAbee
McElveen               McKay                  McLeod
McMahand               McTeer                 Neal
Phillips               Rhoad                  Rudnick
Scott                  Sheheen                Spearman
Waites                 Waldrop                Whipper
White                  Wilder, D.             Wilkes
Williams

Total--43

So, the amendment was tabled.

Rep. KEYSERLING proposed the following Amendment No. 115 (Doc Name L:\council\legis\amend\436\11102AC.93), which was tabled.

Amend the bill, as and if amended, by transferring Community Services Programs, the Rental Rehabilitation Program, Medicaid Transportation, Low-Income Weatherization, Low-income Home Energy Assistance Program, and the Emergency Shelter Grants Program from the Office of the Governor to the Department of Family Services, Division of Economic Services, as contained in SECTION 10.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. KEYSERLING explained the amendment.

Rep. CLYBORNE moved to table the amendment.

Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:

Yeas 59; Nays 45

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Baker
Brown, H.              Cato                   Chamblee
Clyborne               Cooper                 Davenport
Fair                   Farr                   Felder
Fulmer                 Gamble                 Gonzales
Hallman                Harrell                Harris, P.
Harrison               Hodges                 Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             McCraw
Meacham                Moody-Lawrence         Neilson
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Sharpe                 Simrill
Smith, R.              Stone                  Sturkie
Thomas                 Trotter                Vaughn
Walker                 Wells                  Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--59

Those who voted in the negative are:

Alexander, T.C.        Anderson               Askins
Barber                 Beatty                 Boan
Breeland               Brown, J.              Byrd
Carnell                Cromer                 Delleney
Govan                  Graham                 Harrelson
Harris, J.             Harvin                 Harwell
Haskins                Hines                  Houck
Inabinett              Kennedy                Keyserling
McAbee                 McElveen               McKay
McLeod                 McMahand               McTeer
Neal                   Rudnick                Scott
Sheheen                Snow                   Spearman
Stuart                 Tucker                 Waites
Waldrop                Whipper                White
Wilder, D.             Wilkes                 Williams

Total--45

So, the amendment was tabled.

Rep. KEYSERLING proposed the following Amendment No. 116 (Doc Name L:\council\legis\amend\436\11099AC.93), which was tabled.

Amend the bill, as and if amended, by transferring the office of Infant Mortality and the Maternal, Infant and Child Health Council from the office of the Governor to the Department of Health, as contained in SECTION 11.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. KEYSERLING explained the amendment and moved to table the amendment.

Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:

Yeas 60; Nays 38

Those who voted in the affirmative are:

Allison                Askins                 Baker
Boan                   Brown, H.              Cato
Clyborne               Cooper                 Corning
Davenport              Elliott                Fair
Felder                 Fulmer                 Gamble
Gonzales               Hallman                Harris, J.
Harris, P.             Harrison               Hines
Hutson                 Jaskwhich              Jennings
Keegan                 Kelley                 Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
McCraw                 Meacham                Moody-Lawrence
Neilson                Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Sharpe                 Simrill
Smith, D.              Smith, R.              Stone
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wilkins                Witherspoon
Wofford                Worley                 Young, A.

Total--60

Those who voted in the negative are:

Alexander, T.C.        Anderson               Barber
Beatty                 Breeland               Brown, G.
Brown, J.              Byrd                   Carnell
Cromer                 Delleney               Farr
Graham                 Harrell                Harrelson
Harvin                 Harwell                Haskins
Houck                  Inabinett              Kennedy
Keyserling             McElveen               McTeer
Neal                   Phillips               Rudnick
Scott                  Sheheen                Snow
Spearman               Stille                 Waites
Whipper                White                  Wilder, D.
Wilkes                 Williams

Total--38

So, the amendment was tabled.

Rep. KEYSERLING proposed the following Amendment No. 117 (Doc Name L:\council\legis\amend\436\11104AC.93), which was tabled.

Amend the bill, as and if amended, by transferring the Developmental Disabilities Council and the Developmental Disabilities Administration from the office of the Governor to the Division of Special Needs in the Department of Disabilities and Special Needs, as contained in SECTION 7.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. KEYSERLING moved to table the amendment, which was agreed to by a division vote of 58 to 23.

Rep. KEYSERLING proposed the following Amendment No. 118 (Doc Name L:\council\legis\amend\436\11103AC.93), which was tabled.

Amend the bill, as and if amended, by transferring the office of Rural Improvement and the office of Small and Minority Business from the office of the Governor to the Department of Commerce, as contained in SECTION 6, as the Division of Rural, Small Business and Minority Business of the department.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. KEYSERLING explained the amendment.

Rep. CLYBORNE moved to table the amendment.

Rep. WHITE demanded the yeas and nays, which were taken resulting as follows:

Yeas 60; Nays 50

Those who voted in the affirmative are:

Allison                Bailey, G.             Bailey, J.
Baker                  Boan                   Brown, H.
Brown, J.              Cato                   Clyborne
Cooper                 Corning                Davenport
Fair                   Felder                 Fulmer
Gamble                 Gonzales               Hallman
Harris, J.             Harris, P.             Harrison
Hodges                 Holt                   Hutson
Jennings               Keegan                 Kelley
Kirsh                  Klauber                Koon
Lanford                Littlejohn             Marchbanks
McCraw                 McKay                  Meacham
Moody-Lawrence         Rhoad                  Richardson
Riser                  Robinson               Rogers
Sharpe                 Shissias               Simrill
Smith, D.              Smith, R.              Stone
Stuart                 Thomas                 Trotter
Vaughn                 Walker                 Wells
Wilder, J.             Wilkins                Witherspoon
Wofford                Wright                 Young, A.

Total--60

Those who voted in the negative are:

Alexander, M.O.        Anderson               Barber
Beatty                 Breeland               Brown, G.
Byrd                   Canty                  Carnell
Chamblee               Cobb-Hunter            Cromer
Delleney               Elliott                Farr
Govan                  Graham                 Harrell
Harrelson              Harwell                Haskins
Hines                  Houck                  Huff
Inabinett              Jaskwhich              Kennedy
Keyserling             Law                    McElveen
McLeod                 McMahand               Neal
Neilson                Phillips               Rudnick
Scott                  Sheheen                Snow
Spearman               Stille                 Sturkie
Townsend               Waites                 Waldrop
Whipper                White                  Wilder, D.
Wilkes                 Williams

Total--50

So, the amendment was tabled.

Rep. KEYSERLING proposed the following Amendment No. 119 (Doc Name L:\council\legis\amend\436\11101AC.93), which was rejected.

Amend the bill, as and if amended, by transferring the office of Energy Programs (the State Energy Conservation Program, the Energy Extension Service, and the Institutional Conservation Program) from the office of the Governor to the Department of Natural Resources, as contained in SECTION 17, as the Energy Conservation Division of the Department of Natural Resources.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. KEYSERLING explained the amendment.

The question then recurred to the adoption of the amendment.

Rep. HARRELSON demanded the yeas and nays, which were taken resulting as follows:

Yeas 50; Nays 60

Those who voted in the affirmative are:

Alexander, M.O.        Anderson               Askins
Barber                 Beatty                 Breeland
Brown, G.              Canty                  Chamblee
Cromer                 Delleney               Govan
Harrell                Harrelson              Harris, J.
Harvin                 Harwell                Haskins
Hines                  Houck                  Inabinett
Jennings               Kennedy                Keyserling
Law                    Martin                 McElveen
McKay                  McLeod                 McMahand
McTeer                 Moody-Lawrence         Neilson
Phillips               Rhoad                  Richardson
Rudnick                Sheheen                Snow
Spearman               Stille                 Townsend
Trotter                Waites                 Waldrop
Whipper                White                  Wilder, D.
Wilkes                 Williams

Total--50

Those who voted in the negative are:

Alexander, T.C.        Allison                Bailey, G.
Bailey, J.             Baker                  Brown, H.
Brown, J.              Cato                   Clyborne
Cooper                 Corning                Davenport
Elliott                Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harris, P.             Harrison               Hodges
Holt                   Huff                   Hutson
Jaskwhich              Keegan                 Kelley
Kirsh                  Klauber                Koon
Lanford                Littlejohn             Marchbanks
McCraw                 Meacham                Neal
Riser                  Robinson               Rogers
Scott                  Sharpe                 Shissias
Simrill                Smith, D.              Smith, R.
Stone                  Stuart                 Thomas
Tucker                 Vaughn                 Walker
Wells                  Wilder, J.             Witherspoon
Wofford                Wright                 Young, A.

Total--60

So, the amendment was rejected.

MOTION REJECTED

Rep. WILKES moved to rescind Rule 3.9.

Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:

Yeas 21; Nays 83

Those who voted in the affirmative are:

Anderson               Askins                 Beatty
Brown, G.              Carnell                Corning
Davenport              Elliott                Felder
Harrelson              Harvin                 Houck
Inabinett              McElveen               McKay
McLeod                 Spearman               Stille
Townsend               White                  Wilkes

Total--21

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, G.             Bailey, J.             Baker
Barber                 Breeland               Brown, H.
Cato                   Chamblee               Clyborne
Cooper                 Cromer                 Delleney
Fair                   Farr                   Fulmer
Gamble                 Gonzales               Govan
Graham                 Hallman                Harrell
Harris, J.             Harris, P.             Harrison
Haskins                Hines                  Hodges
Holt                   Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             McCraw                 McTeer
Meacham                Moody-Lawrence         Neal
Phillips               Rhoad                  Richardson
Riser                  Robinson               Rogers
Rudnick                Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Stone
Stuart                 Sturkie                Thomas
Trotter                Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                Wilder, D.
Wilder, J.             Witherspoon            Wofford
Wright                 Young, A.

Total--83

So, the House refused to rescind Rule 3.9.

Rep. KEYSERLING proposed the following Amendment No. 120 (Doc Name L:\council\legis\amend\17119AC.93), which was adopted.

Amend the bill, as and if amended, by transferring Criminal Justice and Crime Prevention Programs from the Division of Public Safety in the Office of the Governor to the Office of Attorney General, as contained in Section 23, as the Criminal Justice and Crime Prevention Programs Division.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. KEYSERLING explained the amendment.

Rep. WELLS moved to table the amendment.

Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:

Yeas 44; Nays 60

Those who voted in the affirmative are:

Allison                Askins                 Bailey, J.
Baker                  Brown, H.              Cato
Clyborne               Cooper                 Davenport
Elliott                Fair                   Fulmer
Gamble                 Gonzales               Hallman
Hutson                 Jennings               Keegan
Kelley                 Kirsh                  Klauber
Koon                   Lanford                Littlejohn
Marchbanks             Meacham                Moody-Lawrence
Riser                  Robinson               Rogers
Sharpe                 Simrill                Smith, D.
Stone                  Stuart                 Thomas
Trotter                Vaughn                 Walker
Wells                  Wilkins                Witherspoon
Wright                 Young, A.

Total--44

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Bailey, G.             Barber                 Beatty
Breeland               Brown, G.              Canty
Chamblee               Cobb-Hunter            Corning
Cromer                 Delleney               Farr
Govan                  Graham                 Harrell
Harrelson              Harris, J.             Harris, P.
Harvin                 Harwell                Haskins
Hines                  Holt                   Houck
Huff                   Inabinett              Jaskwhich
Kennedy                Keyserling             Kinon
Law                    Mattos                 McCraw
McElveen               McLeod                 McMahand
McTeer                 Neal                   Neilson
Phillips               Richardson             Rudnick
Scott                  Sheheen                Smith, R.
Snow                   Spearman               Stille
Sturkie                Townsend               Tucker
Waites                 Waldrop                Whipper
White                  Wilkes                 Wofford

Total--60

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. COBB-HUNTER, BEATTY, SCOTT and ROGERS proposed the following Amendment No. 121 (Doc Name L:\council\legis\amend\DKA\4384AL.93), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.     The 1976 Code is amended by adding:

"Section 31-1-25.     There is created a State Housing Commission composed of seven members, one from each congressional district of the State and one from the state at large, all appointed by the Governor. Upon nomination by the Governor, each nominee must undergo screening by the joint legislative committee pursuant to the provisions of Section 2-19-10, et seq. The terms of the members are four years coterminous with the Governor appointing. The commission shall administer and supervise the State Housing Authority and the laws governing housing and community development within Title 31."/

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. GONZALES moved to table the amendment.

Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:

Yeas 72; Nays 30

Those who voted in the affirmative are:

Allison                Askins                 Bailey, G.
Bailey, J.             Baker                  Barber
Breeland               Brown, H.              Cato
Chamblee               Clyborne               Cooper
Corning                Cromer                 Davenport
Delleney               Fulmer                 Gamble
Gonzales               Graham                 Harrell
Harris, J.             Harris, P.             Harrison
Hodges                 Holt                   Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Martin
McCraw                 McKay                  Meacham
Moody-Lawrence         Neilson                Quinn
Richardson             Robinson               Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Stone
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Whipper
Wilder, J.             Wilkins                Witherspoon
Wofford                Wright                 Young, A.

Total--72

Those who voted in the negative are:

Alexander, T.C.        Anderson               Beatty
Brown, G.              Brown, J.              Byrd
Cobb-Hunter            Elliott                Farr
Govan                  Harrelson              Harwell
Hines                  Kennedy                Keyserling
McElveen               McLeod                 McMahand
McTeer                 Neal                   Phillips
Rogers                 Rudnick                Scott
Snow                   Spearman               Stille
Townsend               Waites                 Wilkes

Total--30

So, the amendment was tabled.

Reps. WALDROP, RHOAD and J. BROWN proposed the following Amendment No. 122 (Doc Name L:\council\legis\amend\CYY\15263SD.93), which was tabled.

Amend the bill, as and if amended, in Section 10, by removing the Commission on Aging from the Department of Family Services and providing that the Commission on Aging shall remain an independent agency of state government.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. WALDROP explained the amendment.

Rep. JENNINGS spoke against the amendment.

Rep. JENNINGS moved to table the amendment.

Rep. WALDROP demanded the yeas and nays, which were taken resulting as follows:

Yeas 63; Nays 46

Those who voted in the affirmative are:

Allison                Askins                 Bailey, G.
Bailey, J.             Baker                  Beatty
Boan                   Brown, H.              Cato
Clyborne               Cooper                 Corning
Delleney               Fulmer                 Gamble
Gonzales               Harrell                Harris, J.
Harrison               Harwell                Hodges
Holt                   Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Kinon                  Kirsh
Klauber                Koon                   Lanford
Littlejohn             Marchbanks             Martin
Mattos                 McCraw                 McKay
McTeer                 Meacham                Moody-Lawrence
Quinn                  Richardson             Riser
Robinson               Sharpe                 Simrill
Smith, D.              Smith, R.              Stuart
Sturkie                Thomas                 Trotter
Tucker                 Vaughn                 Walker
Wells                  Whipper                Witherspoon
Wofford                Wright                 Young, A.

Total--63

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Barber                 Breeland               Brown, G.
Brown, J.              Byrd                   Carnell
Chamblee               Cobb-Hunter            Cromer
Davenport              Elliott                Felder
Graham                 Harrelson              Harris, P.
Harvin                 Hines                  Houck
Inabinett              Kennedy                Keyserling
Law                    McAbee                 McLeod
McMahand               Neal                   Neilson
Phillips               Rhoad                  Rudnick
Scott                  Sheheen                Shissias
Stille                 Stone                  Townsend
Waldrop                White                  Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Williams

Total--46

So, the amendment was tabled.

Reps. RUDNICK, G. BROWN, COBB-HUNTER and McTEER proposed the following Amendment No. 123 (Doc Name L:\council\legis\amend\N05\8967BD.93), which was tabled.

Amend the bill, as and if amended, SECTION 1, DEPARTMENTS OF STATE GOVERNMENT, by adding an appropriately lettered subsection to read:

/__.     The qualifications for department directors and division deputy directors provided for in Chapter 30, Title 1 of the 1976 Code must be established by the General Assembly by statute before July 1, 1993./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES moved to table the amendment, which was agreed to by a division vote of 70 to 25.

Reps. RUDNICK, G. BROWN and COBB-HUNTER proposed the following Amendment No. 124 (Doc Name L:\council\legis\amend\N05\8965BD.93), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION     __.     A state employee terminated as a result of the reorganization of his agency and its budget pursuant to government structural reform through this act shall receive six months notice before termination./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES moved to table the amendment.

Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:

Yeas 63; Nays 34

Those who voted in the affirmative are:

Allison                Bailey, J.             Baker
Barber                 Brown, H.              Cato
Clyborne               Corning                Delleney
Elliott                Fair                   Gamble
Gonzales               Graham                 Hallman
Harrell                Harris, P.             Harrison
Haskins                Hodges                 Holt
Houck                  Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Keyserling             Kinon
Klauber                Koon                   Lanford
Littlejohn             Marchbanks             McKay
McTeer                 Meacham                Moody-Lawrence
Quinn                  Richardson             Riser
Robinson               Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Stone                  Stuart                 Sturkie
Thomas                 Trotter                Tucker
Vaughn                 Walker                 Wells
Wilder, J.             Wilkins                Witherspoon
Wofford                Wright                 Young, A.

