South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

TUESDAY, APRIL 21, 1992

Tuesday, April 21, 1992
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

In the observances of Easter and the Passover, cause us to see lastingly, O Lord, to what extent You will go to save Your people. In response, give us truly grateful hearts.

And as we move into the business of a new week, help us to remember we are here for service, not recognition, and to know the best way to forget our problems is to assist others to solve theirs. Teach us that it is far better to forgive and forget than to remember and resent. Cause us always to conduct ourselves as in Your presence, knowing that an ounce of example is worth more than a pound of advise. And as we travel the road of life, give us eyes to see both sides of it.

And may our ears hear constantly Your holy Word: "It is the Lord your God who goes with you; He will not fail you or forsake you". (Deuteronomy 31:6b). 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 Thursday, the SPEAKER ordered it confirmed.

REPORT RECEIVED

The following was received.

COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF
TRUSTEES OF STATE COLLEGES AND UNIVERSITIES

April 2,1992
Honorable Robert J. Sheheen
Speaker of the House
506 Blatt Building
Columbia, S. C. 29211

Dear Mr.Speaker:

The Screening Committee met at 9:00 on April 2, 1992 and screened the four candidates for the Clemson University Board of Trustees: John J. Britton, Louis B. Lynn, Patricia McAbee, and Allen P. Wood. These candidates were found qualified.

The committee also considered the following candidates for the University of South Carolina Board of Trustees: Second Judicial Circuit, Charles E. Simons, III; Fourth Judicial Circuit, Gus Hoffmeyer, Jr. and J. Dupre Miller; Sixth Judicial Circuit, James Bradley; Eighth Judicial Circuit, Herbert C. Adams and James E. Wiseman, III; Tenth Judicial Circuit, Lily-Roland Hall; Fourteenth Judicial Circuit, Helen C. Harvey; Fifteenth Judicial Circuit, Eugene C. Floyd; and Sixteenth Judicial Circuit, Samuel R. Foster. All of these candidates were also found qualified.

The committee respectfully requests that the foregoing favorable report be printed in the journal.

Sincerely,
EUGENE C. STODDARD, CHAIRMAN

Received as information.

REPORT RECEIVED

The following was received.

COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF
TRUSTEES OF STATE COLLEGES AND UNIVERSITIES

April 16, 1992
Honorable Bob Sheheen
Speaker of the House
506 Blatt Building
Columbia, S.C. 29211

Dear Mr. Speaker:

The Screening Committee met at 9:00 on April 16, 1992 and screened these candidates for the Citadel Board of Visitors: David S. Boyd and W.E. Jenkinson, III. Three candidates were also screened for the Wil Lou Gray Opportunity School Board of Trustees: Dr. Marvin Efron; Wilhelmina McBride; and Olive F. Wilson. All of these candidates were found qualified.

The committee also screened candidates for the College of Charleston and Medical University of South Carolina Boards of Trustees. The candidates for the College of Charleston were: First District, Cheryl D. Whipper; Second District, Joel H. Smith; Third District, William J. Day; Fourth District, Merl F. Code; Fifth District, John V. Price; Sixth District, Marie M. Land; and the At-large seat, Timothy N. Dangerfield. The candidates for the Medical University of South Carolina were as follows: Lay Trustee, First District, Melvyn Berlinsky; Second District, Patricia T. Smith; and Third District, Milford J. Cooper; Medical Profession, Fourth District, Dr. Charles B. Hanna; Fifth District, Dr. Cotesworth P. Fishburne; and Sixth District, Dr. E. Conyers O'Bryan. These candidates were also found qualified.

The committee respectfully requests that the foregoing favorable report be printed in the Journal.

Sincerely,
EUGENE C. STODDARD, CHAIRMAN

Received as information.

CONFIRMATION OF APPOINTMENT ORDERED
REFERRED TO RULES COMMITTEE

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

April 17, 1992
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

STATEWIDE APPOINTMENT

Appointment, Member, State Ethics Commission, with term to expire May 31, 1995:

2nd Congressional District:

Ms. Sue C. Erwin, 601 Poinsettia Street, Columbia, South Carolina 29204     VICE Emily Phillips (resigned)

The appointment confirmation was ordered sent to the Rules Committee.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 16, 1992

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Setzler of the Committee of Conference on the part of the Senate on H. 3044:
H. 3044 -- Reps. P. Harris, Waldrop and Whipper: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF THE APPROPRIATED FUNDS; TO PROVIDE FURTHER FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO SUSPEND THE NURSING HOME BED FEE IMPOSED PURSUANT TO SECTION 44-7-84 OF THE 1976 CODE AND THE MEDICAID MEDICALLY NEEDY PROGRAM PURSUANT TO SECTION 44-6-155 OF THE 1976 CODE DURING FISCAL YEAR 1992-93; TO REDUCE THE MAXIMUM DISCOUNT ALLOWED FOR THE TIMELY PAYMENT OF SALES TAX FROM TEN THOUSAND TO THREE THOUSAND DOLLARS DURING FISCAL YEAR 1992-93; AND TO EXTEND FOR THE 1992 TAXABLE YEAR ONLY THE PROVISIONS OF THE INCOME TAX CREDIT ALLOWED FOR A PORTION OF THE PAYMENT TO A SKILLED OR INTERMEDIATE CARE NURSING HOME TO AN INSTITUTION PROVIDING NURSING FACILITY LEVEL CARE OR FOR PAYMENTS TO AN IN-HOME OR COMMUNITY CARE PROVIDER CERTIFIED BY A LICENSED PHYSICIAN TO MEET THE NURSING FACILITY LEVEL OF CARE.
Very respectfully,
President

No. 384

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 16, 1992

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1291:
S. 1291 -- Senator Pope: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT FOR NEW JOBS IN CERTAIN COUNTIES, SO AS TO REVISE THE DEFINITION OF THE TERM "NEW JOB" TO INCLUDE EXISTING JOBS AT A FACILITY OF AN EMPLOYER WHICH ARE REINSTATED AFTER THE EMPLOYER HAS REBUILT THE FACILITY DUE TO ITS DESTRUCTION BY NATURAL DISASTER OR ACT OF GOD.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

INVITATIONS

The following were received and referred to the Committee on Invitations and Memorial Resolutions.

December 6, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

On behalf of the Manufactured Housing Institute of South Carolina, I am pleased to extend to the members of the South Carolina House, aides and attaches an invitation to join members of the Institute from throughout the State at a reception honoring the legislature. The reception will be from 6:30 P.M. until 9:30 P.M. on Wednesday, May 6, 1992.

As you know, the Carolina Plaza Hotel is closing, and a substitute location for the reception has not be identified. I would like to assure you that prior to the printing of the calendar for May 6, we will have identified a suitable location for the reception and communicated the location to your office.

Your assistance in this matter is greatly appreciated.

With my warmest regards, I am.

Yours very truly,
Jay Bender

The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Representative Foster:

The Members of the Joint Legislative Committee on Children have been supportive of The Nurturing Center's efforts and believe that it's vital to educate all legislators about what's happening to South Carolina's children and families.

The Joint Legislative Committee on Children and The Nurturing Center cordially invite all Members of the General Assembly to lunch at The Nurturing Center to learn more about South Carolina's families in crisis. The luncheons will be held on May 6, May 13, and May 20 - upon adjournment or at 1:30 - and will continue until 3:00. Legislators may choose the luncheon most convenient for him/her. Individual invitations will be sent to all members of the General Assembly. Maps and RSVP cards will be included. Please contact me at 771-4160 or The Joint Legislative Committee on Children at 734-2928 for further information.

Sincerely,
Joan R. Fail
Development Coordinator

February 4, 1992
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Representative Foster:

I would like to request that the Governor's Legislative Reception be placed on the Legislative Calendar.

This reception is scheduled for Wednesday, May 20, 1992 from 6:00 until 8:00 P.M. at the Governor's Mansion for both the House and Senate members.

Thank you for your assistance in this matter.

Sincerely,
Ginger G. Huggins
Social Director

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1477
Promulgated By Department of Health and Environmental Control
Procedures for Contested Cases
Received By Speaker April 16, 1992
Referred to House Committee on Judiciary
120 day review expiration date August 14, 1992

Document No. 1491
Promulgated By Department of Health and Environmental Control
Solid Wast Management: Solid Waste Management Grants, Recycling, Education Grants, and Waste Tire Grants
Received By Speaker April 16, 1992
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date August 14, 1992

Document No. 1483
Promulgated By Budget and Control Board
The South Carolina Modular Building Construction Act
Received By Speaker April 20, 1992
Referred to House Committee on Labor, Commerce and Industry
120 day review expiration date August 18, 1992

Document No. 1501
Promulgated By Board of Chiropractic Examiners
Replacing All existing Rules and Regulations
Received By Speaker April 16, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date August 14, 1992

Document No. 1490
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Full Cost Disclosure
Received By Speaker April 16, 1992
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date August 14, 1992

Document No. 1494
Promulgated By Department of Social Services
Licensing Child Day Care Facilities: Private and Public Child Day Care Centers
Received By Speaker April 16, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date August 14, 1992

Document No. 1518
Promulgated By Department of Social Services
Licensing Child Day Care Facilities: Child Day Care Facilities Operated By Religious Bodies or Groups
Received By Speaker April 16, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date August 14, 1992

Document No. 1519
Promulgated By Department of Social Services
Licensing Child Day Care Facilities: Family Day Care Homes
Received By Speaker April 16, 1992
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date August 14, 1992

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1445
Promulgated By State Law Enforcement Division
Detective and Security Agencies
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date May 23, 1992
Withdrawn and Resubmitted: April 20, 1992