Total--63

Those who voted in the negative are:

Askins                 Bailey, G.             Breeland
Brown, G.              Byrd                   Chamblee
Cobb-Hunter            Cooper                 Farr
Govan                  Harrelson              Harris, J.
Harwell                Hines                  Inabinett
Kennedy                Law                    McCraw
McMahand               Neal                   Neilson
Phillips               Rudnick                Scott
Snow                   Spearman               Stille
Townsend               Waites                 Waldrop
Whipper                White                  Wilder, D.
Williams

Total--34

So, the amendment was tabled.

TO:         Sandra McKinney
FROM: JOHN TUCKER
DATE: March 10, 1993

Please give me a leave of absence beginning at 3:30 P.M. TODAY for the remainder of the week due to scheduled surgery in Anderson tomorrow.

Thanks.

LEAVE OF ABSENCE

The SPEAKER granted Rep. TUCKER a leave of absence for the remainder of the day and the remainder of the week.

Reps. RUDNICK, McLEOD and G. BROWN proposed the following Amendment No. 125 (Doc Name L:\council\legis\amend\N05\8969BD.93), which was tabled.

Amend the bill, as and if amended, SECTION 7, DEPARTMENT OF DISABILITIES and SPECIAL NEEDS, by deleting subsection B. DIVISION OF MENTAL RETARDATION.

Amend further, SECTION 1, DEPARTMENTS OF STATE GOVERNMENT, by deleting Section 1-30-30(D).

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. CLYBORNE moved to table the amendment.

Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:

Yeas 74; Nays 16

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Anderson
Askins                 Bailey, G.             Bailey, J.
Baker                  Barber                 Boan
Breeland               Brown, H.              Chamblee
Clyborne               Cooper                 Cromer
Davenport              Delleney               Elliott
Fair                   Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harris, J.             Hodges
Holt                   Houck                  Huff
Hutson                 Jaskwhich              Jennings
Keegan                 Keyserling             Kinon
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             McCraw                 McKay
McMahand               McTeer                 Quinn
Rhoad                  Richardson             Riser
Robinson               Sharpe                 Sheheen
Simrill                Smith, D.              Smith, R.
Snow                   Spearman               Stille
Stone                  Stuart                 Sturkie
Thomas                 Trotter                Waldrop
Walker                 Whipper                Wilder, J.
Wilkins                Witherspoon            Worley
Wright                 Young, A.

Total--74

Those who voted in the negative are:

Brown, G.              Byrd                   Cobb-Hunter
Farr                   Harrelson              Harwell
Hines                  Inabinett              Kennedy
Neal                   Phillips               Rudnick
Scott                  Townsend               White
Williams

Total--16

So, the amendment was tabled.

Reps. NEAL and COBB-HUNTER proposed the following Amendment No. 128 (Doc Name L:\council\legis\amend\CYY\15287SD.93), which was adopted.

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/Section .     The Budget and Control Board shall provide for a consolidated employee employment application process to be used by all state agencies or departments including those affected by the provisions of this act. This consolidated employment application process for state government shall be implemented on January 1, 1994./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

The amendment was then adopted.

Reps. COBB-HUNTER, BEATTY and SCOTT proposed the following Amendment No. 129 (Doc Name L:\council\legis\amend\DKA\4379AL.93), which was tabled.

Amend the bill, as and if amended, SECTION 11. Department of Health. By making the Department of Health an independent agency under the control of the State Board of Health. The State Board of Health shall administer and supervise the department. The board is composed of seven members: one from each congressional district of the State and one member from the state at large appointed by the Governor. Upon nomination by the Governor, each nominee must undergo screening by the joint legislative committee pursuant to Section 2-19-10, et seq. Members shall receive subsistence, mileage, and per diem as currently provided by law.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to.

Reps. COBB-HUNTER, BEATTY and SCOTT proposed the following Amendment No. 130 (Doc Name L:\council\legis\amend\DKA\4381AL.93), which was tabled.

Amend the bill, as and if amended, SECTION 21. Department of Transportation. By making the Department of Transportation an independent agency under the control of the Transportation Commission. The Transportation Commission shall administer and supervise the department. The commission is composed of seven members: one from each congressional district of the State and one member from the state at large appointed by the Governor. Upon nomination by the Governor, each nominee must undergo screening by the joint legislative committee pursuant to Section 2-19-10, et seq. Members shall receive subsistence, mileage, and per diem as currently provided by law.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to.

Rep. McELVEEN proposed the following Amendment No. 131 (Doc Name L:\council\legis\amend\JIC\5493SD.93), which was tabled.

Amend the bill, as and if amended, by striking Section 1-23-500 of the 1976 Code, as contained in SECTION 2, and inserting:

/Section 1-23-500.     There is created the South Carolina Administrative Law Judge Division, which is an agency of the judicial department and as such is considered a part of the unified judicial system. The division consists of a chief administrative law judge and seven associate administrative law judges./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McELVEEN explained the amendment.

Rep. HODGES moved to table the amendment.

Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:

Yeas 70; Nays 35

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Askins
Bailey, G.             Bailey, J.             Baker
Barber                 Boan                   Brown, H.
Cato                   Clyborne               Cooper
Corning                Cromer                 Elliott
Fair                   Farr                   Gamble
Gonzales               Graham                 Hallman
Harrell                Harris, J.             Harris, P.
Harwell                Haskins                Hodges
Holt                   Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Kirsh                  Klauber
Koon                   Lanford                Littlejohn
Marchbanks             Martin                 Mattos
McCraw                 Meacham                Phillips
Rhoad                  Riser                  Robinson
Rogers                 Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Stone
Stuart                 Thomas                 Trotter
Vaughn                 Walker                 Wells
Wilder, D.             Wilder, J.             Wilkins
Witherspoon            Wofford                Wright
Young, A.

Total--70

Those who voted in the negative are:

Alexander, M.O.        Anderson               Beatty
Brown, G.              Byrd                   Canty
Carnell                Chamblee               Cobb-Hunter
Davenport              Delleney               Govan
Harrelson              Harrison               Hines
Houck                  Inabinett              Kennedy
Keyserling             Law                    McElveen
McLeod                 McMahand               McTeer
Moody-Lawrence         Neal                   Quinn
Richardson             Rudnick                Scott
Stille                 Waites                 Whipper
White                  Williams

Total--35

So, the amendment was tabled.

Rep. McELVEEN proposed the following Amendment No. 132 (Doc Name L:\council\legis\amend\JIC\5494SD.93), which was tabled.

Amend the bill, as and if amended, by striking Section 1-23-510 of the 1976 Code, as contained in SECTION 2, and inserting:

/Section 1-23-510.     (A)     The judges of the division must be elected and screened by the General Assembly in the same manner circuit judges are elected and screened. They shall each be elected for a term of six years and until their successors are elected and qualify; provided, that of those judges initially elected, the chief judge (Seat 1) and the judges elected to Seats 2 and 3 must be elected for terms of six years, the judges elected to Seats 4, 5, and 6 must be elected for terms of four years, the judges elected to Seats 7 and 8 must be elected for terms of two years. The terms of office of the judges of the division begin on July first of the year of election. The General Assembly during its 1993 session shall initially elect the Administrative Law Judges who shall take office July 1, 1993.

(B)     all vacancies in the office of administrative law judge must be filled in the manner of original election. When a vacancy is filled, the judge selected shall hold office only for the unexpired term of his predecessor.

(C)     In elections of administrative law judges, race, gender, and other demographic factors including age, residence, type of practice, and law firm size should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this state.

(D)     Each judicial seat on the division must be numbered. Elections are required to be for a specific seat. The office of chief administrative law judge is a separate and distinct office for the purpose of an election.

(E)     In the event that there is a vacancy in the position of the chief administrative law judge or for any reason the chief administrative law judge is unable to act, his powers and functions must be exercised by the associate administrative law judge occupying Seat 2./

Amend further by striking Section 1-23-550 of the 1976 Code, as contained in SECTION 2, in its entirety.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McELVEEN explained the amendment.

Rep. HODGES moved to table the amendment.

Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:

Yeas 63; Nays 37

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, G.             Bailey, J.
Baker                  Barber                 Boan
Brown, H.              Carnell                Cato
Clyborne               Cooper                 Corning
Elliott                Fair                   Felder
Gamble                 Gonzales               Graham
Hallman                Harrell                Harris, J.
Harris, P.             Haskins                Hodges
Holt                   Huff                   Hutson
Jaskwhich              Keegan                 Kelley
Kirsh                  Klauber                Koon
Littlejohn             McAbee                 McCraw
Meacham                Rhoad                  Riser
Robinson               Rogers                 Sharpe
Sheheen                Shissias               Simrill
Smith, R.              Stone                  Stuart
Thomas                 Trotter                Vaughn
Walker                 Wells                  Wilder, D.
Wilder, J.             Wilkins                Witherspoon
Wofford                Wright                 Young, A.

Total--63

Those who voted in the negative are:

Beatty                 Brown, G.              Byrd
Canty                  Chamblee               Cobb-Hunter
Cromer                 Davenport              Delleney
Farr                   Govan                  Harrelson
Harrison               Hines                  Inabinett
Kennedy                Keyserling             Lanford
Law                    McElveen               McLeod
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Richardson             Rudnick                Scott
Smith, D.              Spearman               Stille
Waites                 Whipper                White
Williams

Total--37

So, the amendment was tabled.

Rep. McELVEEN proposed the following Amendment No. 133 (Doc Name L:\council\legis\amend\JIC\5492SD.93), which was tabled.

Amend the bill, as and if amended, by striking Section 1-23-500 of the 1976 Code, as contained in SECTION 2, and inserting:

/Section 1-23-500.     There is created the South Carolina Administrative Law Judge Division, which is an independent agency of the government of this State. The division consists of a chief administrative law judge and seven associate administrative law judges./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McELVEEN explained the amendment.

Rep. HODGES spoke against the amendment and moved to table the amendment.

Rep. WHITE demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 62 to 21.

Rep. McELVEEN proposed the following Amendment No. 134 (Doc Name L:\council\legis\amend\CYY\15260SD.93), which was tabled.

Amend the bill, as and if amended, in Section 8, by placing the Commission on Higher Education and each public institution of higher learning of this State under the Department of Education as divisions thereof.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McELVEEN explained the amendment.

Rep. FELDER moved to table the amendment.

Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:

Yeas 69; Nays 34

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, G.             Bailey, J.             Barber
Boan                   Brown, H.              Brown, J.
Byrd                   Carnell                Clyborne
Cooper                 Corning                Cromer
Elliott                Fair                   Farr
Felder                 Gamble                 Gonzales
Graham                 Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Hodges                 Holt                   Hutson
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Koon
Littlejohn             Marchbanks             Mattos
McAbee                 McCraw                 McTeer
Meacham                Moody-Lawrence         Neilson
Phillips               Rhoad                  Richardson
Riser                  Robinson               Rogers
Rudnick                Scott                  Sharpe
Shissias               Simrill                Smith, R.
Stille                 Thomas                 Trotter
Waites                 Walker                 Wells
Wilder, J.             Wilkins                Witherspoon
Wofford                Wright                 Young, A.

Total--69

Those who voted in the negative are:

Anderson               Baker                  Beatty
Brown, G.              Canty                  Cato
Chamblee               Davenport              Delleney
Hallman                Harrell                Harrelson
Haskins                Hines                  Houck
Inabinett              Jaskwhich              Keyserling
Klauber                Lanford                Law
McElveen               McLeod                 McMahand
Neal                   Quinn                  Smith, D.
Spearman               Stone                  Stuart
Vaughn                 Wilder, D.             Williams
Worley

Total--34

So, the amendment was tabled.

RECORD FOR NOT VOTING

I did not vote on #134 since my brother is Commissioner of Higher Education.

Rep. BOB SHEHEEN

Rep. CARNELL proposed the following Amendment No. 136 (Doc Name L:\council\legis\amend\JIC\5523SD.93), which was adopted.

Amend the bill, as and if amended, in SECTION 2(A) by adding Section 1-23-525 to read:

/Section 1-23-525.     No member of any General Assembly who is not otherwise prohibited from being appointed to an administrative law judgeship may be appointed to such judgeship while he is a member of the General Assembly and for a period of four years after he ceases to be a member of the General Assembly./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. CARNELL explained the amendment.

Rep. HODGES moved to table the amendment.

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Yeas 8; Nays 98

Those who voted in the affirmative are:

Boan                   Clyborne               Harrison
Hodges                 Jennings               Robinson
Smith, D.              Stuart

Total--8

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Baker                  Barber
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Canty
Carnell                Cato                   Chamblee
Cooper                 Cromer                 Davenport
Delleney               Elliott                Fair
Farr                   Felder                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harrelson
Harris, J.             Harris, P.             Harvin
Haskins                Holt                   Houck
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Martin                 McAbee                 McCraw
McKay                  McLeod                 McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Rogers                 Rudnick
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, R.
Spearman               Stille                 Stone
Sturkie                Thomas                 Trotter
Vaughn                 Waites                 Walker
Wells                  Whipper                White
Wilder, D.             Wilder, J.             Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--98

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. GRAHAM proposed the following Amendment No. 137 (Doc Name L:\council\legis\amend\CYY\15298SD.93), which was tabled.

Amend the bill, as and if amended, in Section 1 by adding a new section 1-30-12:

/Section 1-30-12.     No person may be appointed as director of a department created in Section 1-30-10 or to an administrative law judgeship created in Section 1-23-510 if that person, a member of his immediate family, or an entity or business in which he has majority control has contributed after July 1, 1993, individually or in combination, more than a total of two hundred fifty dollars to any member of the General Assembly within five years of the date the member performs an advice and consent function in regard to that person's appointment to such offices./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. GRAHAM explained the amendment.

Rep. HODGES spoke against the amendment.

Rep. WILKINS moved to table the amendment.

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Yeas 69; Nays 38

Those who voted in the affirmative are:

Allison                Bailey, G.             Bailey, J.
Barber                 Beatty                 Boan
Breeland               Brown, G.              Brown, J.
Byrd                   Cato                   Chamblee
Clyborne               Cobb-Hunter            Delleney
Elliott                Felder                 Fulmer
Gamble                 Gonzales               Govan
Hallman                Harris, J.             Harrison
Harvin                 Hodges                 Holt
Huff                   Hutson                 Inabinett
Jennings               Kennedy                Kinon
Kirsh                  Lanford                Littlejohn
Marchbanks             Martin                 McCraw
McLeod                 McTeer                 Meacham
Moody-Lawrence         Neal                   Phillips
Rhoad                  Richardson             Riser
Rogers                 Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, R.              Spearman               Stone
Stuart                 Walker                 Wells
Whipper                White                  Wilder, J.
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--69

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Askins                 Baker                  Brown, H.
Canty                  Cooper                 Cromer
Davenport              Fair                   Graham
Harrell                Harwell                Haskins
Hines                  Houck                  Jaskwhich
Keegan                 Kelley                 Keyserling
Klauber                Koon                   Law
McElveen               McMahand               Neilson
Quinn                  Robinson               Rudnick
Stille                 Thomas                 Townsend
Trotter                Vaughn                 Waites
Wilder, D.             Williams

Total--38

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 138 (Doc Name L:\council\legis\amend\DKA\4394AL.93), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION __.     Beginning July 1, 1993, the Legislative Audit Council shall conduct a disparity study of all state departments or agencies at least once every three years. The findings must be reported to the Budget and Control Board and the General Assembly./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WAITES a temporary leave of absence.

Rep. HODGES moved to table the amendment.

Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:

Yeas 69; Nays 28

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Askins
Bailey, G.             Baker                  Boan
Brown, H.              Carnell                Cato
Clyborne               Cooper                 Corning
Cromer                 Delleney               Elliott
Fair                   Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harris, J.             Harrison
Hodges                 Houck                  Huff
Jaskwhich              Jennings               Keegan
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Littlejohn
Marchbanks             Martin                 McCraw
McKay                  Meacham                Neilson
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stone                  Stuart
Trotter                Vaughn                 Walker
Wells                  Wilder, D.             Wilder, J.
Wilkes                 Wilkins                Wofford
Worley                 Wright                 Young, A.

Total--69

Those who voted in the negative are:

Anderson               Beatty                 Breeland
Brown, G.              Byrd                   Canty
Cobb-Hunter            Davenport              Govan
Harrelson              Harvin                 Harwell
Haskins                Hines                  Inabinett
Kennedy                Keyserling             Law
McMahand               McTeer                 Moody-Lawrence
Neal                   Rogers                 Rudnick
Scott                  Stille                 White
Williams

Total--28

So, the amendment was tabled.