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4598 -- Reps. Inabinett, Harwell, Whipper, D. Martin, Holt and J. Bailey: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON SOUTH CAROLINA HIGHWAY 174 IN CHARLESTON COUNTY CROSSING THE DAWHOO RIVER AS THE McKINLEY WASHINGTON, JR., BRIDGE.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4612 -- Reps. R. Young, Gonzales, Whipper, J. Bailey, Hallman, Rama, Fulmer and Holt: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES DEPARTMENT OF DEFENSE TO SELECT THE CHARLESTON, SOUTH CAROLINA, OFFICE OF THE FINANCIAL INFORMATION PROCESSING CENTER OF THE NAVAL SUPPLY CENTER AS A DEFENSE FINANCE AND ACCOUNTING SERVICE REGIONAL CENTER.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4613 -- Reps. Manly, Neilson, Keyserling, Waites, Whipper, Cromer, Glover, J.C. Johnson, Cobb-Hunter, McElveen, L. Elliott, Barber, Mattos, M.O. Alexander, D. Martin, Rogers, J. Bailey, Jaskwhich and Kempe: A CONCURRENT RESOLUTION ENDORSING THE GOALS AND OBJECTIVES OF THE UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT (UNCED), OTHERWISE KNOWN AS THE EARTH SUMMIT, SCHEDULED FOR JUNE, 1992, IN BRAZIL, AND CALLING UPON THE PRESIDENT OF THE UNITED STATES TO JOIN HIS COUNTERPARTS FROM AROUND THE WORLD AT THE EARTH SUMMIT AND TO INSTRUCT UNITED STATES NEGOTIATORS TO WORK WITH OTHER NATIONAL DELEGATIONS IN CRAFTING AN INTERNATIONAL PROTOCOL ON GLOBAL CLIMATE CHANGE.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4627 -- Reps. McAbee, Anderson, Clyborne, Wilkins, M.O. Alexander, Baker, Chamblee, Mattos, Sharpe, L. Martin, Marchbanks, Smith, Shirley, Ross, Vaughn, Jaskwhich, P. Harris, Tucker and Haskins: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE CONGRESS OF THE UNITED STATES, AND THE NATIONAL PARK SERVICE OF THE UNITED STATES DEPARTMENT OF INTERIOR TO PLAN AND CONSTRUCT AN EXTENSION OF THE BLUE RIDGE PARKWAY INTO SOUTH CAROLINA; TO REQUEST THE STATE OF NORTH CAROLINA TO COOPERATE IN SUCH EFFORTS; AND TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO PLAN THE PROJECT AND COOPERATE IN ITS IMPLEMENTATION.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4695 -- Reps. Farr, Phillips, Sharpe, Wilkes, Bruce, Rhoad, Inabinett, Corbett, Bennett, Gonzales, Beasley, Riser, Meacham, Waites, Snow, Delleney and Manly: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER LITTLE BROWN'S CREEK ON S. 44-57 IN UNION COUNTY AS THE CURTIS HARRIS BRIDGE.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 1424 -- Senator Reese: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER AND THE HOUSE CHAMBER OCTOBER 22 AND 23, 1992, AND THE BLATT BUILDING OCTOBER 21 AND 22, 1992, FOR ITS ANNUAL MEETING.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 4422 -- Rep. Farr: A BILL TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF VEHICLES, SO AS TO PROVIDE THAT SADDLE MOUNTS AND FULL MOUNTS MUST NOT EXCEED SEVENTY-FIVE FEET.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 4540 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-650 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ENTER INTO RECIPROCAL BASE STATE AGREEMENTS, WITH THE REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR CARRIERS, TO PROVIDE THAT MOTOR CARRIERS REGISTERING IN THIS STATE UNDER SUCH AGREEMENTS ARE SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO ALLOW THE COMMISSION TO REQUIRE FILINGS OF CERTIFICATION OF INSURANCE, SURETY BONDS, AND OTHER DOCUMENTS TO SHOW A SOUTH CAROLINA BASED CARRIER'S QUALIFICATION TO OPERATE, AND PROVIDE THAT A PARTICIPATING CARRIER SHALL REGISTER ONLY WITH THE COMMISSION, AND TO AMEND SECTION 58-23-640, RELATING TO FEES AND CHARGES FOR REGISTRATION OF INTERSTATE AUTHORITY BY MOTOR CARRIERS, SO AS TO PROVIDE THAT THE FIVE DOLLAR AUTHORITY STAMP FEE IS A FEE FOR AN IDENTIFIER.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4771 -- Reps. Altman, Snow and Kennedy: A HOUSE RESOLUTION TO REQUEST THAT THE DAILY PRAYERS OF CHAPLAIN CLARK BE COMPILED FOR THE 1992 LEGISLATIVE SESSION AND PRINTED FOR DISTRIBUTION.

Be it resolved by the House of Representatives:

That the daily prayers of Chaplain Clark be compiled for the 1992 legislative session and that one thousand five hundred copies be printed for distribution.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4772 -- Reps. R. Young, A. Young and Wofford: A CONCURRENT RESOLUTION TO CONGRATULATE THE R. B. STALL HIGH SCHOOL IN CHARLESTON FOR WINNING THE STATE NATIONAL BICENTENNIAL COMPETITION SPONSORED BY THE SOUTH CAROLINA BAR LAW RELATED EDUCATION COMMITTEE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4773 -- Rep. G. Bailey: A CONCURRENT RESOLUTION CONGRATULATING MR. NICHOLAS P. "NICK" ANAGNOST, STATE DIRECTOR OF THE FARMER'S HOME ADMINISTRATION, UPON RECEIVING THE ADMINISTRATOR'S AWARD FOR SUSTAINED PERFORMANCE IN DELIVERING, PROCESSING, AND SERVICING COMMUNITY AND BUSINESS IN THIS STATE DURING FISCAL YEAR 1991 PRESENTED TO HIM BY THE UNITED STATES DEPARTMENT OF AGRICULTURE, FARMER'S HOME ADMINISTRATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1410 -- Senators Mullinax and O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON EAST QUEEN STREET IN PENDLETON IN ANDERSON COUNTY AS THE DEXTER GOSSETT MEMORIAL BRIDGE.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1471 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 27, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1995, AND JUNE 30, 1997; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.

The Concurrent Resolution was ordered referred to the Committee on Judiciary.

INTRODUCTION OF BILLS

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

H. 4774 -- Reps. Hallman, Barber, Inabinett, Holt, Fulmer, Rama, D. Martin, Whipper, J. Bailey, Kirsh and R. Young: A BILL TO AMEND SECTION 51-13-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF THE MEMBERS OF THE PATRIOT'S POINT AUTHORITY, SO AS TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY AND TO TERMINATE THE TERMS OF THE MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND PROVIDE THAT THE GOVERNOR SHALL APPOINT THE MEMBERS AS PROVIDED FOR IN SECTION 51-13-720, AS AMENDED BY THIS ACT.

RULE 5.12 WAIVED

Rep. HALLMAN moved to waive Rule 5.12, which was agreed to by a division vote of 66 to 0.

Without reference.

H. 4775 -- Reps. L. Elliott and Harwell: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A CERTAIN PORTION OF WEST JAMES STREET IN THE CITY OF MULLINS, SOUTH CAROLINA.

RULE 5.12 WAIVED

Rep. L. ELLIOTT moved to waive Rule 5.12, which was agreed to by a division vote of 33 to 0.

Without reference.

H. 4776 -- Reps. L. Elliott and Harwell: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A CERTAIN PORTION OF WAYCROSS STREET IN THE CITY OF MARION, SOUTH CAROLINA.

RULE 5.12 WAIVED

Rep. L. ELLIOTT moved to waive Rule 5.12, which was agreed to by a division vote of 33 to 0.

Without reference.

H. 4777 -- Rep. J. Harris: A BILL TO AMEND SECTION 2-68-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOLK HERITAGE AWARD, SO AS TO AUTHORIZE THE AWARD'S ADVISORY COMMITTEE TO AWARD AN ADDITIONAL FOLK HERITAGE AWARD AND TO ADD TO THE CRITERIA FOR THE AWARD THE SIGNIFICANCE OF THE FOLK ARTS ADVOCATE IN SUPPORTING AUTHENTIC SOUTH CAROLINA TRADITIONAL CRAFT OR INTERPRETING IT TO A WIDER AUDIENCE.

Referred to Committee on Education and Public Works.

H. 4778 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 35 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE BRONZE STAR AND FOR PENALTIES.

Referred to Committee on Education and Public Works.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Beasley                Beatty                 Bennett
Brown, G.              Brown, H.              Brown, J.
Bruce                  Burch, K.              Byrd
Canty                  Carnell                Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corbett                Council
Cromer                 Delleney               Elliott, D.
Elliott, L.            Fair                   Farr
Felder                 Fulmer                 Gentry
Glover                 Hallman                Harrelson
Harris, J.             Harris, P.             Harrison
Harwell                Haskins                Hendricks
Hodges                 Holt                   Houck
Hyatt                  Inabinett              Jaskwhich
Jennings               Keegan                 Kempe
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, D.
Martin, L.             Mattos                 McAbee
McCraw                 McGinnis               McKay
McLeod                 McTeer                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Rhoad
Riser                  Ross                   Scott
Sharpe                 Sheheen                Shirley
Shissias               Smith                  Snow
Stoddard               Stone                  Taylor
Townsend               Tucker                 Vaughn
Waldrop                Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Williams, J.
Wofford                Wright                 Young, A.
Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 21.

Roland Corning                    Lenoir Sturkie
Candy Waites                      Irene Rudnick
Timothy Rogers                    Alex Harvin, III
Kenneth Kennedy                   Samuel Foster
Thomas Huff
Total Present--115

RECORD FOR JOURNAL

I missed roll call because I was attending a press conference on marital rape.

Rep. CANDY WAITES

LEAVE OF ABSENCE

The SPEAKER granted Rep. MANLY a leave of absence for the week.

STATEMENTS OF ATTENDANCE

Reps. GENTRY, SNOW and STURKIE signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, April 16.

MOTION ADOPTED

Rep. RAMA moved that when the House adjourns it adjourn in memory of William R. Risher, longtime member of the Citadel Board of Visitors, which was agreed to.

SPECIAL PRESENTATION

Rep. BARBER, and the Charleston County Delegation, presented the James Island High School Boys Basketball Team, winners of the Lower State AAAA Championship, their coaches and cheerleaders.

H. 4267--RECOMMITTED

The following Bill was taken up.

H. 4267 -- Reps. Wilkins and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-15-460 AND 16-15-470 SO AS TO PROVIDE FOR DISPLAYING CERTAIN VIDEO CASSETTES FOR SALE OR RENTAL IN A SEPARATE AREA, AND TO PROVIDE FOR AN OFFICIAL RATING ON THE SALE, RENTAL, OR LOAN OF CERTAIN VIDEO MOVIES.

Rep. WILKINS moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3582 -- Reps. M. Martin and D. Elliott: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT ELIGIBLE FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO DELETE A PROVISION WHICH STATES THAT PERSONS CONVICTED OF A FISH, GAME, WILDLIFE, OR COMMERCIAL FISHERY-RELATED OFFENSE WHICH IS PUNISHABLE BY A FINE OR LOSS OF POINTS MAY NOT BE CONSIDERED FOR THIS PROGRAM, AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-9-115 SO AS TO PROVIDE THAT IF A PERSON CHARGED WITH ONE OF THESE OFFENSES IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM, HIS HUNTING OR FISHING LICENSE MUST NEVERTHELESS BE SUSPENDED, IF REQUIRED BY LAW, IN THE SAME MANNER AS IF HE WAS CONVICTED OF THAT OFFENSE.

H. 3907 -- Reps. Mattos, P. Harris, Manly and Townsend: A BILL TO REVISE THE CHARGES FOR ENVIRONMENTAL PERMITS, LICENSES, AND CERTIFICATES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, THE SAFE DRINKING WATER ACT, THE HAZARDOUS WASTE MANAGEMENT ACT, THE OIL AND GAS ACT, AND DEPARTMENT REGULATIONS.

H. 3293--MOTION TO RECONSIDER TABLED
AND SENT TO THE SENATE

The motion of Rep. BENNETT to reconsider the vote whereby the following Bill was given a second reading was taken up.

H. 3293 -- Reps. Bennett, Snow and Bruce: A BILL TO AMEND SECTION 56-5-4900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES AND THE PROVISION THAT CERTAIN REGULATIONS AS TO BRAKES ARE INAPPLICABLE TO CERTAIN FARM TRAILERS, SO AS TO PROVIDE THAT SECTIONS 56-5-4850 TO 56-5-4900 DO NOT APPLY TO TRAILERS, NOT EXCEEDING EIGHTEEN, RATHER THAN EIGHT, THOUSAND POUNDS GROSS WEIGHT, WHICH ARE PULLED BEHIND FARM TRACTORS OR TRUCKS AND USED IN THE TRANSPORTATION OF CERTAIN FARM PRODUCTS AND ARTICLES, TO PROVIDE THAT FARM TRAILERS EXCEEDING EIGHT THOUSAND POUNDS GROSS WEIGHT WHICH ARE NOT EQUIPPED WITH BRAKES MUST BE PULLED BEHIND FARM TRACTORS OR BEHIND TRUCKS RATED BY THE MANUFACTURER AS HAVING A LOAD CAPACITY OF AT LEAST ONE TON AND HAVING AT LEAST FOUR WHEELS ON THE REAR AXLE, AND TO PROVIDE THAT ALL FARM TRAILERS MUST BE EQUIPPED WITH AND SHALL HAVE IN USE SAFETY CHAINS WHEN THE TRAILERS ARE USED TO HAUL FARM PRODUCTS AND ARTICLES.

Rep. BENNETT moved to table the motion to reconsider, which was agreed to.

The Bill was then read the third time and ordered sent to the Senate.

H. 4384--DEBATE ADJOURNED

Rep. FAIR moved to adjourn debate upon the following Bill until Wednesday, May 27, which was adopted.

H. 4384 -- Reps. Fair, Vaughn and Cato: A BILL TO AMEND ACT 544 OF 1982, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO PROVIDE THAT THE TERMS OF OFFICE ARE FOR TWO YEARS RATHER THAN FOUR.

H. 4420--DEBATE ADJOURNED

Rep. SNOW moved to adjourn debate upon the following Bill until Wednesday, April 22, which was adopted.

H. 4420 -- Reps. G. Brown, Baxley, Riser, Bennett, Kennedy, Council, McLeod and McKay: A BILL TO AMEND SECTION 46-41-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF DEALERS AND HANDLERS OF AGRICULTURAL PRODUCTS, SO AS TO REVISE THE DEFINITION OF "AGRICULTURAL PRODUCTS" TO INCLUDE COTTON, THEREBY MAKING DEALERS IN COTTON SUBJECT TO THESE REGULATORY PROVISIONS.

H. 4199--OBJECTIONS

The following Bill was taken up.

H. 4199 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEE FOR DUPLICATE FOR LOST OR DESTROYED LICENSE, SO AS TO INCREASE THE FEE FROM FIFTY CENTS TO TEN DOLLARS.

Reps. H. BROWN and HASKINS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12392.BD).

Amend the bill, as and if amended, by striking Section 56-1-200, SECTION 1, page 1, beginning on line 22, and inserting:

/Section 56-1-200. In the event that If a driver's license is lost or destroyed, the person to whom the license was issued may, upon payment of a fee of fifty cents, obtain a duplicate or, substitution thereof renewal license upon payment of a fee of ten dollars and upon furnishing proof satisfactory to the department that such the license has been lost or destroyed./

Amend title to conform.

Rep. H. BROWN explained the amendment.

Reps. L. ELLIOTT, LITTLEJOHN, TUCKER, STONE, SMITH, SCOTT, WELLS, COOPER, CHAMBLEE and FELDER objected to the Bill.

S. 1141--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW REFUNDS OR CREDITS FOR FEES REMITTED ON EXEMPT CONTRACTS, AND TO AUTHORIZE THE COMMISSION TO PRESCRIBE FORMS AND PROCEDURES FOR CLAIMING THE REFUND OR CREDIT.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 15, by the Committee on Ways and Means.

Rep. CARNELL explained the amendment.

The amendment was then adopted.

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

H. 4105--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4105 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 44 SO AS TO ESTABLISH THE SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY FUND TO PROVIDE FUNDS TO AID DEVELOPMENTALLY DISABLED, MENTALLY ILL, AND PHYSICALLY HANDICAPPED PERSONS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\2403.AC), which was adopted.

Amend the bill, as and if amended, by striking Section 44-28-40(B) and inserting:

/(B)     Upon proper certification by the South Carolina Department of Mental Retardation, the State Department of Mental Health, or the State Agency of Vocational Rehabilitation, the State Treasurer shall process vouchers from the Self-Sufficiency Trust Fund accounts for services provided pursuant to this section./

Amend further by striking Section 44-28-80 in its entirety.

Amend further, Section 44-28-360 by adding at the end of the section: /These agencies are responsible only for the beneficiaries that meet their individual eligibility criteria./

Amend further by striking Section 44-28-370 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. CARNELL explained the amendment.

The amendment was then adopted.

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

Rep. WALDROP moved that the House do now recede until 2:30 P.M.

Rep. SHARPE moved that the House do now adjourn.

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

Yeas 8; Nays 94

Those who voted in the affirmative are:

Barber                 Beatty                 Carnell
McAbee                 McElveen               McGinnis
McLeod                 Ross

Total--8

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Baxley                 Beasley                Boan
Brown, H.              Brown, J.              Burch, K.
Byrd                   Canty                  Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corbett                Corning
Council                Cromer                 Delleney
Elliott, D.            Elliott, L.            Fair
Farr                   Fulmer                 Gentry
Hallman                Harrelson              Harris, J.
Harris, P.             Harrison               Harvin
Harwell                Haskins                Hendricks
Hodges                 Holt                   Houck
Hyatt                  Inabinett              Jaskwhich
Jennings               Keegan                 Kempe
Kennedy                Kinon                  Kirsh
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, D.
Martin, L.             Mattos                 McCraw
McKay                  McTeer                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Riser
Rogers                 Rudnick                Scott
Sheheen                Shissias               Smith
Snow                   Stoddard               Stone
Sturkie                Taylor                 Tucker
Vaughn                 Waites                 Waldrop
Wells                  White                  Wilder
Wilkes                 Wilkins                Williams, J.
Wofford                Wright                 Young, A.
Young, R.

Total--94

So, the House refused to adjourn.

The question then recurred to the motion that the House recede until 2:30 P.M., which was agreed to.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.

The question of a quorum was raised. A quorum was later present.

H. 3033--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

H. 3033 -- Reps. Keegan, Corning and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 11, TITLE 11, SO AS TO PROVIDE FOR A "ZERO-BASED" BUDGET REVIEW OF CERTAIN AGENCIES, DEPARTMENTS, COMMISSIONS, BOARDS, AND INSTITUTIONS EVERY EIGHT YEARS BY A JOINT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, FOR COMMITTEE MEMBERSHIP AND DUTIES, FOR THE SCOPE OF REVIEW, AND FOR THE ESTABLISHMENT OF A SCHEDULE OF REVIEW.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12293.DW), which was adopted.

Amend the bill, as and if amended, in Section 11-11-610(B), as contained in SECTION 2, page 3, line 2, by striking /standing committees/ and inserting /Ways and Means Committee/; line 3 by inserting after /Senate/ /Finance/; lines 3, 4, and 5 by striking /having subject matter jurisdiction over a particular agency, department, commission, board, or institution,/; line 7 by striking /(standing committee)/ and inserting /Ways and Means Committee/; lines 8 and 9 by striking/ (standing committee)/ and inserting/Finance Committee/ so that when amended Section 11-11-610(B) shall read:

/(B)     Each joint committee consists of members of the Ways and Means Committee of the House of Representatives and the Senate Finance Committee and styled the Joint Committee for Budget Review of the Ways and Means Committee of the House of Representatives and the Senate Finance Committee. The chairman of each standing committee, at the outset of each General Assembly, shall appoint from the membership of his committee those members who shall serve on a joint committee. No member may serve on more than two joint committees simultaneously. Vacancies must be filled in the same manner as original appointments. Each joint committee for budget review shall adopt rules and elect a chairman. The chairman shall serve for a term of one year and until his successor is elected and qualifies, with the chairmanship alternating each year between a member of the House of Representatives and a member of the Senate./

Amend title to conform.