Rep. McLEOD proposed the following Amendment No. 139 (Doc Name L:\council\legis\amend\DKA\4395AL.93), which was tabled.

Amend the bill, as and if amended, Section 1-30-10, SECTION 1. Departments of State Government. by adding an appropriately lettered subsection to read:

/(__)     The Governor may appoint only the agency head for each cabinet department. A job description must be developed for each department head and all deputy directors. No person may be appointed or nominated for a position as a director or head of a department who does not have the qualifications as established by the job description. A person may be exempted from satisfying the qualifications upon a majority vote of the House and the Senate./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McLEOD explained the amendment.

Rep. WILKINS spoke against the amendment and moved to table the amendment.

Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:

Yeas 73; Nays 24

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Askins
Bailey, G.             Baker                  Barber
Brown, H.              Cato                   Clyborne
Corning                Cromer                 Davenport
Delleney               Fair                   Farr
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harris, P.             Harrison
Haskins                Hodges                 Holt
Huff                   Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Martin                 McKay                  Meacham
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stone                  Stuart
Trotter                Vaughn                 Walker
Wells                  Wilder, D.             Wilder, J.
Wilkes                 Wilkins                Williams
Witherspoon            Wofford                Wright
Young, A.

Total--73

Those who voted in the negative are:

Anderson               Breeland               Brown, G.
Brown, J.              Byrd                   Canty
Carnell                Chamblee               Elliott
Harris, J.             Harvin                 Hines
Houck                  Inabinett              McLeod
McMahand               McTeer                 Moody-Lawrence
Neal                   Rudnick                Scott
Stille                 Whipper                White

Total--24

So, the amendment was tabled.

Rep. J. HARRIS proposed the following Amendment No. 140 (Doc Name L:\council\legis\amend\DKA\4396BD.93), which was adopted.

Amend the bill, as and if amended, SECTION 18, DEPARTMENT OF PARKS, TOURISM and CULTURAL AFFAIRS, beginning on page 2004 and line 42, by striking subsection (C) and inserting:

/C.         SOUTH CAROLINA DIVISION OF THE FILM OFFICE

The 1976 Code is amended by adding:

"Section 60-15-100.     (A)There is created the South Carolina Division of the Film Office, a division of the Department of Parks, Tourism, and Cultural Affairs. The administration and management of the Division of the Film Office is committed to the deputy director, who serves at the pleasure of the Director of the Department of Parks, Tourism and Cultural Affairs.

(B)     The duties of the division include, but are not limited to:

(1)     recruit and facilitate motion picture production;

(2)     recruit motion picture production and support companies and facilities;

(3)     take steps necessary to foster the economic and cultural development of the indigenous motion picture industry.

(C)     In accordance with law, the division may:

(1)     control the expenditure of public funds appropriated to the department;

(2)     enter into contracts, within the amount made available by appropriation for contracts, with individuals, organizations, and institutions for services furthering the objectives of the division's programs, and with local and regional associations for cooperative endeavors furthering the objectives of the division's programs;

(3)     accept gifts, contributions, and bequests of an unrestricted nature from individuals, foundations, corporations, and other organizations and institutions for the purpose of furthering the objectives of the division's programs;

(4)     purchase and own real and personal property;

(5)     make and sign agreements;

(6)     perform acts necessary, desirable, or proper to carry out the duties of the division;

(7)     request and shall receive from any department or agency of the State assistance and data to enable it to carry out its powers and duties;

(8)     receive and disburse funds which may be made available by the federal government for programs related to motion picture production and related activities./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. J. HARRIS explained the amendment.

The amendment was then adopted.

Reps. COBB-HUNTER, BEATTY, SCOTT and WHITE proposed the following Amendment No. 144 (Doc Name L:\council\legis\amend\DKA\4398AL.93), which was adopted.

Amend the bill, as and if amended, 1-30-10(B), SECTION 1, to read:

/(B)     Each department is headed by a director who must be appointed by the Governor by and with the advice and consent of the General Assembly and who shall serve at the will and pleasure of the Governor. In making appointments race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of this State. However, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. Upon nomination by the Governor, each nominee for department director must undergo screening by joint legislative committee pursuant to the provisions of Section 2-19-10, et seq./

Amend further Section 1-30-10(E), SECTION 1, to read:

/(E)     A department director or constitutional officer may appoint deputy directors to head the divisions of their department, with each deputy director managing one or more of the divisions. In making the appointments, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. However, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed. Deputy directors serve at the will and pleasure of the director. The deputy director of the division is vested with the duty of overseeing, managing, and controlling operation and administration of the division under the direction and control of the department director and performing other duties as delegated by the director./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

The amendment was then adopted.

Rep. TUCKER proposed the following Amendment No. 145 (Doc Name L:\council\legis\amend\DKA\4391AL.93), which was adopted.

Amend the bill, as and if amended, Section 20-7-3220, SECTION 19(C). Division of Youth Services. By striking the last sentence and inserting:

/The department's division's policies and procedures for the provision of intake services shall be reviewed by and subject to the approval of the Board of Juvenile Parole./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. HASKINS spoke against the amendment.

The amendment was then adopted.

Rep. TUCKER proposed the following Amendment No. 146 (Doc Name L:\council\legis\amend\DKA\4390AL.93), which was adopted.

Amend the bill, as and if amended, SECTION 19(B). Department of Rehabilitation and Corrections, Division of Juvenile Programs. By adding an appropriately numbered item to read:

/(__)     The first paragraph of Section 20-7-2095 of the 1976 Code is amended to read:

"The Board of Juvenile Parole (parole board) shall meet monthly, and at other times as may be necessary, to review the records and progress of children committed to the custody of the Board or Department of Youth Services (Department) Division of Juvenile Programs for the purpose of deciding the release or revocation of release of such children. The parole board shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Board of Youth Services Division of Juvenile Programs and may, in its discretion, issue temporary and final discharges or release such persons conditionally and prescribe conditions for such release into aftercare. It shall be the right of any such juvenile to personally appear before the parole board every three months for the purpose of parole consideration, but no such appearance shall begin until the parole board determines that an appropriate period of time has elapsed since the juvenile's commitment. In addition, and at the discretion of the parole board, the quarterly reviews of juveniles committed to the division for having committed a violent offense, as defined in Section 16-1-60, may be waived by the parole board until the juvenile reaches the minimum parole guidelines established for the juvenile by the parole board. In order to allow such reviews and personal appearances by children, the chairman of the parole board may assign the members to meet in panels of not less than three members to receive progress reports and recommendations, review cases, meet with children, meet with counselors, and to hear matters and consider cases for release, parole, and parole revocation. Membership on such panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the parole board. Any panel vote that is not unanimous shall not be considered as a final decision of the parole board and the matter shall be referred to the full parole board, which shall determine the matter by a majority vote of its membership."/

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. HASKINS spoke against the amendment.

The amendment was then adopted.

Rep. TUCKER proposed the following Amendment No. 147 (Doc Name L:\council\legis\amend\DKA\4389AL.93), which was tabled.

Amend the bill, as and if amended, SECTION 19. Department of Rehabilitation and Corrections, Division of Juvenile Programs. By striking the first paragraph of Section 20-7-2125 and inserting:

/Any juvenile, who shall have been conditionally released from a correctional school, shall remain under the authority of the Parole Board until the expiration of the specified term imposed in his conditional aftercare release. The specified period of conditional release may expire before but not after the eighteenth nineteenth birthday of the juvenile. Each juvenile conditionally released shall be subject to the conditions and restrictions of his release and may at any time on the order of the Parole Board be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. HASKINS spoke against the amendment.

POINT OF ORDER

Rep. HARWELL raised the Point of Order that Amendment No. 147 was out of order as it was not germane.

The SPEAKER stated that it was germane and it was in Subsection 11 on page 2114 and he overruled the Point of Order.

Rep. HARWELL spoke against the amendment and moved to table the amendment.

Rep. D. SMITH demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 85 to 2.

Rep. TUCKER proposed the following Amendment No. 148 (Doc Name L:\council\legis\amend\DKA\4388AL.93), which was tabled.

Amend the bill, as and if amended, SECTION 19. Department of Rehabilitation and Corrections, Division of Juvenile Programs. By striking Section 20-7-2115 and inserting:

/Section 20-7-2115.     The department Division of Juvenile Programs shall be is charged with the responsibility of making aftercare investigations to determine suitable placement for children considered for conditional release from the correctional schools. The department division shall also have has the responsibility of supervising the aftercare program, making revocation investigations, and submitting findings to the parole board.

The commissioner and such division staff as he shall designate in the performance of their, with duties of investigation, counseling and supervision, and revocation investigations, shall be regarded as are considered official representatives of the parole board.

The commissioner and counsels division staff must abide by shall be subject to the rules and regulations for parole and parole revocation promulgated by the parole board and shall meet with the parole board at its meetings when requested. Community-based counselors, or their supervisors, with assigned clients committed to institutions of the department Division of Youth Services shall periodically visit the institutions in order to counsel their clients and accomplish such the duties as outlined in this subarticle.

Employees of the department that serve as counselors for the purpose of presenting juvenile progress reports and release recommendations to the parole board and the immediate supervisor of these employees shall be employed by the Commissioner with the advice and consent of the Parole Board. The service of these employees in such capacity shall continue at the pleasure of the Parole Board.

Recognizing the need to maintain autonomy and to provide a check and balance system, the Board of Juvenile Parole shall employ a Director of Parole and other staff necessary to carry out the duties of parole examinations, victim liaison, and revocation hearings. The director serves at the will and pleasure of the Board of Juvenile Parole. All staff are employees of the Board of Juvenile Parole and are directly responsible to the Board of Juvenile Parole both administratively and operationally. Funds allocated for the functions designated in this section must be incorporated as a line item within the department's budget.

The department shall continue to provide the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions."

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS moved to table the amendment, which was agreed to.

Rep. JENNINGS proposed the following Amendment No. 149 (Doc Name L:\council\legis\amend\CYY\15246SD.93), which was adopted.

Amend the bill, as and if amended, by transferring the State Office of Victim's Assistance and the Victim's Compensation Fund from the Attorney General's Office, as contained in Section 23, to the Governor's Office, as contained in Section 22, as a division thereof.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

Reps. WILKINS, CLYBORNE and BEATTY proposed the following Amendment No. 150 (Doc Name L:\council\legis\amend\DKA\4400SD.93), which was tabled.

Amend the bill, as and if amended, in Section 1-30-10 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (I) to read:

/(I)     No director, department, constitutional officer, agency or entity of the State shall hire, retain, or contract with a lobbyist, as defined in Section 2-17-10, to perform lobbying services on behalf of the department or entity.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS explained the amendment.

Rep. JENNINGS spoke against the amendment.

Rep. J. BAILEY moved to table the amendment.

Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:

Yeas 68; Nays 44

Those who voted in the affirmative are:

Alexander, M.O.        Askins                 Bailey, G.
Bailey, J.             Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Byrd                   Carnell                Corning
Davenport              Delleney               Elliott
Farr                   Felder                 Gamble
Gonzales               Harrelson              Harris, J.
Harris, P.             Harrison               Harvin
Harwell                Hines                  Hodges
Holt                   Houck                  Hutson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Kinon
Lanford                Law                    Martin
Mattos                 McAbee                 McCraw
McLeod                 McTeer                 Moody-Lawrence
Neilson                Phillips               Rhoad
Richardson             Riser                  Rogers
Rudnick                Scott                  Sheheen
Shissias               Smith, D.              Snow
Spearman               Sturkie                Thomas
Walker                 Whipper                Wilder, J.
Wilkes                 Williams               Witherspoon
Wright                 Young, R.

Total--68

Those who voted in the negative are:

Alexander, T.C.        Allison                Anderson
Baker                  Canty                  Cato
Chamblee               Clyborne               Cooper
Cromer                 Fair                   Fulmer
Graham                 Hallman                Harrell
Haskins                Huff                   Jaskwhich
Keyserling             Kirsh                  Klauber
Koon                   Marchbanks             McElveen
McMahand               Meacham                Neal
Quinn                  Robinson               Sharpe
Simrill                Smith, R.              Stille
Stone                  Stuart                 Townsend
Trotter                Vaughn                 Wells
Wilder, D.             Wilkins                Wofford
Worley                 Young, A.

Total--44

So, the amendment was tabled.

Reps. WILKINS, CLYBORNE and BEATTY proposed the following Amendment No. 151 (Doc Name L:\council\legis\amend\DKA\4408SD.93), which was tabled.

Amend the bill, as and if amended, in Section 1-30-10 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (I) to read:

/(I)     No department, division, agency, director, or deputy director of the State shall hire, retain, or contract with a lobbyist, as defined in Section 2-17-10, to perform lobbying services on behalf of the department, division, or agency if the lobbyist is not a full-time employee of the State./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS moved to table the amendment, which was agreed to.

Rep. TOWNSEND proposed the following Amendment No. 154 (Doc Name L:\council\legis\amend\BBM\10340RF.93), which was tabled.

Amend the bill, as and if amended, SECTION 21. Department of Transportation. There is hereby established the South Carolina Highway Commission as an advisory body under the Deputy Director of the Highway Division of the Department of Transportation. The commission is composed of sixteen members: one from each judicial circuit elected by the members of the General Assembly. Members elected from the judicial circuits must be a resident of the circuit from which he is elected. Of the members first elected, those from even numbered circuits serve for a term of two years, those from odd numbered circuits serve for a term of four years. Thereafter, the term of each commissioner is four years. Members serve until their successors are appointed and qualify. The members shall elect a chairperson every two years for a two year term.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. TOWNSEND moved to table the amendment, which was agreed to.

LEAVES OF ABSENCE

The SPEAKER granted Reps. CANTY, McMAHAND and ANDERSON a leave of absence to attend church functions for the remainder of the day.

SPEAKER PRO TEMPORE IN CHAIR

Rep. McLEOD proposed the following Amendment No. 201 (Doc Name L:\council\legis\amend\JIC\5512HC.93), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     There is established the Zero-Based Budget Review Committee consisting of one member of each standing committee of the House of Representatives appointed by the committee chairman. This committee shall review the zero-based budgets of the State Department of Education and the Department of Highways and Public Transportation./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McLEOD explained the amendment.

Rep. KIRSH moved to table the amendment.

Rep. McLEOD demanded the yeas and nays, which were taken resulting as follows:

Yeas 77; Nays 27

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Askins
Baker                  Boan                   Breeland
Brown, H.              Carnell                Cato
Chamblee               Clyborne               Cooper
Cromer                 Delleney               Felder
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harris, P.             Harrison               Harwell
Hodges                 Holt                   Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Kinon                  Kirsh
Klauber                Law                    Littlejohn
Marchbanks             Mattos                 McAbee
McCraw                 McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Rogers
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Snow                   Spearman               Stille
Stone                  Stuart                 Sturkie
Thomas                 Trotter                Vaughn
Waldrop                Walker                 Wells
Whipper                Wilkes                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--77

Those who voted in the negative are:

Alexander, T.C.        Anderson               Bailey, J.
Brown, G.              Brown, J.              Byrd
Cobb-Hunter            Davenport              Elliott
Fair                   Harrelson              Harvin
Haskins                Hines                  Houck
Keegan                 Kelley                 Keyserling
Lanford                McElveen               McLeod
McMahand               Neal                   Rudnick
Scott                  White                  Young, R.

Total--27

So, the amendment was tabled.

Rep. McLEOD proposed the following Amendment No. 202 (Doc Name L:\council\legis\amend\JIC\5510HC.93), which was tabled.

Amend the bill, as and if amended, by deleting provisions spreading the functions of the South Carolina Department of Highways and Public Transportation among the Department of Revenue, Department of Transportation, and Department of Law Enforcement.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Amend further, by adding an appropriately numbered section to read:

/SECTION ___.     Section 57-3-410 of the 1976 Code is amended to read:

"Section 57-3-410.     The Executive Director of the Department of Highways and Public Transportation shall must be appointed by the State Highway and Public Transportation Commission State Budget and Control Board to serve for a four-year term. A person appointed to this position shall be a citizen of practical and successful business and executive ability. His compensation shall be fixed by the Commission. The right to remove or discharge a person holding the position of Executive Director of the Department of Highways and Public Transportation shall be is reserved to the Commission State Budget and Control Board./

Amend further, by adding an appropriately numbered SECTION to read:

/SECTION ___.     Chapter 5, Title 23 of the 1976 Code is amended to read:

"CHAPTER 5
State South Carolina Highway Patrol

Section 23-5-10.     The law enforcement division of the State Highway Department shall be named and known as the 'South Carolina Highway Patrol' is a subdivision of the South Carolina Law Enforcement Division, is under its direct supervision and control, and shall consist consists of such patrolmen the troopers, officers, agents, and employees as the Department may deem division considers necessarily proper for the enforcement of the traffic and other related laws, the enforcement of which is devolved upon the Department division. Such officers and patrolmen shall be commissioned by the Governor upon the recommendation of the Chief Highway Commissioner. Such commissions may be terminated at the pleasure of the Chief Highway Commissioner.

Section 23-5-20.     Every officer and patrolman commissioned pursuant to this chapter shall file a bond, or be covered by a surety bond, in the amount of not less than two thousand dollars with the Department, subscribed by some duly licensed surety company, conditioned for the faithful performance of his duties, for the prompt and proper accounting of all funds coming into his hands and for the payment of any judgment recovered against him in any court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power and damages sustained by any member of the public from any unlawful act of such officer or patrolman; provided, that coverage under such bond shall not include damage to persons or property arising out of the negligent operation of a motor vehicle. Such bond may be individual, schedule or blanket and on a form approved by the Attorney General. The premiums on such bonds shall be paid by the Department out of the State highway fund.

Section 23-5-30 23-5-20.     The Department South Carolina Law Enforcement Division may provide such the officers and patrolmen troopers with distinctive uniforms and suitable arms and equipment for use in the performance of their duties. Such The officers and patrolmen troopers shall at all times, when in the performance of their duties, shall wear complete uniforms with badges conspicuously displayed on the outside of their uniforms.

Section 23-5-31.     The Director Chief of the South Carolina Law Enforcement Division of the South Carolina Department of Highways and Public Transportation (director), with the approval of the Executive Director of the Department of Highways and Public Transportation, shall prescribe a unique and distinctive official uniform, with appropriate insignia to be worn by all officers of the South Carolina Highway Patrol when on duty and at such other times as the director shall order, chief orders and a distinctive color or colors and appropriate emblems for all motor vehicles used by such the highway patrol except those designated by the director chief. No other law enforcement agency, private security agency, or any person shall may wear a similar uniform and insignia which may be confused with the uniform and insignia of the highway patrol nor shall any. An emblem must not be used on a motor vehicle nor shall it, and a motor vehicle must not be painted in a color or in any a manner which would cause the vehicle to be similar to a highway patrol vehicle or readily confused therewith with it.

Section 23-5-32.     The director chief shall file with the Secretary of State and Legislative Council for publication in the State Register a description and illustration of the official highway patrol uniform with insignia and the emblems of the official highway patrol uniforms and motor vehicles and a description of including the color of such uniforms and vehicles.

Section 23-5-33.     In order to carry out the provisions of Sections 23-5-31 to 23-5-34 in an orderly and economical manner, it is intended that all serviceable uniforms be continued in use until such time as the director deems chief considers it necessary for them to be replaced. These provisions shall also apply to the emblems for motor vehicles.

Section 23-5-34.     Any A violation of Sections 23-5-31 to 23-5-34 may be enjoined by the court of common pleas upon petition of the director Chief of the law enforcement division South Carolina Law Enforcement Division after due notice to the person violating the provisions of the Sections 23-5-31 to 23-5-34 sections and after a hearing on the petition.

Section 23-5-40.     The patrolmen troopers and officers of the South Carolina Highway Patrol shall patrol the highways of the State for the purpose of enforcing to enforce the laws of the State relative to highway traffic and motor vehicles. Such The officers and patrolmen shall troopers have the same power to serve criminal processes against offenders as sheriffs of the various counties and also the same power as such the sheriffs to arrest without warrants and to detain persons found violating or attempting to violate any the laws of the State relative to highway traffic and motor vehicles. Such The officers and patrolmen troopers shall also have the same power and authority held by deputy sheriffs for the enforcement of the criminal laws of the State.

Section 23-5-50.     When any a person is apprehended by a patrolman trooper upon a charge of violating any a traffic or other law, the enforcement of which by a patrolman trooper is authorized by law, the person so being charged, upon being served with the official summons issued by such the arresting patrolman trooper, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance or incarceration, may deposit with the apprehending patrolman trooper a sum of money as bail, not less than the minimum nor more than the maximum fine, but in no case to exceed not more than two hundred dollars, to be in due course turned over to the judicial officer as money for bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such the sum so deposited shall must be given to such the person by such the arresting officer. The summons duly served as herein provided shall give in this section gives the judicial officer jurisdiction to dispose of the matter. Upon receipt of the fixed sum of money the patrolman trooper may release the person so charged as above provided for his further appearance before the proper judicial officer as provided for and required by the summons.

Section 23-5-60.     The patrolmen shall troopers, upon request of any a sheriff, shall assist such sheriff him in the solution of any a crime and the apprehension of any a law violator."

SECTION     4.     (A)     Section 57-3-10 of the 1976 Code is amended to read:

"Section 57-3-10.     There is hereby established as an administrative agency of the state government the South Carolina Department of Highways and Public Transportation. Its functions and purposes shall be are the systematic planning, construction, maintenance, and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws, and other laws relating to such subjects, the coordination of all state and federal programs relating to public transportation among the departments, agencies, and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law, except that the department shall may not be charged with any duties or responsibilities delegated by law to the Public Service Commission."

(B)     Section 57-3-30 of the 1976 Code is amended to read:

"Section 57-3-30. A.     The department must be divided into such divisions as the Commission or the Executive Director of the Department of Highways and Public Transportation may prescribe prescribes but shall consist of at least four three principal divisions;, one of which shall be is the engineering division, another the motor vehicle division, another the law enforcement division, and another the public transportation division. The motor vehicle division and the law enforcement division may be combined under one director. Other ancillary or service divisions may be set up by the department as may be necessary for the efficient and economical operation of the department and to carry out the functions and purposes of the department. The department is also authorized to process all payments for goods and services for the Interagency Council on Public Transportation.

B.     The department is authorized to develop a general public transportation plan and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of public transportation systems, both public and private. All departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities shall cooperate with the department, provide assistance, data, and advice upon request."

(C)     Section 57-3-610 of the 1976 Code is amended to read:

"Section 57-3-610. The Department of Highways and Public Transportation may:

(1)     lay out, build, and maintain public highways and bridges;

(2)     acquire such lands and road-building materials and rights-of-way as may be needed for roads and bridges by purchase, gift, or condemnation;

(3)     cause the state highways to be marked with appropriate directions for travel and regulate the travel and traffic along such the highways, subject to the laws of the State;

(4)     initiate and conduct research programs and pilot projects to further research and development, and promote training of personnel in the fields of planning, construction, maintenance, and operation of the state highway system, the regulation of traffic thereon on them, the administration and enforcement of traffic, driver and motor vehicle laws, and public transportation;

(5)     cooperate with the federal government in the construction of federal-aid highways, in the development of improved public transportation service, facilities, equipment, techniques and methods, and in planning and research in connection therewith with it; and seek and receive such federal aid and assistance as may from time to time may become available except for funds designated by statute to be administered by the Chief Executive Officer of the State;

(6)     instruct, assist, and cooperate with the agencies, departments, and bodies politic and legally constituted agencies of the State in street, highway, traffic, and public transportation matters when requested to do so, and, if requested by such the government authorities, supervise or furnish engineering supervision for the construction and improvement of roads and bridges, provided such the duties do not impair the attention to be given the highways in the state highway system;

(7)     carry out highway and public transportation safety programs;

(8)     license and register motor vehicles and administer the collection of license and registration fees and penalties;

(9)     examine and license motor vehicle drivers;

(10)     engage in driver training and safety activities;

(11)     Enforce the traffic, motor vehicle and related laws;

(12)     promulgate such rules and regulations for the administration and enforcement of the powers delegated to department by law, which rules and regulations shall have the full force and effect of law upon filing according to law; and

(13)(12)     do all other things required or provided by law."

(D)     The 1976 Code is amended by adding:

"Section 57-3-615.     The Department of Highways and Public Transportation must service and maintain all motor vehicles operated by the South Carolina Law Enforcement Division and its subdivisions."/

Amend further, by adding an appropriately numbered SECTION to read:

/SECTION ___.     (A)     Notwithstanding any other provision of law, all revenues credited to the State Highway Fund pursuant to Title 56 of the 1976 Code as of June 30, 1993, must thereafter be credited to the general fund of the State, except that revenues derived from the provisions of Sections 56-1-390, 56-5-640, 56-3-660, and 53-3-670 of the 1976 Code must be credited to a separate fund and used, together with any funds so appropriated by the General Assembly, for the operation of the Highway Patrol.

(B)     All gasoline taxes and other motor fuels taxes collected and credited to the State Highway Fund as of June 30, 1993, except those imposed pursuant to Section 12-27-240 of the 1976 Code and Article 13, Chapter 27, Title 12 of the 1976 Code, must thereafter be credited to the general fund of the State and the taxes so credited are considered to be levied for the general operations of state government.

(C)     The Department of Highways and Public Transportation shall expend funds credited to the State Highway Fund before it may expend funds appropriated to it from the general fund of the State.

(D)     The Department of Highways and Public Transportation shall implement zero-based budgeting no later than the budget process for fiscal year 1995-96./

Renumber sections to conform.

Amend title to conform.

Rep. McLEOD explained the amendment.

Rep. BOAN spoke against the amendment and moved to table the amendment, which was agreed to.

Reps. McLEOD and G. BROWN proposed the following Amendment No. 203 (Doc Name L:\council\legis\amend\CYY\15303SD.93), which was tabled.

Amend the bill, as and if amended, by striking Section 2 which established the Administrative Law Judge Division and made other changes in the Administrative Procedures Act, and providing that the promulgation and review of regulations shall be as now provided by law with the board or commission of each agency or department being retained to perform its functions and duties as now provided by law.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McLEOD explained the amendment.

Rep. HODGES moved to table the amendment, which was agreed to.

Reps. McLEOD and G. BROWN proposed the following Amendment No. 204 (Doc Name L:\council\legis\amend\CYY\15304SD.93), which was tabled.

Amend the bill, as and if amended, by providing that the Public Education of the department of Department of Education is deleted from the bill and returned to the agency, department, or entity in which it was originally contained with this agency, department, or entity being made an independent agency, department, or entity, as applicable, of state government.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McLEOD moved to table the amendment, which was agreed to.

Reps. McLEOD and G. BROWN proposed the following Amendment No. 205 (Doc Name L:\council\legis\amend\CYY\15304SD.93), which was tabled.

Amend the bill, as and if amended, by providing that the Meat/Poultry Inspections of the department of Department of Agriculture is deleted from the bill and returned to the agency, department, or entity in which it was originally contained with this agency, department, or entity being made an independent agency, department, or entity, as applicable, of state government.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McLEOD moved to table the amendment, which was agreed to.

Reps. McLEOD and G. BROWN proposed the following Amendment No. 206 (Doc Name L:\council\legis\amend\CYY\15304SD.93), which was tabled.

Amend the bill, as and if amended, by providing that the Livestock/Poultry Health of the department of Department of Agriculture is deleted from the bill and returned to the agency, department, or entity in which it was originally contained with this agency, department, or entity being made an independent agency, department, or entity, as applicable, of state government.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McLEOD moved to table the amendment, which was agreed to.

Rep. McELVEEN moved that the House recede for five minutes, which was rejected.

AMENDMENT NO. 209--DEBATE ADJOURNED

Rep. McELVEEN proposed the following Amendment No. 209 (Doc Name L:\council\legis\amend\BBM\10346SD.93).

Amend the bill, as and if amended, by striking Section 1 and inserting:

/(A)     Notwithstanding any other provision of law, the Budget and Control Board shall consist of the Governor, Lieutenant Governor, and other constitutional officers of this State. The following agencies and departments of state government shall be supervised by and under the jurisdiction of the members of the Budget and Control Board as indicated:

Governor

State Development Board

Coordinating Council for Economic Development

Research Authority

Railways Commission
Department of Highways and Public Transportation - not including Highway Patrol and Division of Motor Vehicles

South Carolina Commission on Alcohol and Drug Abuse

Department of Health and Environmental Control

Department of Mental Health

Continuum of Care

Department of Mental Retardation

Commission for the Blind

Commission on Aging

Department of Social Services

Foster Care Review Board

Housing Authority

Budget and Control Board - Division of Motor Vehicle Management

Aeronautics Commission

State Ports Authority

Savannah Valley Authority

Jobs-Economic Development Authority

Governor's School for Science and Math

Lieutenant Governor

Department of Parks, Recreation and Tourism

Department of Archives

Arts Commission

Columbia Quincentennial Commission

Commission on Women

State Library

State Museum

Old Exchange Building Commission

South Carolina Public Service Authority

Attorney General

Department of Corrections

Department of Youth Services

Department of Probation, Pardons and Parole

State Law Enforcement Division

Highway Patrol

Alcohol Beverage Control - Law Enforcement

Law Enforcement Hall of Fame

Law Enforcement Training Council

Public Service Commission-Law Enforcement Department

Budget and Control Board - Fire Marshal

Sentencing Guidelines Commission

State Office of Victim's Assistance

Department of Consumer Affairs

Prosecution Coordination Commission

Office of Appellate Defense

Guardian Ad Litem

Comptroller General

Tax Commission

Alcohol Beverage Control Commission - Licensing Functions
Department of Highways and Public Transportation - Division of Motor Vehicles

Health and Human Services Finance Commission

State Treasurer

Department of Insurance

Patient's Compensation Fund

Workers' Compensation Commission - Administration

Second Injury Fund

Workers' Compensation Fund

Board of Financial Institutions

Adjutant General

Department of Veteran Affairs

Patriots Point Authority

Confederate Relic Room

Secretary of State

Public Service Commission - except law enforcement department

Employment Security Commission

Professional and Occupational Licensing Agencies

Department of Labor

Budget and Control Board - Fire Marshall

Superintendent of Education

Department of Education

Wil Lou Gray Opportunity School

Commission on Higher Education

Each State Institution of Higher Learning

State Board for Technical and Comprehensive Education

John De La Howe School

Educational Television Commission

School for Deaf and Blind

Commission of Agriculture

Department of Agriculture

Department of Wildlife and Marine Resources

Clemson PSA - Regulatory

Coastal Council

Land Resources Conservation Commission

B&C Board - Geological Mapping

Migratory Waterfowl Commission

Water Resources Commission

Sea Grant Consortium

Forestry Commission

(B)     Notwithstanding any other provisions of law, successors to members of the governing boards and commissions, if any, of the agencies and departments referred to in subsection (A), at the conclusion of their current term shall be appointed by the Governor upon the advice and consent of the General Assembly to serve at his pleasure./

Amend the bill further, as and if amended, by striking Section 2 which established the Administrative Law Judge Division and made other changes in the Administrative Procedures Act, and providing that the promulgation and review of regulations shall be as now provided by law with the board or commission of each agency or department being retained to perform its functions and duties as now provided by law.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions, with terms to take effect six months after the Governor signs.

Amend the bill, as and if amended, in Section 9, relating to the Department of Environmental Regulation by providing that the Department of Environmental Regulation shall be an independent entity of state government with its director appointed by the Governor with the advice and consent of the General Assembly for a term of four years and until his successor is appointed and qualifies.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Effective date six months after Governor signs.

Amend the bill, as and if amended, by adding the following new section to be appropriately numbered, which shall read:

/SECTION ___.     (A)     The 1976 Code is amended by adding:

"Section 11-11-15.     The functions of the State Budget and Control Board in the preparation and submission to the General Assembly of the recommended state budget are devolved upon the Governor. Wherever the phrase 'State Budget and Control Board' appears in the context of preparing and submitting budget recommendations to the General Assembly, it means the Governor. In preparing the recommended state budget, the Governor shall consult with the State Treasurer and the Comptroller General. The Budget Division of the State Budget and Control Board shall assist the Governor in preparing the budget recommendations, but this function of the Budget Division may not be construed as altering the overall management and administration of the Budget Division as an Entity of the State Budget and Control Board.

(B)     The provisions of this section first apply for the budget recommendation for fiscal year 1995-96.The Governor in submitting his executive budget for the fiscal year 1995-96 shall reflect at least a four percent reduction in total state expenditures as compared to the year 1993-94 through savings realized through consolidation of functions, avoidance of duplications, efficiency, and economics of scale, and a reduction in the size of state government./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Amend the bill, as and if amended, by adding the following new SECTIONS to be appropriately numbered, which shall read:

/SECTION     ___.     The 1976 Code is amended by adding:

"Section 11-11-140.     (A)     After the Capital Reserve Fund has been exhausted for the purpose of offsetting midyear budget reductions, the State Budget and Control Board may reduce appropriations as provided in this section for the purpose of avoiding a year-end deficit. Every annual general appropriations act must contain a provision establishing a priority for expenditure reductions which the board must follow in ordering midyear reductions. Total appropriations must be identified and segregated in categories A, B, and C with A representing the highest and most protected category and C representing the lowest priority. Appropriations in each category, beginning with category C, must be reduced on a pro rata basis until appropriations are equal to or less than revenues. Reductions may not be ordered in a higher priority category until all appropriations in lower priority categories have been eliminated.