Rep. P. HARRIS explained the amendment.

The amendment was then adopted.

Rep. PHILLIPS moved to adjourn debate upon the Bill until Wednesday, April 22, which was adopted.

H. 4336--ORDERED TO THIRD READING

The following Bill was taken up.

H. 4336 -- Reps. Barber and Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-170 SO AS TO REQUIRE THE DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, TO SOLICIT, COMPILE, AND ANNUALLY DISTRIBUTE TO STATE AGENCIES AND THE GENERAL ASSEMBLY THE INITIATIVE, ACTIVITIES, ACHIEVEMENTS, AND RESULTS OF THE TOTAL QUALITY MANAGEMENT PLAN.

Rep. BARBER explained the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. BARBER continued speaking.

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

S. 379--DEBATE ADJOURNED

Rep. FULMER moved to adjourn debate upon the following Bill until Tuesday, April 28, which was adopted.

S. 379 -- Senator Mullinax: A BILL TO AMEND SECTIONS 40-79-10, 40-79-30 AND 40-79-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA REGULATION OF BURGLAR ALARM SYSTEM BUSINESSES ACT OF 1986" SO AS TO INCLUDE FIRE ALARM SYSTEM BUSINESSES WITHIN THE REGULATION AND LICENSURE PROVISIONS OF THE ACT.

MOTION REJECTED

Rep. HODGES moved that the House recur to the morning hour, which was rejected by a division vote of 19 to 66.

S. 990--OBJECTION WITHDRAWN

Rep. SMITH withdrew his objections to S. 990 however, other objections remained upon the Bill.

H. 4334--OBJECTIONS

Reps. McABEE and CARNELL withdrew their objections to the following Joint Resolution whereupon objections were raised by Reps. WILKINS, CLYBORNE, L. MARTIN, CROMER, COOPER and FAIR.

H. 4334 -- Reps. Wilkins, Kirsh, Beasley, M.O. Alexander, Altman, Baker, Bennett, H. Brown, Bruce, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, L. Elliott, Fair, Farr, Fulmer, Gonzales, Hallman, P. Harris, Harrison, Haskins, Hendricks, Huff, Jaskwhich, Keegan, Kempe, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, L. Martin, McGinnis, McKay, Meacham, Quinn, Rama, Rhoad, Riser, Rogers, Sharpe, Shissias, Smith, Snow, Stone, Sturkie, Tucker, Vaughn, Waites, Waldrop, Wells, Wilder, D. Williams, Wofford, Wright, A. Young, R. Young and Council: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE OFFICERS BY ADDING SECTION 10 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY, NOT LATER THAN JANUARY 15, 1995, BY GENERAL LAW SHALL PROVIDE FOR AN EXECUTIVE CABINET OF THE GOVERNOR CONSISTING OF NOT MORE THAN FIFTEEN MEMBERS AS HEADS OF DEPARTMENTS ORGANIZED AS FAR AS PRACTICABLE ACCORDING TO MAJOR PURPOSES AND FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THOSE AGENCIES OR DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT INCLUDED IN THE EXECUTIVE CABINET SHALL PERFORM THEIR FUNCTIONS AND RESPONSIBILITIES UNDER THE AUSPICES AND SUPERVISION OF THE CABINET DEPARTMENT HEAD UNDER WHOSE JURISDICTION THEY COME.

H. 4151--RECALLED FROM THE COMMITTEE
ON MEDICAL, MILITARY, PUBLIC
AND MUNICIPAL AFFAIRS

On motion of Rep. RAMA, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.

H. 4151 -- Reps. Fair, Anderson, Haskins, Beasley and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-116 SO AS TO REQUIRE SPECIFIED HEALTH CARE PROVIDERS TO BE TESTED FOR THE HIV VIRUS AT THE TIME OF APPLICATION FOR LICENSURE, REGISTRATION, OR REAPPPLICATION, TO REQUIRE CONSENT OF PATIENTS BEFORE A HEALTH CARE PROVIDER REFERENCED ABOVE WHO TESTS POSITIVE FOR THE HIV VIRUS MAY PERFORM CERTAIN HEALTH CARE SERVICES FOR THAT PATIENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

H. 4675--RECALLED FROM THE COMMITTEE ON
AGRICULTURE, NATURAL RESOURCES AND
ENVIRONMENTAL AFFAIRS

On motion of Rep. SHARPE, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4675 -- Reps. Beasley and Waites: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO PROVIDE THAT THE CHAIRMAN OF THE COMMISSION MUST BE APPOINTED BY THE GOVERNOR, AND TO PROVIDE THAT A REPRESENTATIVE OF CERTAIN FEDERAL AND STATE AGENCIES IS AUTHORIZED TO ATTEND MEETINGS OF THE COMMISSION IN ORDER TO ACT IN AN ADVISORY CAPACITY TO THE COMMISSION, AND TO AMEND SECTION 46-43-30, RELATING TO OFFICES OF THE COMMISSION AND OTHER RELATED ADMINISTRATIVE MATTERS, SO AS TO DELETE THE STIPULATION THAT THE COMMISSION SHALL ELECT A CHAIRMAN.

H. 4636--RECALLED FROM THE COMMITTEE ON
MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. WILDER, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.

H. 4636 -- Rep. Wilder: A BILL TO AMEND SECTION 58-9-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF AN ADVISORY COMMITTEE TO MONITOR THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE, SO AS TO INCREASE THE COMMITTEE FROM EIGHT TO NINE BY ADDING ONE MEMBER WHO MUST BE HEARING-IMPAIRED AND A MEMBER OF SELF-HELP FOR HARD OF HEARING PEOPLE.

OBJECTION TO RECALL

Rep. STURKIE asked unanimous consent to recall S. 1280 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. BENNETT objected.

H. 4226--DEBATE ADJOURNED

Rep. SNOW moved to adjourn debate upon the Senate amendment to the following Bill until Wednesday, April 22, which was adopted.

H. 4226 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-75 SO AS TO PROVIDE THAT ANY PERSON, NOT A LICENSED VETERINARIAN, WHO BOARDS THE DOMESTIC ANIMALS OF OTHERS ON HIS OWN PREMISES FOR A FEE MAY TRANSFER THE ANIMAL TO AN APPROPRIATE ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER BY WRITTEN CONTRACT OR AGREEMENT AGREED TO PICK UP THE ANIMAL BUT FAILED TO DO SO IF SUCH ACTION IS PERMITTED IN THE WRITTEN CONTRACT OR AGREEMENT.

H. 3875--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3875 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-618, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERS CLOSED TO TRAWLING, SO AS TO CLARIFY THE PRECEDENCE OF THE SECTION.

Rep. BENNETT explained the Senate amendment.

The Senate amendments were agreed to and the Bill, having received three reading in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3632--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the Senate amendment to the following Bill until Tuesday, April 28, which was adopted.

H. 3632 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT SHARES MAY BE ISSUED BY THE BOARD OF DIRECTORS OF A CORPORATION, SO AS TO DELETE THE REQUIREMENT THAT SHARES MUST BE PLACED IN ESCROW IF ISSUED FOR A CONTRACT FOR FUTURE SERVICES SO AS TO MAKE THIS OPTIONAL.

MOTION PERIOD

Rep. SHEHEEN moved to dispense with the Motion Period.

As a first substitute Rep. McTEER moved to recall S. 1446 from the Ways and Means Committee.

As a second substitute Rep. SHEHEEN moved to dispense with the balance of the Motion Period, which was agreed to by a division vote of 44 to 28.

S. 221--DEBATE ADJOURNED

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

S. 221 -- Senator Bryan: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF A JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ADDITIONAL COMMITTEE MEMBERS WHEN MEMBERS OF THE JUDICIARY ARE ELECTED.

Rep. WILKINS moved to adjourn debate upon the Bill until Thursday, April 23.

Rep. McELVEEN moved to table the motion to adjourn debate.

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

Yeas 21; Nays 73

Those who voted in the affirmative are:

Bailey, J.             Boan                   Burch, K.
Byrd                   Carnell                Cobb-Hunter
Cromer                 Farr                   Harrelson
Hodges                 Keyserling             Mattos
McAbee                 McElveen               Rogers
Shirley                Townsend               Tucker
Waites                 White                  Williams, D.

Total--21

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Baker
Baxley                 Beatty                 Brown, G.
Brown, H.              Bruce                  Canty
Cato                   Chamblee               Clyborne
Cooper                 Corbett                Council
Delleney               Elliott, D.            Elliott, L.
Fair                   Felder                 Foster
Fulmer                 Gentry                 Glover
Hallman                Harris, J.             Harrison
Harwell                Haskins                Hendricks
Houck                  Hyatt                  Inabinett
Jaskwhich              Keegan                 Kempe
Kennedy                Kinon                  Kirsh
Klapman                Lanford                Littlejohn
Marchbanks             Martin, L.             McCraw
McGinnis               McTeer                 Meacham
Rama                   Riser                  Ross
Rudnick                Scott                  Sharpe
Sheheen                Smith                  Snow
Stone                  Sturkie                Taylor
Vaughn                 Wells                  Wilder
Wilkes                 Wilkins                Williams, J.
Wofford                Wright                 Young, A.
Young, R.

Total--73

So, the House refused to table the motion to adjourn debate.

The question then recurred to the motion to adjourn debate until Thursday, April 23.

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

The motion to adjourn debate until Thursday, April 23, was agreed to by a division vote of 58 to 34.