(B)     Notwithstanding the provisions of this section, general fund appropriations for debt service are exempt from board-ordered reductions.

Section 11-11-150.     Except where otherwise provided by law for a specific state agency, state agencies may carry forward to the succeeding fiscal year eighty percent of unexpended appropriations. These carryforward funds may be used for any purposes for which other funds are appropriated for the use of the agency.

Section 11-11-160.     State agencies may consolidate existing full-time equivalent positions (FTE's) authorized for the agency and redistribute the applicable salary funds in the manner the agency head determines the most efficient use of such funds, including salary increases. If a salary increase for a classified employee exceeds the salary range authorized for the classification, the position must be reclassified to reflect the higher salary."

SECTION ___.     The provisions of Sections 11-11-140, 11-11-150, and 11-11-160 of the 1976 Code, as added by this act, take effect July 1, 1994./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McELVEEN explained the amendment.

Rep. HODGES moved to adjourn debate upon the amendment, which was adopted.

Rep. McELVEEN proposed the following Amendment No. 210 (Doc Name L:\council\legis\amend\CYY\15293SD.93), which was tabled.

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/Section ____.     The Budget and Control Board in conjunction with each department head shall develop and implement by January 10, 1995, a plan to prevent health care costs in this State from increasing by more than the rate of inflation by the year 2000. The Budget and Control Board shall submit an interim report to the General Assembly on the first day of the 1994 session, and the final implementation must be as above provided./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McELVEEN explained the amendment.

POINT OF ORDER

Rep. HODGES raised the Point of Order that Amendment No. 210 was out of order as it was not germane in that the main thrust of the Bill was restructuring and the main thrust of the amendment was health care cost.

Rep. McELVEEN argued contra the Point in stating that the amendment was germane, citing page 20, line 42 of the Bill, Section 1-30-10, Subsection H, which stated that the Department Directors and Constitutional Officers must give reports on how to save money. He further stated that the amendment was just another way to save money and it dealt with the duties of Department heads that are being created under this Bill.

SPEAKER Pro Tempore WILKINS stated that it was germane and he overruled the Point of Order.

Rep. FAIR moved to table the amendment.

Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:

Yeas 72; Nays 35

Those who voted in the affirmative are:
Alexander, M.O.     Alexander, T.C.     Allison
Bailey, J.     Baker     Barber
Boan     Brown, H.     Carnell
Cato     Clyborne     Cooper
Corning     Cromer     Elliott
Fair     Farr     Felder
Fulmer     Gamble     Gonzales
Graham     Hallman     Harrell
Harris, J.     Harris, P.     Harrison
Haskins     Hodges     Hutson
Jaskwhich     Jennings     Keegan
Kelley     Kinon     Kirsh
Klauber     Koon     Lanford
Law     Littlejohn     Marchbanks
Martin     Mattos     McAbee
McKay     Meacham     Phillips
Richardson     Riser     Robinson
Rogers     Sharpe     Sheheen
Shissias     Smith, D.     Smith, R.
Sturkie     Thomas     Townsend
Trotter     Vaughn     Waldrop
Walker     Wells     Wilder, J.
Wilkins     Witherspoon     Wofford
Worley     Wright     Young, A.

Total--72

Those who voted in the negative are:
Breeland     Brown, G.     Brown, J.
Chamblee     Cobb-Hunter     Davenport
Delleney     Govan     Harrelson
Harvin     Harwell     Hines
Houck     Huff     Inabinett
Kennedy     Keyserling     McElveen
McLeod     McTeer     Moody-Lawrence
Neal     Neilson     Rudnick
Scott     Snow     Spearman
Stille     Stone     Stuart
Whipper     White     Wilder, D.
Wilkes     Williams

Total--35

So, the amendment was tabled.

Rep. McELVEEN proposed the following Amendment No. 211 (Doc Name L:\council\legis\amend\CYY\15290SD.93), which was adopted.

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/Section ____.     The Governor, department heads, and constitutional officers shall develop a unitary permit process by January 1, 1994, which affected state agencies and departments shall use beginning on this date./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McELVEEN explained the amendment.

The question then recurred to the adoption of the amendment.

Rep. McELVEEN demanded the yeas and nays, which were not ordered.

The amendment was then adopted by a division vote of 58 to 19.

Rep. McELVEEN proposed the following Amendment No. 212 (Doc Name L:\council\legis\amend\CYY\15291SD.93), which was tabled.

Amend the bill, as and if amended, in Section 9, relating to the Department of Environmental Regulation by providing that the Department of Environmental Regulation shall be an independent entity of state government with its director appointed by the Governor with the advice and consent of the General Assembly for a term of four years and until his successor is appointed and qualifies.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McELVEEN explained the amendment.

Rep. HODGES moved to table the amendment, which was agreed to.

Rep. McELVEEN proposed the following Amendment No. 213 (Doc Name L:\council\legis\amend\CYY\15294SD.93), which was rejected.

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/Section ____.     The Governor, the department heads, and constitutional officers shall reduce the size and cost of state government sufficiently to eliminate the sales tax on food and the remaining sales taxes on prescription drugs by the year 2000. A plan to accomplish the above developed by these officials and coordinated by the Governor shall be presented to the General Assembly not later than January 31, 1994./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McELVEEN explained the amendment.

POINT OF ORDER

Rep. HUFF raised the Point of Order that Amendment No. 213 was out of order as it was not germane as the substantial impact was to eliminate sales tax.

Rep. McELVEEN argued contra the Point, citing page 20, line 42 of the Bill, Section 1-30-10. He further stated that this was just another way to save money and considering the ruling on the health care cost amendment, then this amendment would be germane.

Rep. CLYBORNE stated that the practical effect would be the reduction of sales tax.

Rep. HASKINS stated that it was germane and that the effect was not in question, but only to reduce the size of state government.

Rep. GONZALES argued that it was germane in stating that the Bill directed a number of reports and plans and this was just another one.

SPEAKER Pro Tempore WILKINS stated that it pertained to the requirement of another report but only different subject matter and that it was germane and he overruled the Point of Order.

Rep. BOAN moved to table the amendment.

Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:

Yeas 21; Nays 88

Those who voted in the affirmative are:
Alexander, T.C.     Boan     Brown, H.
Clyborne     Felder     Harris, J.
Hodges     Huff     Jaskwhich
Kirsh     Klauber     Koon
Martin     Mattos     Sharpe
Sheheen     Waldrop     Wilder, J.
Wilkins     Witherspoon     Wofford

Total--21

Those who voted in the negative are:
Alexander, M.O.     Allison     Askins
Bailey, J.     Baker     Barber
Beatty     Breeland     Brown, G.
Brown, J.     Byrd     Carnell
Cato     Chamblee     Cooper
Corning     Cromer     Davenport
Delleney     Elliott     Fair
Farr     Fulmer     Gamble
Gonzales     Govan     Graham
Hallman     Harrell     Harrelson
Harris, P.     Haskins     Hines
Holt     Houck     Hutson
Inabinett     Jennings     Keegan
Kelley     Kennedy     Keyserling
Kinon     Lanford     Law
Littlejohn     Marchbanks     McAbee
McCraw     McElveen     McKay
McLeod     McTeer     Meacham
Moody-Lawrence     Neal     Neilson
Phillips     Quinn     Richardson
Riser     Robinson     Rudnick
Scott     Shissias     Simrill
Smith, D.     Smith, R.     Snow
Spearman     Stille     Stone
Stuart     Sturkie     Townsend
Trotter     Vaughn     Waites
Walker     Wells     Whipper
White     Wilder, D.     Wilkes
Williams     Wright     Young, A.
Young, R.

Total--88

So, the House refused to table the amendment.

Reps. HUFF and BOAN spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:

Yeas 53; Nays 62

Those who voted in the affirmative are:
Baker     Beatty     Breeland
Brown, G.     Brown, J.     Byrd
Cato     Chamblee     Cooper
Davenport     Delleney     Elliott
Fair     Govan     Harrell
Harrelson     Harvin     Haskins
Hines     Houck     Hutson
Inabinett     Keegan     Kelley
Kennedy     Keyserling     Littlejohn
McElveen     McLeod     McTeer
Meacham     Moody-Lawrence     Neal
Quinn     Richardson     Rudnick
Scott     Simrill     Snow
Spearman     Stille     Stone
Townsend     Vaughn     Waites
Walker     Whipper     White
Wilder, D.     Wilkes     Williams
Worley     Young, A.

Total--53

Those who voted in the negative are:
Alexander, M.O.     Alexander, T.C.     Allison
Askins     Bailey, J.     Boan
Brown, H.     Carnell     Clyborne
Corning     Cromer     Farr
Felder     Fulmer     Gamble
Gonzales     Graham     Hallman
Harris, J.     Harris, P.     Harrison
Harwell     Hodges     Holt
Huff     Jaskwhich     Jennings
Kinon     Kirsh     Klauber
Koon     Lanford     Law
Marchbanks     Martin     Mattos
McAbee     McCraw     McKay
Neilson     Phillips     Rhoad
Riser     Robinson     Rogers
Sharpe     Sheheen     Shissias
Smith, D.     Smith, R.     Stuart
Sturkie     Thomas     Trotter
Waldrop     Wells     Wilder, J.
Wilkins     Witherspoon     Wofford
Wright     Young, R.

Total--62

So, the amendment was rejected.

AMENDMENT NO. 211--MOTION TO RECONSIDER TABLED

Rep. STURKIE moved to reconsider the vote whereby Amendment No. 211 was adopted.

Rep. HARRELSON moved to table the motion to reconsider.

Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:

Yeas 60; Nays 51

Those who voted in the affirmative are:
Alexander, M.O.     Askins     Baker
Barber     Breeland     Brown, G.
Brown, J.     Byrd     Carnell
Cato     Chamblee     Cobb-Hunter
Cooper     Cromer     Delleney
Elliott     Felder     Govan
Harrell     Harrelson     Harris, P.
Harvin     Haskins     Hines
Hodges     Holt     Houck
Inabinett     Jaskwhich     Kelley
Kennedy     Keyserling     Kinon
Kirsh     Lanford     Mattos
McAbee     McElveen     McLeod
McTeer     Moody-Lawrence     Neal
Neilson     Richardson     Rudnick
Scott     Snow     Spearman
Stille     Stone     Stuart
Townsend     Vaughn     Waites
Waldrop     Whipper     White
Wilder, D.     Wilder, J.     Williams

Total--60

Those who voted in the negative are:
Alexander, T.C.     Allison     Bailey, J.
Beatty     Brown, H.     Clyborne
Corning     Davenport     Fair
Farr     Fulmer     Gamble
Gonzales     Graham     Hallman
Harris, J.     Huff     Hutson
Keegan     Klauber     Koon
Law     Littlejohn     Marchbanks
McCraw     Meacham     Phillips
Quinn     Rhoad     Riser
Robinson     Rogers     Sharpe
Sheheen     Shissias     Simrill
Smith, D.     Smith, R.     Sturkie
Thomas     Trotter     Walker
Wells     Wilkes     Wilkins
Witherspoon     Wofford     Worley
Wright     Young, A.     Young, R.

Total--51

So, the motion to reconsider was tabled.

AMENDMENT NO. 24--DEBATE ADJOURNED ON THE
MOTION TO RECONSIDER

Rep. ASKINS moved to reconsider the vote whereby Amendment No. 24 was tabled.

Rep. FELDER moved to adjourn debate upon the motion to reconsider, which was adopted.

SPEAKER IN CHAIR

Rep. McELVEEN proposed the following Amendment No. 214 (Doc Name L:\council\legis\amend\CYY\15292SD.93), which was ruled out of order.

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/Section ____.     The Governor, and applicable department heads and constitutional officers shall develop a plan which shall be presented to the General Assembly not later than September 1, 1995, to bring the tuition at the public institutions of higher learning in this State below the southeastern average of comparable institutions by the year 2000. An interim report regarding this plan must be made to the General Assembly on January 31, 1994./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McELVEEN explained the amendment.

POINT OF ORDER

Rep. HODGES raised the Point of Order that Amendment No. 214 was out of order as it was not germane in that the main thrust of the Bill dealt with restructuring and the amendment dealt with higher education and the question of monetary savings generated by the Bill.

Rep. McELVEEN argued contra the Point in stating that under the rulings by the Speaker Pro Tempore previously, that this amendment would be germane.

The SPEAKER stated that the previous rulings on amendments by the Speaker Pro Tempore dealt with savings and the size of state government and that this amendment did not do that and that this amendment dealt with tuition that was charged to individuals who take advantage of institutions of higher learning. He further stated that there was nothing in the Bill that dealt with institutions of higher education and he sustained the Point of Order and ruled the amendment out of order.

Reps. ROGERS, WHIPPER, JENNINGS and WHITE proposed the following Amendment No. 215 (Doc Name L:\council\legis\amend\17121AC.93), which was adopted.

Amend the bill, as and if amended, by merging the Division of Juvenile Programs in the Department of Rehabilitation and Corrections, as contained in Section 19, with the Division of Youth Services in the Department of Rehabilitation and Corrections and to name this division the Division of Juvenile Justice in the Department of Rehabilitation and Corrections.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Rep. CARNELL proposed the following Amendment No. 216 (Doc Name L:\council\legis\amend\BBM\10344SD.93), which was tabled.

Amend the bill, as and if amended, in Section 2-19-10 of the 1976 Code as contained in Section 3, page 65, by adding the following new paragraph at the end of the section to read:

/Where the office to be filled is a member of the Public Service Commission, the joint committee to review candidates for such office shall consist of three additional members, one of whom shall be a member of the House of Representatives, one of whom shall be a member of the Senate, and one of whom shall be appointed by the Governor. The additional members from the House and Senate shall be selected in the same manner that other House and Senate members of the committee are selected./

Amend the bill further, as and if amended, by adding a new subsection to SECTION 3 to be appropriately numbered to read:

/( )(1)     Section 58-3-20 of the 1976 Code is amended to read:

"Section     58-3-20.     The Public Service Commission shall be is composed of seven members to be elected by the General Assembly upon nomination of the South Carolina Public Service Merit Selection Panel , one from each congressional district, in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.

Each of the seven districts that were defined as congressional districts on January 1, 1930, is hereby established and declared to be a Public Service Commission district until July 1, 1982, and a Public Service Commissioner shall be elected from each of such districts; provided, however, that on July 1, 1982, the Public Service Commission shall be composed of seven members to be elected by the General Assembly upon nomination of the Public Service Merit Selection Panel from the then existing congressional districts. If the number of congressional districts is less than seven, additional members shall must be elected at large to provide for a seven member commission. The General Assembly in its 1982 session shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980.

To effect an orderly transition to the nomination of members of the commission by the merit selection panel and reconstitute the commission in accordance with this section, the following transition procedures shall apply to this section:

(1) Members of the commission whose terms expire June 30, 1979, shall continue to serve as commissioners until their successors are elected and qualify in 1980 pursuant to the provisions of this chapter for terms extending until the General Assembly provides for election based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980.

(2) Members of the commission whose terms expire June 30, 1982, shall continue to serve until the expiration of their terms on that date.

(3) The initial selection of nominees by the merit selection panel and their subsequent consideration by the General Assembly under this chapter shall take place during the 1980 session of the General Assembly.

(4) Notwithstanding any other provision of this Sections 58-3-20, 58-3-25, 58-3-40, 58-3-142 and 58-3-145, of those members of the commission initially elected in 1982, four members shall serve for a term of four years and three members shall serve for a term of three years as determined by lot. The commission shall notify the Secretary of State of the terms."

(2)     Section 58-3-24 of the 1976 Code is amended to read:

"Section 58-3-24. No member of the South Carolina Public Service Merit Selection Panel and no member of his immediate family to include his spouse, children, brothers, sisters, parents, father-in-law, mother-in-law, brothers-in-law, sisters-in-law, nieces and nephews shall be elected to the Public Service Commission while such person is serving on the Merit Selection Panel nor shall such person or members of his family as stipulated above be elected to the Public Service Commission for a period of four years after such person ceases to be a member of the Merit Selection Panel. Additionally, after After January 1, 1981, no member of the General Assembly shall may be elected to the Public Service Commission while such that person is serving in the General Assembly nor shall such that person be elected to the Public Service Commission for a period of four years after he ceases to be a member of the General Assembly."

(3)     Sections 58-3-21, 58-3-22, 58-3-23 and 58-3-25 of the 1976 Code are repealed./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. CARNELL explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CHAMBLEE a leave of absence for the remainder of the day.

Rep. CARNELL moved to table the amendment, which was agreed to.

Rep. HARRELSON proposed the following Amendment No. 217 (Doc Name L:\council\legis\amend\WWW\30025DW.93), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION .     The members of the House of Representatives are congratulated as being the first parliamentary body in the western world to pass a twenty-five hundred page bill which no one has read or understands completely restructuring state government in a manner which limits accessibility and accountability to the general public.

Renumber sections to conform.

Amend title to conform.

Rep. HARRELSON explained the amendment.

POINT OF ORDER

Rep. HARRELSON raised the Point of Order that Amendment No. 217 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. SCOTT proposed the following Amendment No. 218 (Doc Name L:\council\legis\amend\DKA\4402BD.93), which was tabled.

Amend the bill, as and if amended, by establishing the South Carolina State Housing Finance and Development Authority as a division of the Department of Commerce.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. CLYBORNE moved to table the amendment.

Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:

Yeas 61; Nays 34

Those who voted in the affirmative are:
Alexander, M.O.     Allison     Askins
Bailey, J.     Baker     Barber
Boan     Brown, H.     Cato
Clyborne     Cooper     Corning
Fair     Gamble     Gonzales
Hallman     Harrell     Harris, J.
Harris, P.     Harrison     Haskins
Hodges     Holt     Houck
Huff     Hutson     Jaskwhich
Kelley     Kirsh     Klauber
Koon     Littlejohn     Marchbanks
Martin     Mattos     McCraw
McKay     Meacham     Neilson
Quinn     Riser     Robinson
Sheheen     Shissias     Smith, R.
Stone     Stuart     Sturkie
Thomas     Vaughn     Waldrop
Walker     Wells     Wilder, D.
Wilkins     Witherspoon     Wofford
Worley     Wright     Young, A.
Young, R.

Total--61

Those who voted in the negative are:
Alexander, T.C.     Beatty     Breeland
Brown, G.     Brown, J.     Byrd
Cobb-Hunter     Delleney     Felder
Govan     Graham     Harrelson
Harwell     Hines     Inabinett
Kennedy     Keyserling     Law
McLeod     Moody-Lawrence     Neal
Rhoad     Rogers     Rudnick
Scott     Snow     Spearman
Stille     Townsend     Trotter
Whipper     White     Wilkes
Williams

Total--34

So, the amendment was tabled.

AMENDMENT NO. 102--RECONSIDERED AND TABLED

Rep. MATTOS moved to reconsider the vote whereby Amendment No. 102 was adopted, which was agreed to.

Rep. MATTOS moved to table the amendment, which was agreed to.

Rep. WAITES proposed the following Amendment No. 219 (Doc Name L:\council\legis\amend\BBM\10345BD.93), which was adopted.

Amend the bill, as and if amended, SECTION 1, DEPARTMENTS OF STATE GOVERNMENT, Section 1-30-10(G), page 20, line 33, by deleting /and Natural Resources/ and Section 1-30-15, page 21, beginning on line 14, by deleting /and Natural Resources/.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. WAITES explained the amendment.

The amendment was then adopted.

Rep. WAITES proposed the following Amendment No. 220 (Doc Name L:\council\legis\amend\DKA\4404BD.93), which was tabled.

Amend the bill, as and if amended, by providing for the Department of Youth Services to be an unaffected and independent state agency.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. WAITES moved to table the amendment, which was agreed to.

Rep. KEYSERLING proposed the following Amendment No. 221 (Doc Name L:\council\legis\amend\436\11089AC), which was adopted.

Amend the bill, as and if amended, SECTION 1, Departments of State Government, by adding at the end of Section 1-30-10 on page 21, line 13:

/(I)     Department directors and constitutional officers must submit to the General Assembly by the first day of the 1994 legislative session and every five years thereafter a mission statement that must be approved by the General Assembly by joint resolution./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. KEYSERLING explained the amendment.

Rep. MARCHBANKS moved to table the amendment, which was not agreed to.

The amendment was then adopted by a division vote of 51 to 39.

Rep. McABEE proposed the following Amendment No. 223 (Doc Name L:\council\legis\amend\N05\8956BD.93), which was adopted.

Amend the bill, as and if amended, SECTION 4, DEPARTMENT OF AGRICULTURE, by deleting subsections (B) Division of Regulatory and Public Service Programs, (C) Division of Meat and Poultry Inspection, and (D) Division of Livestock and Poultry Health.

Amend further, SECTION 4, DEPARTMENT OF AGRICULTURE, by adding:

/Current Clemson PSA programs including, but not limited to, regulatory and public service programs, meat and poultry inspection programs, and livestock and poultry health programs remain under the jurisdiction of Clemson University./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McABEE explained the amendment.

Rep. HODGES spoke against the amendment.

The amendment was then adopted.

Rep. McABEE proposed the following Amendment No. 224 (Doc Name L:\council\legis\amend\N05\8957BD.93), which was tabled.

Amend the bill, as and if amended, SECTION 1, DEPARTMENTS OF STATE GOVERNMENT, Section 1-30-10(E), by striking the second sentence which reads: /Deputy directors serve at the will and pleasure of the director./ and inserting:

/State employees affected by the restructuring of state agencies retain current employment rights. Employees transferred or reassigned as a result of restructuring who attained permanent status as provided in the State Employee Grievance Procedure Act of 1982, as amended, retain related rights. Employees in positions not covered by the State Employee Grievance Procedure Act of 1982, as amended, who occupy positions subject to the act after restructuring and who have more than six months service as a state employee have grievance rights under the act. The Division of Human Resource management of the Budget and Control Board shall develop a plan for a Senior Professional Service for upper management level employees of state agencies. The plan must be submitted to the Governor and the General Assembly by January 15, 1994. The plan must address compensation, benefits, retention, mobility, and other factors necessary to establish a professional service geared to maximizing the mission of state agencies. Until a plan is adopted, state employees affected by the restructuring of state agencies retain all current employment rights./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McABEE moved to table the amendment, which was agreed to.

Rep. McABEE proposed the following Amendment No. 225 (Doc Name L:\council\legis\amend\N05\8978BD.93), which was tabled.

Amend the bill, as and if amended, SECTION 4, DEPARTMENT OF AGRICULTURE, (A)(3), beginning on page 66 and line 39, by striking Section 46-3-80 and inserting:

(3)     Section 46-3-80 of the 1976 Code is amended by adding:

"(4)     Create at least four divisions as follows:

(a)     Division of Agriculture;

(b)     Division of Regulatory and Public Service Programs;

(c)     Division of Livestock-Poultry Health.

(5)     Designate a deputy director to manage each division created in item (4)."/

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McABEE moved to table the amendment, which was agreed to.

Rep. McABEE proposed the following Amendment No. 226 (Doc Name L:\council\legis\amend\N05\8972BD.93), which was tabled.

Amend the bill, as and if amended, SECTION 1, DEPARTMENTS OF STATE GOVERNMENT, by striking Section 1-30-15 and inserting:

/Section 1-30-15. Department of Agriculture.

The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities_as well as the employees, funds, property, and all contractual rights and obligations associated with the agency, except for those subdivisions specifically included under another department, are transferred to and incorporated in and must be administered as part of the Department of Agriculture and initially be divided into divisions for Agriculture, Regulatory and Public Services Programs, and Livestock-Poultry Health:

(1)     Department of Agriculture, formerly provided for at Section 46-39-10, et seq.;

(2)     Clemson University Public Service Activities, formerly provided for at Section 46-9-10, et seq. and Article 9, Chapter 21 of Title 46;

(3)     Office of the State Veterinarian, the Livestock-Poultry Health Services, and Meat and Poultry Inspection programs, formerly provided for at Section 47-13-1315, et seq., 47-17-10, et seq., and 47-19-10, et seq./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McABEE moved to table the amendment, which was agreed to.

Rep. McABEE proposed the following Amendment No. 227 (Doc Name L:\council\legis\amend\N05\8975BD.93), which was tabled.

Amend the bill, as and if amended, SECTION 4, DEPARTMENT OF AGRICULTURE, (B)(5)(c), page 87, line 12, Section 46-26-30, by striking /, the director a person/ and inserting /the director Division of Regulatory and Public Service Programs/.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McABEE moved to table the amendment, which was agreed to.

Rep. McABEE proposed the following Amendment No. 228 (Doc Name L:\council\legis\amend\N05\8973BD.93), which was tabled.

Amend the bill, as and if amended, SECTION 4, DEPARTMENT OF AGRICULTURE, by adding an appropriately lettered subsection to read:

/__.     References in this section to "Division of Meat and Poultry Inspection" and "Meat and Poultry Inspection" must be changed to "Livestock-Poultry Health Division."/

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McABEE moved to table the amendment, which was agreed to.

Rep. McABEE proposed the following Amendment No. 229 (Doc Name L:\council\legis\amend\N05\8977BD.93), which was tabled.

Amend the bill, as and if amended, SECTION 4, DEPARTMENT OF AGRICULTURE, (B),(3),(a), page 78, line 44, Section 46-13-10, and (B)(5)(a), page 85, line 12, by striking /Agriculture/ and inserting /Regulatory and Public Service Programs/.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McABEE moved to table the amendment, which was agreed to.

Rep. McABEE proposed the following Amendment No. 230 (Doc Name L:\council\legis\amend\N05\8974BD.93), which was tabled.

Amend the bill, as and if amended, SECTION 4, DEPARTMENT OF AGRICULTURE, (D)(12), page 118, beginning on line 13, by striking Section 47-13-20 and inserting:

/Section 47-13-20. The veterinarian of Clemson University shall be Deputy Director of the Division of Livestock-Poultry Health is the State Veterinarian. and He and his assistants may visit any section of this State where any in the performance of their duties which include, but are not limited to, the investigation of reported or suspected contagious disease among animals, including poultry and domesticated fowls of every kind, is believed to exist and shall determine, under the rules and regulations of the board of trustees of the University all kinds and whether such affected the animals are worthy of remedial treatment or should must be destroyed./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McABEE moved to table the amendment, which was agreed to.

AMENDMENT NO. 231--DEBATE ADJOURNED

Reps. CROMER, McELVEEN and WHITE proposed the following Amendment No. 231.

By deleting Section 27 and inserting:

/Section     27.     This act takes effect July 15, 1994./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. CROMER explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WHITE moved to adjourn debate upon the amendment, which was adopted.

Reps. HODGES, BOAN, SHEHEEN, WILKINS, CLYBORNE, ROGERS and JENNINGS proposed the following Amendment No. 232 (Doc Name L:\council\legis\amend\JIC\5528SD.93), which was adopted.

Amend the bill, as and if amended, in Section 1-23-110 of the 1976 Code, as contained in Section 2 of page 41, by striking subitem (1), subsection (A) of the section and inserting:

/(1)     give notice of a drafting period by publication of a notice in the State Register. The notice must include:

(a)     the address to which interested persons may submit written comments during the initial drafting period before the regulations are submitted as proposed;

(b)     a synopsis of what the agency plans to draft;

(c)     the agency's statutory authority for promulgating the regulation;/.

Amend further, in Section 1-23-500 of the 1976 Code, as contained in Section 2, by striking /seven/ on line 17 of page 33 and inserting /twelve/.

Amend the bill further, as and if amended, by striking subsection (A) of Section 1-23-510 of the 1976 Code, as contained on page 33 and inserting:

/Section 1-23-510. (A)     The judges of the division must be appointed by the Governor, with advice and consent of the General Assembly after undergoing screening by the joint legislative committee pursuant to the provisions of Section 2-19-10, et seq., for a term of six years and until their successors are appointed and qualify; provided, that of those judges initially appointed, the chief judge (Seat 1) and the judges appointed to Seats 2, 3, and 4 must be appointed for terms of six years, the judges appointed to Seats 5, 6, 7, 8, and 9 must be appointed for terms of four years, and the judges appointed to Seats 10, 11, 12, and 13 must be appointed for terms of two years. The Governor may announce an appointment and the General Assembly may perform the advice and consent and screening process prior to the commencement of the term of the seat for which the appointment is made. The terms of office of the judges of the division begin on July first of the year of appointment./

Amend further, SECTION 2, Administrative Law Judge Division, by striking subsection (B) of Section 1-23-600 and inserting:

/(B)     An administrative law judge of the division also shall preside over all hearings of appeals from final decisions of state boards or commissions pursuant to Section 1-23-380, including but not limited to the Procurement Review Board, Human Affairs Commission, and Coastal Council Appellate Board, but specifically not including the Employment Security Commission and the Public Service Commission./

Amend further, by striking subsection (B) of Section 1-23-610 of the 1976 Code, as contained in Section 2, and inserting:

/(B)     For judicial review of any final decision of an administrative law judge except for decisions in workers' compensation cases, a petition by an aggrieved party must be filed with the Supreme Court and served on the opposing party not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right./

Amend the bill further, as and if amended, by striking /If a writ of certiorari is granted, the/ and inserting /The/ as contained on line 1 of subsection (C) of Section 1-23-610.

Amend further, in Section 1-23-650 of the 1976 Code, as contained in Section 2, by adding a new sentence at the end of the section to read:

/All regulations promulgated by the Division must be promulgated pursuant to the provisions of this chapter./

Amend further, by adding a new paragraph at the end of Section 1-23-660 of the 1976 Code, as contained in SECTION 2, to read:

/Where a contested case pending before a board or commission on June 30, 1993, is continued under the jurisdiction of that board or commission as provided in this section and where that board or commission is abolished on July 1, 1993, as provided by this act, that board or commission notwithstanding such provision abolishing it shall nevertheless continue in existence for the sole purpose of conducting and bringing to final disposition all of such cases. Where any member of that board or commission has assumed another office after July 1, 1993, he shall be considered an ex officio member of his former board or commission for the purposes of this paragraph. Any member of a board or commission abolished on July 1, 1993, who continues to serve in the manner and for the purposes provided by this paragraph is entitled to receive only that mileage, per diem, and subsistence paid to members of state boards, commissions, and committees./

Amend further, by striking Section 42-3-90 as contained in SECTION 2 and inserting:

/Section 42-3-90.     There shall be established within the administrative department the following divisions, each headed by a division director recommended by the Administrative Director with the concurrence of the chairman and subject to the approval of the Commission.

(1) The Division of Coverage and Compliance,

(2) The Division of Claims and Statistics,

(3) The Division of Medical Services.

Each division shall perform such functions and duties as may be assigned to it by the director of the administrative department subject to the provisions of S 42-3-25.

Before a claim can be referred by the Workers' Compensation Division to the Administrative Law Judge Division for adjudication as a contested case the parties involved must appear at an informal conference before an informal hearing officer unless the right to have an informal conference is waived by either party. The informal hearing officer has the authority to approve settlements at any time prior to the hearing of the contested case before an administrative law judge and shall notify the Administrative Law Judge Division of the settlement of any pending cases. The informal hearing officer shall not have the power to adjudicate contested cases./

Amend further by striking Section 42-17-20 as contained in SECTION 13 and inserting:

/Section 42-17-20. If the employer and the injured employee or his dependents fail to reach an agreement in regard to compensation under this Title within fourteen days after the employer has knowledge of the injury or after a death or if they have reached such an agreement which has been signed and filed with the Commission Division and compensation has been paid or is due in accordance therewith and the parties thereto then disagree as to the continuance of any weekly payment under such agreement, either party may make application to the Commission Administrative Law Judges Division for a hearing in regard to the matters at issue and for a ruling thereon. Immediately after such application has been received the Commission Administrative Law Judges Division shall set a date for a hearing, which shall be held as soon as practicable within sixty days unless by agreement of the parties and order of the administrative law judge a later date is set, and shall notify the parties at issue of the time and place of such hearing. The hearing shall be held in the city or county in which the injury occurred, unless otherwise agreed to by the parties and authorized by the Commission. The hearing shall be held at a regional site not to be more than fifty miles from the residence of the claimant unless agreed to by the parties and authorized by an administrative law judge./

Amend further by striking Section 42-17-40(A) as contained in SECTION 13 and inserting:

/(A) The commission or any of its members Administrative Law Judges Division shall hear the parties at issue and their representatives and witnesses and shall determine the dispute in a summary manner. The award, together with a statement of the findings of fact, rulings of law and other matters pertinent to the questions at issue, shall be filed with the record of the proceedings and a copy of the award shall immediately be sent to the parties in dispute. The parties may be heard by a deputy, in which event he shall swear or cause the witnesses to be sworn and shall transmit all testimony to the Commission for its determination and award./

Amend further, by adding an appropriately numbered item to SECTION 12(D) entitled SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION - ADMINISTRATION:

/(____) The 1976 Code of Laws is amended by adding:

"Section 42-17-45. (A) A single administrative law judge of the South Carolina Administrative Law Judges Division shall hear the parties at issue and their representatives for its determination and award in workers' compensation cases.