H. 4290--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4290 -- Reps. Fulmer, R. Young, McAbee, H. Brown, G. Bailey, Corbett, Harrison, Holt, Wofford, Felder, D. Williams, Baker, Rama, Shissias, A. Young, Byrd, Wright, Corning, Carnell, Stone, Wilder, Keegan, Baxley and Phillips: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF LOBBYISTS AND LOBBYING, SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A GROUP OF MEMBERS OF EITHER OR BOTH HOUSES OF THE GENERAL ASSEMBLY AFFILIATED BASED UPON COMMITMENT TO A PARTICULAR SUBJECT OR ISSUE.

Reps. BEASLEY, R. YOUNG, WELLS and WILKINS proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\19087.SD).

Amend the bill, as and if amended, by adding at the end of Section 2-17-10(11)(c) of the 1976 Code, as contained in Section 1 of this act, the following:

/The prohibitions as provided by law against lobbyists or their principals, with certain exceptions, providing anything of value including meals, beverages, entertainment, lodging, or transportation to a member of the General Assembly continue to apply to any caucus established under the provisions of this subitem./

Amend title to conform.

Rep. R. YOUNG explained the amendment.

SPEAKER IN CHAIR

Rep. R. YOUNG continued speaking.

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

Reps. WELLS, WOFFORD, SMITH and HASKINS proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BR1\2510.AC).

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

/SECTION ___.     Section 2-17-80 of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"Section 2-17-80.     (A)     A lobbyist or a person acting on behalf of a lobbyist shall not offer, solicit, facilitate, or provide to or on behalf of any member of the General Assembly, any legislative caucus, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees any of the following:

(1)     lodging;

(2)     transportation;

(3)     entertainment;

(4)     food, meals, beverages, money, or any other thing of value;

(5)     contributions, as defined in Section 8-13-1300(7).

(B)     A member of the General Assembly, a legislative caucus, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees shall not solicit or receive from a lobbyist or a person acting on behalf of a lobbyist any of the following: (1) lodging; (2) transportation; (3) entertainment; (4) food, meals, beverages, money, or any other thing of value; (5) contributions, as defined in Section 8-13-1300(7).

(C)     Subsections (A)(1) through (A)(4) and subsections (B)(1) through (B)(4) of this section do not apply to the furnishing of lodging, transportation, entertainment, food, meals, beverages, or any other thing of value which also is furnished on the same terms or at the same expense to a member of the general public without regard to status as a public official or public employee.

(D)     Subsections (A)(1), (A)(2), (B)(1), and (B)(2) of this section do not apply to the rendering of emergency assistance given gratuitously and in good faith by a lobbyist, a lobbyist's principal, or any person acting on behalf of a lobbyist or a lobbyist's principal to any member of the General Assembly, any legislative caucus, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees.

(E)     Subsections (A) and (B) do not apply to anything of value given to a family member for love and affection."/

Renumber sections to conform.

Amend title to conform.

Rep. WELLS explained the amendment.

Rep. WELLS moved to adjourn debate upon the amendment.

Rep. SCOTT moved to table the amendment.

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

Yeas 8; Nays 86

Those who voted in the affirmative are:

Brown, J.              Byrd                   Cobb-Hunter
Kennedy                Rhoad                  Scott
Taylor                 White

Total--8

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Baker
Baxley                 Beasley                Beatty
Boan                   Brown, G.              Brown, H.
Bruce                  Burch, K.              Cato
Chamblee               Clyborne               Cooper
Corbett                Council                Cromer
Delleney               Elliott, D.            Elliott, L.
Fair                   Felder                 Fulmer
Gentry                 Hallman                Harrelson
Harris, J.             Harwell                Haskins
Hendricks              Hodges                 Houck
Huff                   Hyatt                  Jaskwhich
Jennings               Keegan                 Kempe
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, L.
Mattos                 McCraw                 McElveen
McGinnis               McKay                  McTeer
Meacham                Nettles                Phillips
Quinn                  Rama                   Riser
Rogers                 Rudnick                Sharpe
Sheheen                Shirley                Shissias
Smith                  Snow                   Stoddard
Stone                  Sturkie                Tucker
Vaughn                 Waites                 Waldrop
Wells                  Wilkes                 Wilkins
Williams, D.           Williams, J.           Wofford
Wright                 Young, A.

Total--86

So, the House refused to table the amendment.

The question then recurred to the motion to adjourn debate, which was agreed to.

Reps. McELVEEN, WAITES, ROGERS and BARBER proposed the following Amendment No. 7, which was adopted.

1 - Strike all but enacting words;

2 - Delete Section 2-17-10(11) of the Code of Laws of South Carolina, which contains the definition of the term "LEGISLATIVE CAUCUS", in its entirety, appropriately renumbering all subsequent subsections;

AND

3 - Amend Section 2-17-90(A)(1) of the Code of Laws of South Carolina by deleting therefrom the words "legislative caucuses".

Rep. McELVEEN explained the amendment.

Rep. WHITE moved to table the amendment.

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

Yeas 17; Nays 87

Those who voted in the affirmative are:

Baxley                 Beatty                 Byrd
Cobb-Hunter            Foster                 Glover
Inabinett              Littlejohn             Martin, D.
Neilson                Rhoad                  Scott
Taylor                 Whipper                White
Wilder                 Williams, D.

Total--17

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Beasley
Bennett                Boan                   Brown, G.
Brown, H.              Bruce                  Burch, K.
Carnell                Cato                   Chamblee
Clyborne               Cooper                 Corbett
Corning                Council                Cromer
Delleney               Elliott, D.            Elliott, L.
Fulmer                 Gentry                 Hallman
Harrelson              Harris, J.             Harrison
Harwell                Haskins                Hendricks
Hodges                 Houck                  Huff
Hyatt                  Jaskwhich              Jennings
Keegan                 Kempe                  Kinon
Kirsh                  Koon                   Lanford
Marchbanks             Martin, L.             Mattos
McAbee                 McCraw                 McElveen
McGinnis               McKay                  McTeer
Meacham                Nettles                Phillips
Quinn                  Rama                   Riser
Rogers                 Ross                   Rudnick
Sharpe                 Sheheen                Shissias
Smith                  Snow                   Stoddard
Stone                  Sturkie                Townsend
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Wilkes
Wilkins                Williams, J.           Wofford
Wright                 Young, A.              Young, R.

Total--87

So, the House refused to table the amendment.

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

AMENDMENT NO. 4--TABLED

Debate was resumed on Amendment No. 4, by Reps. BEASLEY, R. YOUNG, et al.

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

AMENDMENT NO. 5--TABLED

Debate was resumed on Amendment No. 5, by Reps. WELLS, WOFFORD, et al.

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

Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, on second reading, resulting as follows:

Yeas 101; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Beasley                Beatty                 Bennett
Boan                   Brown, G.              Brown, H.
Bruce                  Burch, K.              Byrd
Carnell                Cato                   Chamblee
Clyborne               Cooper                 Corbett
Corning                Council                Cromer
Delleney               Elliott, D.            Elliott, L.
Fair                   Farr                   Felder
Fulmer                 Gentry                 Hallman
Harrelson              Harris, J.             Harrison
Harvin                 Harwell                Haskins
Hendricks              Hodges                 Houck
Huff                   Hyatt                  Jaskwhich
Jennings               Keegan                 Kempe
Kennedy                Keyserling             Kinon
Kirsh                  Koon                   Lanford
Littlejohn             Marchbanks             Martin, D.
Martin, L.             Mattos                 McAbee
McCraw                 McElveen               McGinnis
McLeod                 McTeer                 Meacham
Phillips               Quinn                  Rama
Rhoad                  Riser                  Rogers
Ross                   Rudnick                Scott
Sharpe                 Sheheen                Shirley
Shissias               Smith                  Snow
Stone                  Sturkie                Taylor
Townsend               Tucker                 Vaughn
Waites                 Wells                  Wilder
Wilkes                 Wilkins                Williams, D.
Williams, J.           Wofford                Wright
Young, A.              Young, R.

Total--101

Those who voted in the negative are:

Total--0

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

H. 4392--REJECTED

The following Bill was taken up.

H. 4392 -- Rep. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-7-305 SO AS TO AUTHORIZE CERTAIN ADVERTISING MATERIALS ORIGINATING FROM A REGISTERED PRODUCER OF ALCOHOLIC LIQUORS.

Rep. McLEOD explained the Bill.

Rep. KOON moved to table the Bill, which was not agreed to.

The question then recurred to the passage of the Bill on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 37; Nays 55

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Bailey, G.
Bailey, J.             Barber                 Bennett
Cobb-Hunter            Corning                Council
Cromer                 Elliott, D.            Felder
Fulmer                 Gentry                 Hallman
Harvin                 Houck                  Inabinett
Jennings               Keegan                 Kennedy
Kinon                  McLeod                 McTeer
Quinn                  Rogers                 Ross
Shirley                Shissias               Snow
Stoddard               Waites                 White
Wilkes                 Williams, D.           Wofford
Young, A.

Total--37

Those who voted in the negative are:

Alexander, M.O.        Anderson               Baker
Baxley                 Boan                   Brown, H.
Bruce                  Burch, K.              Byrd
Carnell                Cato                   Chamblee
Clyborne               Cooper                 Corbett
Delleney               Elliott, L.            Fair
Farr                   Harrelson              Harris, J.
Harwell                Haskins                Hendricks
Huff                   Hyatt                  Jaskwhich
Kempe                  Kirsh                  Klapman
Koon                   Lanford                Littlejohn
Marchbanks             Martin, L.             Mattos
McAbee                 McCraw                 Meacham
Neilson                Rama                   Riser
Rudnick                Scott                  Sharpe
Sheheen                Smith                  Stone
Sturkie                Taylor                 Vaughn
Wells                  Wilder                 Wilkins
Wright

Total--55

So, the Bill was rejected.

H. 4390--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4390 -- Reps. Corning, Wright, Shissias, Quinn, Wilkes and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-215 SO AS TO ALLOW A SCHOOL DISTRICT BOARD OF TRUSTEES TO CONSIDER THE PRIOR DISCIPLINARY RECORD IN ANY SCHOOL IN WHICH A STUDENT WAS PREVIOUSLY ENROLLED AND THE STUDENT'S CRIMINAL OR JUVENILE COURT RECORD, TO DETERMINE IF THE STUDENT MEETS THE STANDARDS OF CONDUCT AND BEHAVIOR REQUIRED TO BE ENROLLED IN A SCHOOL IN THE DISTRICT, AND TO PROVIDE THAT BASED ON THE RECORD, THE BOARD MAY BAR THE STUDENT'S ENROLLMENT IN A DISTRICT SCHOOL.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18978.SD), which was adopted.

Amend the bill, as and if amended, by striking Section 59-63-215 of the 1976 Code, as contained in Section 1, and inserting:

/Section 59-63-215.     In determining whether or not a student meets the standards of conduct and behavior promulgated by the board of trustees as necessary for enrollment and attendance in a school in the district, the board shall consider the student's disciplinary record in any school in which the student was previously enrolled and the student's criminal record or record of adjudication of delinquency in any jurisdiction, within or without this State, of violations or activities which constitute violent crimes under Section 16-1-60 or which involve the unlawful use or possession of weapons or the unlawful sale of drugs whether or not deemed to be drug trafficking. Based on this consideration of the student's record, the board may bar his enrollment in the schools of the district./

Amend title to conform.

Rep. CORNING explained the amendment.

The amendment was then adopted.

Rep. WHIPPER moved to commit the Bill to the Committee on Judiciary.

Rep. CORNING moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:

Yeas 85; Nays 14

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Baker                  Baxley
Beasley                Bennett                Boan
Brown, G.              Brown, H.              Bruce
Burch, K.              Carnell                Cato
Chamblee               Clyborne               Cooper
Corbett                Corning                Council
Delleney               Elliott, L.            Fair
Farr                   Felder                 Fulmer
Gentry                 Hallman                Harris, J.
Harrison               Harvin                 Harwell
Haskins                Hendricks              Houck
Huff                   Hyatt                  Jaskwhich
Jennings               Keegan                 Kempe
Kinon                  Kirsh                  Klapman
Koon                   Lanford                Littlejohn
Marchbanks             Martin, L.             Mattos
McAbee                 McCraw                 McGinnis
McKay                  McLeod                 McTeer
Meacham                Phillips               Quinn
Rama                   Rhoad                  Riser
Rogers                 Rudnick                Sharpe
Shirley                Shissias               Smith
Stoddard               Stone                  Sturkie
Townsend               Vaughn                 Waites
Wells                  Wilder                 Wilkes
Wilkins                Williams, D.           Williams, J.
Wofford                Wright                 Young, A.
Young, R.

Total--85

Those who voted in the negative are:

Anderson               Beatty                 Canty
Cobb-Hunter            Foster                 Glover
Inabinett              Kennedy                Martin, D.
Neilson                Scott                  Snow
Taylor                 Whipper

Total--14

So, the motion to table was agreed to.

Rep. CORNING explained the Bill.

Reps. PHILLIPS and CORNING proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\19131.SD), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Article 3, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-217.     (A)     In determining whether or not a student meets the standards of conduct and behavior promulgated by the board of trustees as necessary for enrollment and attendance in a school in the district, the board shall consider the student's disciplinary record in any school in which the student was previously enrolled and the student's criminal record or record of adjudication of delinquency in any jurisdiction, within or without this State, of violations or activities which constitute violent crimes under Section 16-1-60 or which involve the unlawful use or possession of weapons or the unlawful sale of drugs whether or not deemed to be drug trafficking. Based on this consideration of the student's record, the board may bar his enrollment in the schools of the district.

(B)     If the board bars a student from enrolling pursuant to this section, notice must be provided to the student's parent or legal guardian and the student is entitled to a hearing and all other procedural rights afforded under state law to a student subject to expulsion.

(C)     The bar to enrollment allowed by this section applies for a maximum of one year. After the bar is lifted, a student may reapply for enrollment and the board shall order the student enrolled if he otherwise meets enrollment criteria."

SECTION     2.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. PHILLIPS explained the amendment.

The amendment was then adopted.

Rep. CORNING explained the Bill.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 99; Nays 5

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Baker                  Barber
Baxley                 Beasley                Beatty
Bennett                Boan                   Brown, G.
Brown, H.              Bruce                  Burch, K.
Carnell                Cato                   Chamblee
Clyborne               Cooper                 Corbett
Corning                Council                Cromer
Delleney               Elliott, D.            Elliott, L.
Fair                   Farr                   Felder
Foster                 Fulmer                 Gentry
Hallman                Harrelson              Harris, J.
Harrison               Harvin                 Harwell
Haskins                Hendricks              Hodges
Houck                  Huff                   Hyatt
Jaskwhich              Jennings               Keegan
Kempe                  Kennedy                Keyserling
Kinon                  Kirsh                  Klapman
Koon                   Lanford                Littlejohn
Marchbanks             Martin, L.             Mattos
McAbee                 McCraw                 McElveen
McGinnis               McLeod                 McTeer
Meacham                Neilson                Phillips
Quinn                  Rama                   Rhoad
Riser                  Rogers                 Ross
Rudnick                Sharpe                 Sheheen
Shirley                Shissias               Smith
Snow                   Stoddard               Stone
Sturkie                Townsend               Tucker
Vaughn                 Waites                 Wells
Wilder                 Wilkes                 Wilkins
Williams, D.           Williams, J.           Wofford
Wright                 Young, A.              Young, R.

Total--99

Those who voted in the negative are:

Anderson               Cobb-Hunter            Glover
Scott                  Taylor

Total--5

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

H. 4406--ORDERED TO THIRD READING

The following Bill was taken up.

H. 4406 -- Reps. Manly, D. Williams, Cromer, G. Bailey, Rama, Rogers, Hallman, Mattos, Kempe, Smith, Wilkes, Waites, McElveen, Whipper, J. Bailey, Anderson, Rhoad, Beatty, Jennings, Harrelson, Shissias, Barber, Littlejohn, McCraw, Chamblee, Quinn, Corning, Haskins, L. Martin, Cobb-Hunter, Harrison, Sturkie, Riser and Altman: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSES OF PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE EXEMPTION FOR THE PROPERTY OF ANY RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION WHEN THE PROPERTY IS ACQUIRED FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES ON IT FOR SALE TO ECONOMICALLY DISADVANTAGED PERSONS MAY BE CLAIMED FOR UP TO FIVE, RATHER THAN TWO, TAX YEARS ON A SINGLE PROPERTY, SPECIFY THAT THE SALE OF THE PROPERTY BE A NOT-FOR-PROFIT SALE, AND PROVIDE THAT THE TOTAL PROPERTIES FOR WHICH THE RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION MAY CLAIM THIS EXEMPTION MAY NOT EXCEED FIFTEEN ACRES PER COUNTY WITHIN THE STATE.

Rep. KEYSERLING explained the Bill.

Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading resulting as follows:

Yeas 108; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Beasley                Bennett                Boan
Brown, G.              Brown, H.              Brown, J.
Bruce                  Burch, K.              Byrd
Canty                  Carnell                Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corbett                Corning
Council                Delleney               Elliott, D.
Elliott, L.            Fair                   Farr
Felder                 Foster                 Fulmer
Gentry                 Glover                 Hallman
Harrelson              Harris, J.             Harrison
Harvin                 Harwell                Haskins
Hendricks              Hodges                 Houck
Huff                   Hyatt                  Inabinett
Jaskwhich              Jennings               Keegan
Kempe                  Kennedy                Keyserling
Kinon                  Klapman                Koon
Lanford                Littlejohn             Marchbanks
Martin, D.             Martin, L.             Mattos
McAbee                 McCraw                 McElveen
McGinnis               McKay                  McLeod
McTeer                 Meacham                Neilson
Nettles                Quinn                  Rama
Rhoad                  Riser                  Rogers
Ross                   Rudnick                Scott
Sharpe                 Sheheen                Shirley
Shissias               Smith                  Snow
Stoddard               Stone                  Taylor
Townsend               Vaughn                 Waites
Waldrop                Wells                  Whipper
Wilder                 Wilkes                 Wilkins
Williams, D.           Williams, J.           Wofford
Wright                 Young, A.              Young, R.

Total--108

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

Rep. CARNELL moved that the House do now adjourn.

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

Yeas 4; Nays 87

Those who voted in the affirmative are:

Carnell                McAbee                 McLeod
McTeer

Total--4

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Baxley                 Beasley                Bennett
Boan                   Brown, G.              Brown, H.
Bruce                  Burch, K.              Cato
Chamblee               Clyborne               Cooper
Corbett                Corning                Council
Cromer                 Delleney               Elliott, D.
Elliott, L.            Fair                   Farr
Fulmer                 Gentry                 Hallman
Harrelson              Harris, J.             Harrison
Harvin                 Harwell                Haskins
Hendricks              Hodges                 Houck
Huff                   Hyatt                  Inabinett
Jaskwhich              Jennings               Keegan
Kennedy                Keyserling             Kinon
Kirsh                  Klapman                Koon
Lanford                Littlejohn             Marchbanks
Martin, D.             Martin, L.             McCraw
McGinnis               Meacham                Neilson
Quinn                  Rama                   Riser
Rogers                 Ross                   Rudnick
Sharpe                 Sheheen                Shirley
Shissias               Smith                  Snow
Stoddard               Stone                  Sturkie
Townsend               Tucker                 Vaughn
Waldrop                Wells                  Wilder
Wilkins                Williams, J.           Wofford
Wright                 Young, A.              Young, R.

Total--87

So, the House refused to adjourn.

H. 4334--AMENDED AND INTERRUPTED DEBATE

The following Joint Resolution was taken up.