(B) For judicial review of any decision of the single administrative law judge, the aggrieved party may appeal the decision directly to the court of common pleas of the county in which the alleged accident happened, or in which the employer resides or has his principal office, pursuant to Section 42-17-60.

(C) Notwithstanding Section 42-17-60, Section 42-17-45 must be construed to prevail over a conflicting statute, if any."/

Amend the bill, as and if amended, by striking Section 42-17-60 as contained in item (29) of SECTION 12(D) entitled SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION - ADMINISTRATION on page 1474 of the bill, beginning on line 19, and inserting:

/Section 42-17-60. (A) The award of the commission single administrative law judge of the Administrative Law Judges Division, as provided in Section 42-17-40, if not reviewed in due time, or an award of the commission upon such review, as provided in Section 42-17-50, is conclusive and binding as to all questions of fact. However, either party to the dispute, within thirty days from the date of the award or within thirty days after receipt of notice to be sent by registered mail of the award, but not thereafter, may appeal from the decision of the commission single administrative law judge to the court of common pleas of the county in which the alleged accident happened, or in which the employer resides or has his principal office, for errors of law under the same terms and conditions as govern appeals in ordinary civil actions.

(B) The court of common pleas may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner has been prejudiced because of the finding, conclusion, or decision is:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the agency;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(C) Notice of appeal must state the grounds of the appeal or the alleged errors of law. In case of an appeal from the decision of the commission single administrative law judge on questions of law, the appeal does not operate as a supersedeas and thereafter the employer is required to make payment of the award involved in the appeal or certification until the questions at issue have been fully determined in accordance with the provisions of this title./
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. SHEHEEN explained the amendment.

Rep. McELVEEN spoke against the amendment.

The amendment was then adopted.

Rep. McTEER proposed the following Amendment No. 233 (Doc Name L:\council\legis\amend\JIC\5531HC.93), which was tabled.

Amend the bill, as and if amended, Section 1-30-10(B), page 19, by adding on line 4 /Whenever a vacancy exists in the office of departmental director, the Division of Human Resource Management of the State Budget and Control Board shall conduct a search for a qualified individual to fill the vacancy. The division shall submit the names of up to three qualified individuals to the Governor. The Governor shall appoint one of the recommended individuals to fill the position, or reject all nominees and instruct the Division of Human Resource Management to conduct another search and provide additional recommendations./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McTEER explained the amendment.

SPEAKER IN CHAIR

Rep. McTEER continued speaking.

Rep. QUINN moved to table the amendment.

Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:

Yeas 62; Nays 47

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Baker
Brown, H.              Carnell                Cato
Clyborne               Cooper                 Corning
Davenport              Elliott                Fair
Felder                 Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harris, P.             Harrison
Harvin                 Haskins                Hodges
Holt                   Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Koon                   Littlejohn
Marchbanks             Meacham                Quinn
Riser                  Robinson               Sharpe
Shissias               Simrill                Smith, D.
Smith, R.              Stone                  Stuart
Sturkie                Thomas                 Trotter
Vaughn                 Waldrop                Walker
Wells                  Wilder, J.             Wilkins
Witherspoon            Wofford                Wright
Young, A.              Young, R.

Total--62

Those who voted in the negative are:

Alexander, M.O.        Askins                 Bailey, J.
Barber                 Beatty                 Boan
Breeland               Brown, G.              Brown, J.
Byrd                   Cobb-Hunter            Delleney
Farr                   Govan                  Harrelson
Harris, J.             Hines                  Houck
Inabinett              Keyserling             Kinon
Law                    Mattos                 McCraw
McElveen               McKay                  McLeod
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Richardson             Rudnick                Scott
Sheheen                Snow                   Spearman
Stille                 Townsend               Waites
Whipper                White                  Wilder, D.
Wilkes                 Williams

Total--47

So, the amendment was tabled.

Rep. McLEOD moved that the House do now adjourn.

Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:

Yeas 24; Nays 82

Those who voted in the affirmative are:

Askins                 Beatty                 Breeland
Brown, G.              Brown, J.              Cobb-Hunter
Davenport              Harrelson              Harris, P.
Hines                  Holt                   Inabinett
Jaskwhich              Koon                   McKay
McLeod                 Neal                   Riser
Rudnick                Sharpe                 Stille
Townsend               Whipper                Wilkes

Total--24

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Boan                   Brown, H.
Carnell                Cato                   Clyborne
Cooper                 Cromer                 Delleney
Elliott                Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harris, J.
Harrison               Harvin                 Harwell
Haskins                Hodges                 Houck
Huff                   Hutson                 Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Lanford                Law
Littlejohn             Marchbanks             Martin
McCraw                 McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Quinn                  Rhoad                  Richardson
Robinson               Rogers                 Scott
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stone                  Stuart
Sturkie                Trotter                Vaughn
Waites                 Waldrop                Walker
Wells                  Wilder, D.             Wilder, J.
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, R.

Total--82

So, the House refused to adjourn.

Rep. SCOTT moved that the House recede until 8:00 P.M.

Rep. PHILLIPS demanded the yeas and nays, which were taken resulting as follows:

Yeas 29; Nays 67

Those who voted in the affirmative are:

Alexander, M.O.        Barber                 Beatty
Brown, G.              Brown, J.              Cobb-Hunter
Cooper                 Corning                Davenport
Gonzales               Hallman                Inabinett
Keyserling             Koon                   McLeod
McTeer                 Riser                  Rudnick
Scott                  Snow                   Spearman
Stille                 Vaughn                 Wilder, D.
Wilder, J.             Wilkes                 Wright
Young, A.              Young, R.

Total--29

Those who voted in the negative are:

Alexander, T.C.        Allison                Askins
Bailey, J.             Baker                  Brown, H.
Carnell                Cato                   Clyborne
Cromer                 Delleney               Elliott
Fair                   Farr                   Felder
Fulmer                 Gamble                 Govan
Graham                 Harrell                Harris, J.
Harris, P.             Harrison               Haskins
Hines                  Hodges                 Houck
Huff                   Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Lanford                Law                    Littlejohn
Marchbanks             McAbee                 McCraw
McKay                  Meacham                Moody-Lawrence
Neilson                Phillips               Quinn
Richardson             Robinson               Rogers
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Stone
Stuart                 Sturkie                Townsend
Trotter                Waites                 Waldrop
Walker                 Wells                  Wilkins
Wofford

Total--67

So, the House refused to recede.

MOTION REJECTED

Rep. WILKES move to rescind Rule 3.9 which was rejected by a division vote of 43 to 59.

Rep. WOFFORD proposed the following Amendment No. 234 (Doc Name L:\council\legis\amend\JIC\5506HC.93), which was tabled.

Amend the bill, as and if amended, by moving the South Carolina Office of Victim's Assistance from the Office of the Attorney General to the Office of the Governor.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. WOFFORD explained the amendment and moved to table the amendment, which was agreed to.

Rep. FARR proposed the following Amendment No. 235 (Doc Name L:\council\legis\amend\DKA\4413AL.93), which was adopted.

Amend the bill, as and if amended, SECTION 6(B). Department of Commerce, Coordinating Division for Economic Development, Section 12-27-1300, by striking item (5) and inserting:

/(5)     one member appointed at large from a rural county by the Governor at large from a rural county. 'Rural' for purposes of this section means a county having a total population of sixty thousand or fewer persons as determined by the 1990 United States Census;/

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. FARR explained the amendment.

Rep. KIRSH moved to table the amendment.

Rep. FARR demanded the yeas and nays, which were taken resulting as follows:

Yeas 29; Nays 77

Those who voted in the affirmative are:

Barber                 Brown, H.              Cromer
Fair                   Fulmer                 Hallman
Harrell                Harrison               Hutson
Jaskwhich              Kelley                 Keyserling
Kirsh                  Klauber                Koon
Law                    Meacham                Moody-Lawrence
Quinn                  Rhoad                  Robinson
Sharpe                 Shissias               Simrill
Thomas                 Wilder, J.             Witherspoon
Wofford                Young, A.

Total--29

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, J.             Baker
Boan                   Brown, G.              Brown, J.
Byrd                   Carnell                Cato
Clyborne               Cobb-Hunter            Cooper
Corning                Davenport              Delleney
Elliott                Farr                   Felder
Gamble                 Gonzales               Govan
Graham                 Harrelson              Harris, J.
Harris, P.             Harvin                 Harwell
Haskins                Hines                  Hodges
Holt                   Houck                  Inabinett
Jennings               Keegan                 Kennedy
Kinon                  Lanford                Littlejohn
Martin                 Mattos                 McAbee
McCraw                 McKay                  McLeod
McTeer                 Neal                   Neilson
Phillips               Richardson             Riser
Rogers                 Rudnick                Scott
Sheheen                Smith, D.              Smith, R.
Snow                   Spearman               Stille
Stone                  Stuart                 Sturkie
Townsend               Trotter                Vaughn
Waites                 Wells                  White
Wilder, D.             Wilkes                 Wilkins
Williams               Worley

Total--77

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. J. BROWN proposed the following Amendment No. 236 (Doc Name L:\council\legis\amend\EGM\18154DW.93), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

\Section___. Effective with the first day of the 1994 session of the General Assembly, telephones must be installed on each member's desk in the hall of the House of Representatives.\

Renumber sections to conform.

Amend title to conform.

Rep. J. BROWN explained the amendment.

POINT OF ORDER

Rep. GONZALES raised the Point of Order that Amendment No. 236 was out of order as it was not germane.

Rep. J. BROWN argued contra the Point.

The SPEAKER stated that it was not germane to the Bill and he sustained the Point of Order and ruled the amendment out of order.

Rep. GRAHAM proposed the following Amendment No. 237 (Doc Name L:\council\legis\amend\436\11110SD.93), which was tabled.

Amend the bill, as and if amended, Section 1-30-10, SECTION 1, by adding an appropriately lettered subsection to read:

/(__)     No department, division, agency, board, commission, authority, or entity created by state government may hire or employ a lobbyist, as defined in Section 2-17-10, or a person who performs the function of a lobbyist./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. GRAHAM moved to table the amendment, which was agreed to.

Reps. RUDNICK and HARRELSON proposed the following Amendment No. 239 (Doc Name L:\council\legis\amend\JIC\5532SD.93), which was tabled.

Amend the bill, as and if amended, in Section 1-23-510 of the 1976 Code, as contained in SECTION 2, by striking subsection (A) of the section and inserting:

/(A)     The judges of the division must be appointed in the following manner. The Governor shall submit three names for each administrative law judgeship to the General Assembly and the General Assembly shall elect one of these three nominees to a particular judgeship; provided, however, that nothing herein prevents the General Assembly from rejecting all three names submitted and requiring additional names in multiples of three. The nominees submitted by the Governor must undergo screening by the Joint Legislative Committee pursuant to the provisions of Chapter 19 of Title 2. The terms of the administrative law judges shall be for six years and until their successors are selected and qualified, except as otherwise provided below. Each seat shall be numbered with the seat of the Chief Judge being designated as Seat 1. The judges initially elected to the even-numbered seats shall serve initial terms of three years each and thereafter their successors shall be selected for terms of six years each. The terms of office of the judges of the division begin on July first of the year of selection. Vacancies shall be filled in the manner of original selection./

Amend further, as and if amended, by deleting subsection (B) of Section 1-23-510 of the 1976 Code in its entirety and by deleting Section 1-23-550 of the 1976 Code in its entirety.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES moved to table the amendment.

Rep. RUDNICK demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 68 to 14.

Reps. J. HARRIS and JENNINGS proposed the following Amendment No. 240 (Doc Name L:\council\legis\amend\DKA\4412AL.93), which was adopted.

Amend the bill, as and if amended, SECTION 18. Department of Parks, Tourism and Cultural Affairs, (B) Arts Division, Section 60-15-60, by adding an appropriately numbered item to read:

/(__)     To ensure that the role of the arts in the life of the communities will continue to grow and to play an ever more significant part in the welfare and educational experience of the citizens of this State. All activities undertaken in carrying out this policy must be directed toward encouraging and assisting rather than limiting the freedom of artistic expression that is essential for the well-being of the arts;/

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

Reps. KOON, R. YOUNG, QUINN, HARRISON, STURKIE and HALLMAN proposed the following Amendment No. 241 (Doc Name L:\council\legis\amend\BBM\10356AC.93), which was tabled.

Amend the bill, as and if amended, Section 1-30-10, SECTION 1, by adding an appropriately lettered subsection to read:

/(__)     No department, division, agency, board, commission, authority, or entity created by state government may hire or employ a law firm, without complying with a bidding process established by the State Budget and Control Board under the South Carolina Procurement Code./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. KOON explained the amendment.

Rep. HODGES spoke against the amendment and moved to table the amendment.

Rep. KOON demanded the yeas and nays, which were taken resulting as follows:

Yeas 70; Nays 29

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, J.             Barber
Boan                   Breeland               Brown, J.
Byrd                   Carnell                Clyborne
Cobb-Hunter            Davenport              Delleney
Elliott                Farr                   Felder
Gamble                 Gonzales               Govan
Graham                 Harrell                Harris, J.
Harris, P.             Harrison               Harvin
Haskins                Hines                  Hodges
Holt                   Houck                  Huff
Jennings               Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Lanford                Law                    Littlejohn
Martin                 McAbee                 McCraw
McKay                  McTeer                 Meacham
Neal                   Neilson                Phillips
Richardson             Rudnick                Scott
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stone                  Thomas                 Walker
Wells                  Wilder, D.             Wilder, J.
Wilkins                Williams               Witherspoon
Worley

Total--70

Those who voted in the negative are:

Baker                  Brown, G.              Brown, H.
Cato                   Cooper                 Corning
Cromer                 Fulmer                 Hallman
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Koon
McLeod                 Quinn                  Riser
Sharpe                 Stille                 Stuart
Sturkie                Trotter                Vaughn
Waites                 Wofford                Wright
Young, A.              Young, R.

Total--29

So, the amendment was tabled.

Rep. ROGERS proposed the following Amendment No. 242 (Doc Name L:\council\legis\amend\JIC\5500HC.93), which was tabled.

Amend the bill, as and if amended, by moving the State Office of Victim's Assistance from the Office of the Attorney General to the Office of the Governor.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. ROGERS moved to table the amendment, which was agreed to.

Rep. ROGERS proposed the following Amendment No. 243 (Doc Name L:\council\legis\amend\BBM\10343DW.93), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___. The Governor shall report to the General Assembly no later than the second Tuesday in January of 1994, his recommendation for restructuring the following offices and divisions presently under his direct supervision, and as to how each might be restructured within other appropriate departments or divisions amended by this act:

(1) Office of Executive Policy and Programs;

(2) Office of Energy Programs;

(3) Office of Personnel and Program Services;

(4) Office of Research;

(5) Division of Health;

(6) Division of Economic Opportunity;

(7) Division of Economic Development;

(8) Division of Public Safety;

(9) Division of Ombudsman and Citizens' Services;

(10) Division of Education;

(11) Division of Natural Resources;

(12) Division of Human Services./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions./

Renumber sections to conform.

Amend title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Rep. J. BROWN proposed the following Amendment No. 244 (Doc Name L:\council\legis\amend\EGM\18155DW.93), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

\Section___. Effective with the first day of the 1994 session of the General Assembly, telephones must be installed between every two member's desks in the hall of the House of Representatives.\

Renumber sections to conform.

Amend title to conform.

Rep. J. BROWN explained the amendment.

POINT OF ORDER

Rep. J. BROWN raised the Point of Order that Amendment No. 244 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. JENNINGS proposed the following Amendment No. 245 (Doc Name L:\council\legis\amend\436\11111SD.93), which was adopted.

Amend the bill, as and if amended, by adding the following new sections to be appropriately numbered which shall read:

/Section __.     Severability Clause.

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Section __.     Savings Clause.

The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures and liabilities as they stood under the repealed or amended laws. Any such repealed or amended law must be treated as still remaining in force for the purpose of sustaining any civil action or criminal prosecution for the enforcement of any such right, duty, penalty, forfeiture or liability. Any department to which are transferred the powers, duties, and functions of any agency relating to the pending proceeding shall be substituted as a party in interest.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

Rep. CARNELL proposed the following Amendment No. 246 (Doc Name L:\council\legis\amend\JIC\5537SD.93), which was adopted.