H. 4334 -- Reps. Wilkins, Kirsh, Beasley, M.O. Alexander, Altman, Baker, Bennett, H. Brown, Bruce, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, L. Elliott, Fair, Farr, Fulmer, Gonzales, Hallman, P. Harris, Harrison, Haskins, Hendricks, Huff, Jaskwhich, Keegan, Kempe, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, L. Martin, McGinnis, McKay, Meacham, Quinn, Rama, Rhoad, Riser, Rogers, Sharpe, Shissias, Smith, Snow, Stone, Sturkie, Tucker, Vaughn, Waites, Waldrop, Wells, Wilder, D. Williams, Wofford, Wright, A. Young, R. Young and Council: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE OFFICERS BY ADDING SECTION 10 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY, NOT LATER THAN JANUARY 15, 1995, BY GENERAL LAW SHALL PROVIDE FOR AN EXECUTIVE CABINET OF THE GOVERNOR CONSISTING OF NOT MORE THAN FIFTEEN MEMBERS AS HEADS OF DEPARTMENTS ORGANIZED AS FAR AS PRACTICABLE ACCORDING TO MAJOR PURPOSES AND FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THOSE AGENCIES OR DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT INCLUDED IN THE EXECUTIVE CABINET SHALL PERFORM THEIR FUNCTIONS AND RESPONSIBILITIES UNDER THE AUSPICES AND SUPERVISION OF THE CABINET DEPARTMENT HEAD UNDER WHOSE JURISDICTION THEY COME.

Rep. CARNELL moved to suspend Rule 5.19A.

PARLIAMENTARY INQUIRY

Rep. WILKINS inquired about the member making the motion to suspend Rule 5.19, Subsection A as it would be attempting to change the House Rules.

The SPEAKER stated that the member could do that.

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

Yeas 70; Nays 32

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Baker                  Baxley                 Beasley
Bennett                Brown, H.              Bruce
Burch, K.              Cato                   Chamblee
Clyborne               Cooper                 Corbett
Corning                Council                Elliott, D.
Fair                   Fulmer                 Gentry
Hallman                Harris, J.             Harrison
Haskins                Hendricks              Hodges
Huff                   Hyatt                  Jaskwhich
Keegan                 Kempe                  Keyserling
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, L.
Mattos                 McGinnis               Meacham
Neilson                Quinn                  Rama
Rhoad                  Riser                  Rogers
Ross                   Sharpe                 Sheheen
Shissias               Smith                  Snow
Stone                  Sturkie                Tucker
Vaughn                 Waites                 Wells
Wilder                 Wilkins                Williams, J.
Wofford                Wright                 Young, A.
Young, R.

Total--70

Those who voted in the negative are:

Beatty                 Boan                   Brown, G.
Brown, J.              Byrd                   Canty
Carnell                Cobb-Hunter            Cromer
Delleney               Farr                   Foster
Glover                 Harrelson              Houck
Inabinett              Jennings               Kennedy
McAbee                 McCraw                 McElveen
McLeod                 McTeer                 Rudnick
Scott                  Shirley                Stoddard
Taylor                 Townsend               Whipper
White                  Williams, D.

Total--32

So, the motion to table was agreed to.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18880.SD), which was adopted.

Amend the resolution, as and if amended, in Section 10 of Article VI of the Constitution, as contained in Section 1, by inserting immediately after /jurisdiction/ on line 11 of page 2 /, and nothing in this section shall affect the office, powers, or duties of the constitutional officers of this State/.

When amended, Section 10 of the Constitution shall read:

/Section 10.     The General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor consisting of not more than fifteen members as heads of departments organized as far as practicable according to major purposes and functions as determined by the General Assembly. The department heads in the cabinet so established must be appointed by the Governor upon the advice and consent of the Senate by recorded vote. They shall serve at the pleasure of the Governor with that compensation as provided by law.

Those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come. No legislative or judicial branches of government or the agencies or functions thereof may be made a part of the executive cabinet's jurisdiction, and nothing in this section shall affect the office, powers, or duties of the constitutional officers of this State./

Amend title to conform.

Rep. WILKINS explained the amendment.

Rep. HODGES spoke against the amendment.

Rep. SCOTT moved to continue the Resolution.

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

Yeas 19; Nays 80

Those who voted in the affirmative are:

Anderson               Brown, J.              Byrd
Canty                  Carnell                Cobb-Hunter
Delleney               Glover                 Harrelson
Inabinett              Kennedy                McAbee
McLeod                 McTeer                 Rhoad
Scott                  Taylor                 White
Williams, D.

Total--19

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, J.             Baker                  Barber
Baxley                 Beasley                Bennett
Boan                   Brown, G.              Brown, H.
Burch, K.              Cato                   Chamblee
Clyborne               Cooper                 Corbett
Corning                Council                Elliott, D.
Fair                   Farr                   Felder
Fulmer                 Gentry                 Hallman
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Hendricks
Hodges                 Huff                   Hyatt
Jaskwhich              Keegan                 Kempe
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, L.
Mattos                 McCraw                 McGinnis
Meacham                Neilson                Phillips
Quinn                  Rama                   Riser
Rogers                 Ross                   Rudnick
Sharpe                 Sheheen                Shissias
Smith                  Snow                   Stone
Sturkie                Townsend               Tucker
Vaughn                 Waites                 Waldrop
Wells                  Wilder                 Wilkes
Wilkins                Williams, J.           Wofford
Wright                 Young, A.

Total--80

So, the House refused to continue the Resolution.

Rep. CARNELL moved that the House do now adjourn.

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

Yeas 27; Nays 81

Those who voted in the affirmative are:

Anderson               Bennett                Boan
Brown, G.              Burch, K.              Byrd
Carnell                Cobb-Hunter            Delleney
Foster                 Glover                 Harrelson
Harris, P.             Houck                  Inabinett
Kennedy                Martin, D.             McAbee
McCraw                 McElveen               McLeod
McTeer                 Rhoad                  Shirley
Townsend               Whipper                White

Total--27

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Barber                 Baxley                 Beasley
Beatty                 Brown, H.              Bruce
Cato                   Chamblee               Clyborne
Cooper                 Corbett                Corning
Council                Elliott, D.            Elliott, L.
Fair                   Farr                   Felder
Fulmer                 Gentry                 Hallman
Harris, J.             Harrison               Harvin
Harwell                Haskins                Hendricks
Hodges                 Huff                   Hyatt
Jaskwhich              Jennings               Keegan
Kempe                  Keyserling             Kinon
Kirsh                  Klapman                Koon
Lanford                Littlejohn             Marchbanks
Martin, L.             Mattos                 McGinnis
Meacham                Neilson                Phillips
Quinn                  Rama                   Riser
Rogers                 Ross                   Rudnick
Scott                  Sharpe                 Sheheen
Shissias               Smith                  Snow
Stone                  Sturkie                Taylor
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Wilder
Wilkes                 Wilkins                Williams, D.
Wofford                Wright                 Young, A.

Total--81

So, the House refused to adjourn.

POINT OF ORDER

Rep. McABEE raised the Point of Order that H. 4334 was out of order as it did not have a fiscal impact statement attached. He further stated that the Resolution provided for extra printing costs on the election ballots and in the first section of the Resolution it provided that at some future date the General Assembly shall provide for the executive cabinet of the Governor consisting of not more than 15 members and that there had to be some cost.

Rep. BEASLEY stated that the expenditure being referred to would require subsequent action by the General Assembly and no expenditure would be incurred with regards to creation of a cabinet until such time that the legislature would come back.

The SPEAKER stated that there would have to be a ballot printed for them to vote on.

Rep. L. MARTIN stated that it would be on the general election ballot.

The SPEAKER stated that if you don't have constitutional amendments, then there would not be a section on the ballot.

Rep. L. MARTIN stated that there were already constitutional amendments or if not, there would probably be some.

Rep. HASKINS stated that the ballots were going to be printed anyway and that the one paragraph question was not going to add any printing cost on the ballot and that they were already going to be paying to print the ballot.

Rep. L. MARTIN stated that whatever had been appropriated to the State Election Commission was already in.

The SPEAKER stated that the money had not been appropriated since the Appropriations Bill had not been passed.

Rep. L. MARTIN stated that whatever the line item was in the budget would take care of this item and that you do not have to appropriate further money to accommodate this amendment should it pass.

Rep. McABEE further stated that there was no question that if you had to pay a printer to set the type and the paper and ink costs and even though there was some conformity that there was cost to putting this on the ballot.

Rep. MEACHAM stated that when a county or municipality had a referendum put on the ballot then that was paid for by the Election Commission.

The SPEAKER stated that that was for municipal elections. He further stated that fiscal impact statements from Section 39, Ratification 801 in 1978 which dealt with legislation and required the active expenditure of dollars by an agency and the resolution directed an agency to make a direct expenditure of funds so that you know what the fiscal impact was on either local government or on the agency when they were required to expend the funds and that this merely submitted the question to the voters and did not require the direct expenditure of funds and that there would be an election and that it did not require an additional expenditure of dollars and he overruled the Point of Order.

POINT OF ORDER

Rep. McABEE raised the Point of Order that H. 4334 was out of order as it should have been referred to the Ways and Means Committee in compliance with Rule 4.4 in that it had terminology in the Resolution that provided for 15 cabinet members and there had to be some cost involved and an appropriation of money whether it was now or in the future.

The SPEAKER stated that an amendment to the Constitution was a three fold process and first, there was debate and the passage of a Joint Resolution in the General Assembly which has to pass by two thirds vote of the total membership of the House and that second, there was the submission of the question on the ballot to the voters and if it passed then, then there was a third step which the 1993 General Assembly would have to ratify the decision of the voters in November. He further stated that if the next General Assembly never ratified by Act the decision of the voters in November and if the amendment passed, then it would never become a part of the Constitution and then after that, if the subsequent General Assembly after ratification enacted the cabinet form of government which would require the appropriation of dollars by the creation of state agencies and the expenditure of funds, then that Bill may very well have to go to Ways and Means, but that this one did not.

Rep. McABEE further argued, citing Rule 5.13, that each Bill affecting the expenditure of money by the State shall prior to receiving second reading have attached to it in writing such comment of the State Auditor.

The SPEAKER stated that this did not require any expenditure of dollars.