Amend the bill, as and if amended, in Section 2-19-10 of the 1976 Code as contained in Section 3, page 65, by adding the following new paragraph at the end of the section to read:

/Where the office to be filled is a member of the Public Service Commission, the joint committee to review candidates for such office shall consist of five additional members, one of whom shall be elected by the House of Representatives, one of whom shall be elected by of the Senate, and three of whom shall be appointed by the Governor. These five additional members shall serve for terms of four years on such joint committee and until their successors are selected and qualify. Vacancies must be filled for the remainder of the unexpired term in the manner of original selection. These five members must be members of the general public and not members of the General Assembly and representative of all citizens of this State not affiliated in any way with the utility industry./

Amend the bill further, as and if amended, by adding a new subsection to SECTION 3 to be appropriately numbered to read:

/( )(1)     Section 58-3-20 of the 1976 Code is amended to read:

"Section     58-3-20.     The Public Service Commission shall be is composed of seven members to be elected by the General Assembly upon nomination of the South Carolina Public Service Merit Selection Panel , one from each congressional district, in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.

Each of the seven districts that were defined as congressional districts on January 1, 1930, is hereby established and declared to be a Public Service Commission district until July 1, 1982, and a Public Service Commissioner shall be elected from each of such districts; provided, however, that on July 1, 1982, the Public Service Commission shall be composed of seven members to be elected by the General Assembly upon nomination of the Public Service Merit Selection Panel from the then existing congressional districts. If the number of congressional districts is less than seven, additional members shall must be elected at large to provide for a seven member commission. The General Assembly in its 1982 session shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980.

To effect an orderly transition to the nomination of members of the commission by the merit selection panel and reconstitute the commission in accordance with this section, the following transition procedures shall apply to this section:

(1) Members of the commission whose terms expire June 30, 1979, shall continue to serve as commissioners until their successors are elected and qualify in 1980 pursuant to the provisions of this chapter for terms extending until the General Assembly provides for election based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980.

(2) Members of the commission whose terms expire June 30, 1982, shall continue to serve until the expiration of their terms on that date.

(3) The initial selection of nominees by the merit selection panel and their subsequent consideration by the General Assembly under this chapter shall take place during the 1980 session of the General Assembly.

(4) Notwithstanding any other provision of this Sections 58-3-20, 58-3-25, 58-3-40, 58-3-142 and 58-3-145, of those members of the commission initially elected in 1982, four members shall serve for a term of four years and three members shall serve for a term of three years as determined by lot. The commission shall notify the Secretary of State of the terms."

(2)     Section 58-3-24 of the 1976 Code is amended to read:

"Section 58-3-24. No member of the South Carolina Public Service Merit Selection Panel and no member of his immediate family to include his spouse, children, brothers, sisters, parents, father-in-law, mother-in-law, brothers-in-law, sisters-in-law, nieces and nephews shall be elected to the Public Service Commission while such person is serving on the Merit Selection Panel nor shall such person or members of his family as stipulated above be elected to the Public Service Commission for a period of four years after such person ceases to be a member of the Merit Selection Panel. Additionally, after After January 1, 1981, no member of the General Assembly shall may be elected to the Public Service Commission while such that person is serving in the General Assembly nor shall such that person be elected to the Public Service Commission for a period of four years after he ceases to be a member of the General Assembly."

(3)     Sections 58-3-21, 58-3-22, 58-3-23 and 58-3-25 of the 1976 Code are repealed./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. CARNELL explained the amendment.

Rep. HODGES moved to table the amendment.

Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:

Yeas 53; Nays 56

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, J.             Barber                 Clyborne
Corning                Cromer                 Elliott
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harris, J.             Harrison
Hodges                 Huff                   Hutson
Jaskwhich              Jennings               Kirsh
Klauber                Koon                   Lanford
Littlejohn             Mattos                 McElveen
McTeer                 Rhoad                  Riser
Robinson               Rogers                 Rudnick
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Stone
Stuart                 Thomas                 Trotter
Waites                 Walker                 Wells
Wilder, J.             Wilkins                Witherspoon
Worley                 Wright

Total--53

Those who voted in the negative are:

Askins                 Baker                  Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Carnell
Cato                   Cobb-Hunter            Cooper
Davenport              Delleney               Fair
Farr                   Felder                 Harrelson
Harris, P.             Harvin                 Harwell
Haskins                Hines                  Holt
Houck                  Inabinett              Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Law                    McAbee
McCraw                 McKay                  McLeod
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Richardson             Scott                  Spearman
Stille                 Sturkie                Townsend
Vaughn                 Whipper                White
Wilder, D.             Wilkes                 Williams
Wofford                Young, A.

Total--56

So, the House refused to table the amendment.

Rep. HUFF spoke against the amendment.

POINT OF ORDER

Rep. RUDNICK raised the Point of Order that Amendment No. 246 was out of order as it was the same as previous amendments debated by the House.

The SPEAKER stated that the amendment was different from the other amendments and he overruled the Point of Order.

The question then recurred to the adoption of the amendment.

Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:

Yeas 61; Nays 48

Those who voted in the affirmative are:

Askins                 Baker                  Beatty
Boan                   Breeland               Brown, G.
Brown, J.              Byrd                   Carnell
Cato                   Cobb-Hunter            Davenport
Delleney               Elliott                Fair
Farr                   Felder                 Govan
Hallman                Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hines                  Holt
Houck                  Inabinett              Kelley
Kennedy                Keyserling             Kinon
Klauber                Koon                   Law
McAbee                 McCraw                 McElveen
McKay                  McLeod                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Riser
Scott                  Spearman               Stille
Sturkie                Townsend               Vaughn
Waldrop                Whipper                White
Wilder, D.             Wilkes                 Williams
Witherspoon

Total--61

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, J.             Barber                 Clyborne
Cooper                 Corning                Cromer
Fulmer                 Gamble                 Gonzales
Graham                 Harrell                Hodges
Huff                   Hutson                 Jaskwhich
Jennings               Keegan                 Kirsh
Lanford                Littlejohn             Mattos
McTeer                 Rhoad                  Richardson
Robinson               Rogers                 Rudnick
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Stone                  Stuart                 Thomas
Trotter                Waites                 Walker
Wells                  Wilder, J.             Wilkins
Wofford                Worley                 Young, A.

Total--48

So, the amendment was adopted.

Rep. WILKES moved that the House do now adjourn.

Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:

Yeas 40; Nays 68

Those who voted in the affirmative are:

Alexander, M.O.        Askins                 Beatty
Boan                   Breeland               Brown, G.
Brown, J.              Byrd                   Cobb-Hunter
Corning                Davenport              Harrelson
Harris, P.             Haskins                Hines
Holt                   Inabinett              Kennedy
Keyserling             Koon                   Martin
Mattos                 McAbee                 McElveen
McKay                  McLeod                 McTeer
Neal                   Rhoad                  Riser
Rudnick                Scott                  Spearman
Stille                 Stone                  Townsend
Whipper                White                  Wilder, D.
Williams

Total--40

Those who voted in the negative are:

Alexander, T.C.        Allison                Bailey, J.
Baker                  Barber                 Brown, H.
Carnell                Cato                   Clyborne
Cooper                 Cromer                 Delleney
Elliott                Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harris, J.
Harrison               Harvin                 Harwell
Hodges                 Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Kinon                  Kirsh
Klauber                Lanford                Littlejohn
McCraw                 Meacham                Moody-Lawrence
Neilson                Phillips               Quinn
Richardson             Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Stuart                 Sturkie
Thomas                 Trotter                Vaughn
Waldrop                Walker                 Wells
Wilder, J.             Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, R.

Total--68

So, the House refused to adjourn.

Rep. WILKINS proposed the following Amendment No. 247 (Doc Name L:\council\legis\amend\BBM\10351SD.93), which was tabled.

Amend the bill, as and if amended, in Section 1-30-10 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (I) to read:

/(I)     A department director, constitutional officer, agency director, state board or commission, or governing body of any other entity of state government whose department, office, agency, board, commission, or entity of the State employs a lobbyist, as defined in Section 2-17-10, who is not a full-time employee of the State must provide to members of the General Assembly a certified copy of the disclosure statements and reports filed by the lobbyist with the Secretary of State or State Ethics Commission by mail to the home address of each member of the General Assembly./

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. WILKINS moved to table the amendment, which was agreed to.

Rep. WAITES proposed the following Amendment No. 248 (Doc Name L:\council\legis\amend\17127AC.93), which was tabled.

Amend the bill, as and if amended, SECTION 6, Department of Commerce, the Division of State Development, by deleting in Section 13-7-20(1) on page 212, on lines 12 and 13 /fabrication, and reprocessing plants;/ and inserting /fabrication, and reprocessing plants;/; and by deleting on line 14 /test reactor sites;/ and inserting /test reactor sites;/.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. WAITES moved to table the amendment, which was agreed to.

Rep. BOAN moved that the House do now adjourn.

POINT OF ORDER

Rep. WILKINS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.

Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11063AC.93), which was adopted.

Amend the bill, as and if amended, by transferring the Department of Alcohol and Other Drug Abuse Services, as contained in SECTION 5, to the Department of Health in SECTION 11 as a division of the Department of Health.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. BOAN explained the amendment.

Rep. GOVAN spoke against the amendment.

Rep. HODGES moved to table the amendment, which was not agreed to by a division vote of 48 to 56.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11065AC.93), which was tabled.

Amend the bill, as and if amended, by transferring the Old Exchange Building Commission, a separate and independent agency in state government, to the Department of Parks, Tourism and Cultural Affairs, as contained in SECTION 18, as a division of the department and by abolishing the governing commission.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. BOAN moved to table the amendment, which was agreed to.

Rep. BOAN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11068AC.93), which was tabled.

Amend the bill, as and if amended, by transferring the School for the Deaf and Blind, a separate and independent agency in state government, to the Department of Disabilities and Special Needs, as contained in SECTION 7, as a division of the department and by abolishing the board of commissioners of the school.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. BOAN moved to table the amendment, which was agreed to.

Rep. BOAN proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\436\11066AC.93), which was tabled.

Amend the bill, as and if amended, by transferring the Special School of Math and Science, a separate and independent agency in state government established in Chapter 48, Title 59, to the Department of Education, as contained in SECTION 8, as a division of the department and by abolishing the governing board of trustees.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. BOAN moved to table the amendment, which was agreed to.

Rep. SNOW proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\CYY\15251SD.93), which was tabled.

Amend the bill, as and if amended, by providing that the Wildlife and Marine Resources Department which was made a division of the Department of Natural Resources in Section 17 (including the State Natural Resources Police Division also contained in Section 17) shall be a separate and independent agency until July 1, 1996, at which time the Constitutional Laws Subcommittee of the House Judiciary Committee shall recommend to the full General Assembly what action to be taken in regard to this department.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. SIMRILL moved to table the amendment, which was agreed to.

Rep. GAMBLE proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\436\11077AC.93), which was tabled.

Amend the bill, as and if amended, by transferring the School for the Deaf and Blind, a separate and independent agency in state government, to the Department of Education, as contained in SECTION 8, as a division of the department and by abolishing the board of commissioners of the school.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. GAMBLE moved to table the amendment, which was agreed to.

Rep. McABEE proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\DKA\4354AL.93), which was tabled.

Amend the bill, as and if amended, SECTION 4. Agriculture; SECTION 9. Environmental Regulation; and SECTION 17. Natural Resources. by combining the departments to create the Department of Agriculture and Natural Resources under the direction of the Commission of Agriculture. The Department of Agriculture and Natural Resources would consist of the following offices, departments, and agencies, each creating a separate division within the department:

Department of Agriculture;

Water Resources;

Land Resources;

Forestry Commission;

Environmental Quality Control;

Clemson University (includes Regulatory and Public Service Programs and Livestock-Poultry Health Department);

Coastal Council;

Migratory Waterfowl;

Wildlife and Marine Resources;

Natural Resources Police;

Geological Mapping and Survey.

The Commission of Agriculture shall appoint an Executive Director for the department to carry out the daily management.

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McABEE moved to table the amendment, which was agreed to.

Rep. McABEE proposed the following Amendment No. 23 (Doc Name L:\council\legis\amend\DKA\4358AL.93), which was tabled.

Amend the bill, as and if amended, SECTION 4. Agriculture. By creating separate departments for Agriculture and Clemson PSA Programs. The Clemson PSA Department would combine the Regulatory and Public Service programs with the Livestock and Poultry Health programs along with any other Clemson PSA programs currently existing.

Amend further, SECTION 9. Environmental Regulation and SECTION 17. Natural Resources. By combining the two departments into one department called the Department of Natural Resources. Divisions within the Department of Natural Resources are:

Water Resources - nonregulatory;

Land Resources - nonregulatory;

Forestry Commission;

Environmental Quality Control (includes Land Resources regulatory and Water Resources regulatory);

Coastal Council;

Migratory Waterfowl;

Wildlife Marine Resources;

Natural Resources Police;

Geological Mapping and Survey .

Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. McABEE explained the amendment.

Rep. GONZALES spoke against the amendment and moved to table the amendment.

Rep. STURKIE demanded the yeas and nays, which were taken resulting as follows:

Yeas 76; Nays 24

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Baker                  Barber                 Breeland
Brown, H.              Cato                   Clyborne
Cobb-Hunter            Cooper                 Corning
Cromer                 Davenport              Delleney
Elliott                Fair                   Gamble
Gonzales               Graham                 Hallman
Harrell                Harris, J.             Harrison
Haskins                Hines                  Hodges
Houck                  Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Keyserling             Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Martin
McCraw                 McElveen               McKay
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Richardson             Robinson               Rogers
Scott                  Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Stone                  Stuart                 Sturkie
Thomas                 Trotter                Vaughn
Waites                 Waldrop                Walker
Wells                  Whipper                Wilder, D.
Wilkins                Wofford                Young, A.
Young, R.

Total--76

Those who voted in the negative are:

Askins                 Boan                   Brown, G.
Brown, J.              Carnell                Farr
Felder                 Harris, P.             Harvin
Harwell                Inabinett              Kennedy
McAbee                 McTeer                 Rhoad
Riser                  Rudnick                Sharpe
Spearman               Stille                 Townsend
White                  Wilder, J.             Witherspoon

Total--24

So, the amendment was tabled.

Rep. G. BROWN moved that the House do now adjourn.

POINT OF ORDER

Rep. WILKINS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

Rep. STURKIE demanded the yeas and nays, which were taken resulting as follows:

Yeas 60; Nays 54

Those who voted in the affirmative are:

Alexander, M.O.        Askins                 Barber
Beatty                 Boan                   Breeland
Brown, G.              Brown, J.              Byrd
Carnell                Cobb-Hunter            Cooper
Corning                Davenport              Farr
Felder                 Fulmer                 Hallman
Harrell                Harrelson              Harris, J.
Harris, P.             Hines                  Holt
Houck                  Inabinett              Kennedy
Keyserling             Koon                   Lanford
Law                    Mattos                 McAbee
McCraw                 McElveen               McKay
McLeod                 McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Riser                  Robinson
Rudnick                Scott                  Smith, D.
Spearman               Stille                 Stone
Townsend               Waldrop                Walker
Whipper                White                  Wilkes
Williams               Wofford                Young, R.

Total--60

Those who voted in the negative are:

Alexander, T.C.        Allison                Bailey, J.
Baker                  Brown, H.              Cato
Clyborne               Cromer                 Delleney
Elliott                Fair                   Gamble
Gonzales               Govan                  Graham
Harrison               Harvin                 Harwell
Haskins                Hodges                 Huff
Hutson                 Jaskwhich              Jennings
Keegan                 Kelley                 Kinon
Kirsh                  Klauber                Littlejohn
Martin                 Meacham                Quinn
Richardson             Rogers                 Sharpe
Sheheen                Shissias               Simrill
Smith, R.              Stuart                 Sturkie
Thomas                 Trotter                Vaughn
Waites                 Wells                  Wilder, D.
Wilder, J.             Wilkins                Witherspoon
Worley                 Wright                 Young, A.

Total--54

So, the motion to adjourn was agreed to.

STATEMENT BY REP. HODGES

I give notice of my intention to offer technical amendments on third reading.

Rep. JAMES H. HODGES

Further proceedings were interrupted by adjournment, the pending question being consideration of amendments, immediate cloture having been ordered.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3668 -- Reps. Anderson, J. Brown, Cobb-Hunter, White, Beatty, Breeland, Byrd, Canty, Govan, Hines, Inabinett, Kennedy, McMahand, Moody-Lawrence, Neal, Scott, Whipper and Williams: A CONCURRENT RESOLUTION COMMENDING BISHOP OREE BROOMFIELD, SR., FOR HIS OUTSTANDING LEADERSHIP IN WORKING TO IMPROVE THE QUALITY OF LIFE FOR ALL AMERICANS.

ADJOURNMENT

At 7:20 P.M. the House in accordance with the motion of Rep. ROGERS adjourned in memory of John R.T. Major, retired Richland County Clerk of Court, to meet at 10:00 A.M. tomorrow.

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