Rep. McABEE stated that if it was in effect passed by the people in the general election then it did.

The SPEAKER stated that before it became affectively a part of the Constitution that there was another Act which would have to be passed in the next General Assembly which ratified the decision of the people and that Act and the subsequent Act which organized the cabinet form of government may be required to have a fiscal impact statement attached.

Rep. McABEE continued to argue that the last sentence in Rule 5.13 required any committee chairman to put an impact statement on the Bill.

The SPEAKER stated that it did not have to be on a proposal that was on a constitutional amendment and he overruled the Point of Order.

MOTION NOTED

Rep. RAMA moved to reconsider the vote whereby H. 4392 was rejected and the motion was noted.

Rep. McABEE spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. McABEE continued speaking.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. J. HARRIS a leave of absence for the remainder of the day.

Rep. KIRSH spoke in favor of the amendment.

MOTION NOTED

Rep. KEMPE moved to reconsider the vote whereby H. 4290 was given a second reading and the motion was noted.

Rep. McELVEEN spoke against the amendment.

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

Yeas 50; Nays 56

Those who voted in the affirmative are:

Altman                 Anderson               Bailey, G.
Bailey, J.             Barber                 Baxley
Beatty                 Boan                   Brown, G.
Brown, J.              Burch, K.              Byrd
Carnell                Cobb-Hunter            Farr
Foster                 Gentry                 Glover
Harrelson              Harris, P.             Harvin
Houck                  Inabinett              Kempe
Kennedy                Kinon                  Koon
Martin, D.             Mattos                 McAbee
McCraw                 McElveen               McLeod
McTeer                 Phillips               Rhoad
Ross                   Rudnick                Scott
Sheheen                Shirley                Snow
Sturkie                Taylor                 Townsend
Whipper                White                  Wilkes
Williams, D.           Williams, J.

Total--50

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Beasley
Brown, H.              Cato                   Chamblee
Clyborne               Cooper                 Corbett
Corning                Council                Cromer
Delleney               Elliott, D.            Elliott, L.
Fair                   Felder                 Fulmer
Hallman                Harrison               Harwell
Haskins                Hendricks              Hodges
Huff                   Hyatt                  Jennings
Keegan                 Keyserling             Kirsh
Klapman                Lanford                Littlejohn
Marchbanks             Martin, L.             McGinnis
Meacham                Neilson                Quinn
Rama                   Riser                  Rogers
Sharpe                 Shissias               Smith
Stone                  Tucker                 Vaughn
Waites                 Waldrop                Wells
Wilkins                Wofford                Wright
Young, A.              Young, R.

Total--56

So, the House refused to adjourn.

Rep. WILKINS moved immediate cloture on the entire matter.

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

Yeas 48; Nays 59

Those who voted in the affirmative are:

Alexander, M.O.        Beasley                Brown, H.
Cato                   Clyborne               Cooper
Corbett                Corning                Council
Cromer                 Elliott, L.            Fair
Fulmer                 Hallman                Harrison
Harwell                Haskins                Hendricks
Huff                   Hyatt                  Keegan
Kirsh                  Klapman                Lanford
Littlejohn             Marchbanks             Martin, L.
McGinnis               McKay                  Meacham
Quinn                  Rama                   Riser
Sharpe                 Shissias               Smith
Stone                  Tucker                 Vaughn
Waites                 Waldrop                Wells
Wilder                 Wilkins                Wofford
Wright                 Young, A.              Young, R.

Total--48

Those who voted in the negative are:

Alexander, T.C.        Altman                 Anderson
Bailey, G.             Bailey, J.             Barber
Baxley                 Beatty                 Boan
Brown, G.              Brown, J.              Burch, K.
Byrd                   Carnell                Chamblee
Cobb-Hunter            Delleney               Elliott, D.
Farr                   Felder                 Foster
Gentry                 Glover                 Harrelson
Harris, P.             Harvin                 Hodges
Houck                  Jennings               Kempe
Kennedy                Keyserling             Kinon
Koon                   Martin, D.             Mattos
McAbee                 McCraw                 McElveen
McLeod                 McTeer                 Neilson
Phillips               Rhoad                  Rogers
Ross                   Rudnick                Scott
Sheheen                Shirley                Snow
Sturkie                Taylor                 Townsend
Whipper                White                  Wilkes
Williams, D.           Williams, J.

Total--59

So, immediate cloture was rejected.

Rep. McABEE moved to table the amendment.

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

Yeas 20; Nays 76

Those who voted in the affirmative are:

Baxley                 Burch, K.              Byrd
Carnell                Cobb-Hunter            Delleney
Foster                 Harrelson              Kennedy
McAbee                 McCraw                 McLeod
McTeer                 Neilson                Rhoad
Ross                   Rudnick                Scott
Taylor                 White

Total--20

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, J.             Barber                 Beasley
Boan                   Brown, G.              Brown, H.
Brown, J.              Canty                  Cato
Chamblee               Clyborne               Cooper
Corbett                Corning                Council
Cromer                 Elliott, D.            Fair
Farr                   Felder                 Fulmer
Gentry                 Hallman                Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hendricks              Hodges
Huff                   Hyatt                  Jennings
Keegan                 Kempe                  Keyserling
Kinon                  Kirsh                  Klapman
Koon                   Lanford                Littlejohn
Marchbanks             Martin, L.             Mattos
McElveen               McGinnis               Meacham
Phillips               Quinn                  Rama
Riser                  Rogers                 Sharpe
Sheheen                Shirley                Shissias
Smith                  Stone                  Sturkie
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Wells
Wilder                 Wilkes                 Wilkins
Wofford                Wright                 Young, A.
Young, R.

Total--76

So, the House refused to table the amendment.

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

MOTION TABLED

Rep. CARNELL moved to suspend Rule 5.19A.

Rep. WILKINS moved to table the motion.

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

The motion to table was agreed to by a division vote of 51 to 48.

Reps. BAXLEY and NEILSON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\19026.SD).

Amend the resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     It is proposed that Section 7, Article VI of the Constitution of this State be amended to read:

"Section     7.     (A)     Subject to the provisions of subsection (C) below, there There shall must be elected by the qualified voters of the State appointed by the Governor, with the advice and consent of the Senate, a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, Comptroller General, Commissioner of Agriculture, and an Adjutant General who shall hold their respective offices for a term of four years, coterminous with that of the Governor. The duties and compensation of such these offices shall must be prescribed by law and their compensation shall may be neither increased nor diminished during the period for which they shall have been elected appointed.

(B)     The constitutional officers enumerated in this section who were elected and who are serving in office on the effective date of ratification of the provisions in this section providing for these offices to be filled by appointment of the Governor shall continue to serve until their current terms of office expire.

(C)     Nothing contained in this section shall prevent the elimination of one or more of the constitutional officers enumerated herein and their duties and functions by the General Assembly by general law through government reorganization or reduction."

SECTION     2.     The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 7, Article VI of the Constitution of this State relating to state officers be amended so as to provide that the offices of Secretary of State, Attorney General, Treasurer, Superintendent of Education, Comptroller General, Commissioner of Agriculture, and Adjutant General, if not otherwise eliminated by the General Assembly through government reorganization or reduction, must be filled by appointment by the Governor, with the advice and consent of the Senate, instead of popular election by the qualified electors of this State?

Yes [ ]
No [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

SECTION     3.     A statewide advisory referendum must be conducted at the same time as the 1992 general election with the following question submitted to the qualified electors of the State:

"Do you favor the General Assembly, not later than January 15, 1995, by general law providing for a reduction in and reorganization of the boards, commissions, and committees of this State organized as far as practicable according to major purposes and functions as determined by the General Assembly?

Yes         _
No         _

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

The commissioners of election of the several counties of this State shall conduct and supervise this referendum in the manner governed by the election laws of this State, mutatis mutandi. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the referendum, including the counting of ballots and declaring the results. The commissioners of election in each county shall advertise the date of the referendum ninety days preceding it in a newspaper of general circulation in that county and shall publish a second notice thirty days before the referendum. The costs of the referendum must be borne by the State./

Amend title to conform.

Rep. BAXLEY explained the amendment.

Rep. J. BAILEY moved that the House do now adjourn, which was adopted by a division vote of 66 to 32.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 2.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4301 -- Reps. Koon, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, Boan, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH IN JUNE, 1991, OF CURRIE B. SPIVEY, JR., CHAIRMAN OF THE STATE DEVELOPMENT BOARD, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND REQUESTING THE STATE DEVELOPMENT BOARD TO TAKE THE NECESSARY STEPS TO SET UP A TRUST IN MEMORY OF CURRIE SPIVEY TO ENHANCE AND PROMOTE NEW ELEMENTS OF BUSINESS DEVELOPMENT IN SOUTH CAROLINA.

H. 4772 -- Reps. R. Young, A. Young and Wofford: A CONCURRENT RESOLUTION TO CONGRATULATE THE R. B. STALL HIGH SCHOOL IN CHARLESTON FOR WINNING THE STATE NATIONAL BICENTENNIAL COMPETITION SPONSORED BY THE SOUTH CAROLINA BAR LAW RELATED EDUCATION COMMITTEE.

H. 4773 -- Rep. G. Bailey: A CONCURRENT RESOLUTION CONGRATULATING MR. NICHOLAS P. "NICK" ANAGNOST, STATE DIRECTOR OF THE FARMER'S HOME ADMINISTRATION, UPON RECEIVING THE ADMINISTRATOR'S AWARD FOR SUSTAINED PERFORMANCE IN DELIVERING, PROCESSING, AND SERVICING COMMUNITY AND BUSINESS IN THIS STATE DURING FISCAL YEAR 1991 PRESENTED TO HIM BY THE UNITED STATES DEPARTMENT OF AGRICULTURE, FARMER'S HOME ADMINISTRATION.

ADJOURNMENT

At 5:35 P.M. the House in accordance with the motion of Rep. RAMA adjourned in memory of William R. Risher, longtime member of Citadel Board of Visitors, to meet at 10:00 A.M. tomorrow.

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