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

TUESDAY, MARCH 9, 1993

Tuesday, March 9, 1993
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

As we continue the business to which You have called us, we ask, Lord, in all earnestness for Your constant and uninterrupted guidance. We need wisdom greater than our own. Make of us instruments in Your hands to accomplish Your mighty plans and purposes. Enable us to use every yesterday as an experience, to see every tomorrow as a day of hope, but to seize every opportunity of today so as to make every yesterday a day of great reward and every tomorrow as a day of hopeful expectation. Teach us as individuals that ones accomplishments in life are in direct proportion to his commitment to excellence.

We pray with the Psalmist: "Teach me Your way, O Lord." (Psalm 27:11a) Amen.

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

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

MOTION ADOPTED

Rep. KLAUBER moved that when the House adjourns, it adjourn in memory of Rev. Zeddie Mackey, which was agreed to.

REGULATIONS RECEIVED

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

Document No. 1609
Promulgated By Board of Pharmacy
Definitions
Received By Speaker March 8, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date February 12, 1994

Document No. 1610
Promulgated By Board of Pharmacy
Patient Counseling
Received By Speaker March 8, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date February 12, 1994

Document No. 1611
Promulgated By Board Pharmacy
Home Health Care
Received By Speaker March 8, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date February 12, 1994

CONCURRENT RESOLUTION

The following was introduced:

H. 3665 -- Rep. Davenport: A CONCURRENT RESOLUTION REQUESTING THE STATE ATTORNEY GENERAL, IN CONJUNCTION WITH THE CHIEF INSURANCE COMMISSIONER AND THE STATE CONSUMER ADVOCATE, TO INVESTIGATE INSURANCE COMPANIES DOING BUSINESS IN THIS STATE IN THEIR THIRD PARTY PRACTICES AND TO TAKE THE NECESSARY STEPS TO BRING THESE PRACTICES TO AN END AND TO RECOVER CERTAIN FUNDS.

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

INTRODUCTION OF BILLS

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

H. 3666 -- Reps. Neal, Whipper, Littlejohn, Clyborne, Cobb-Hunter, Breeland, White, Harvin, Scott, Byrd, Delleney, Shissias, Allison, Wells, Beatty, Sturkie, Robinson, Jaskwhich, Moody-Lawrence, Vaughn, Stille, Phillips, Thomas, Mattos, Neilson, Graham and Riser: A BILL TO AMEND SECTION 20-7-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE THAT ALL REPORTS OF ABUSE OR NEGLECT RECEIVED BY TELEPHONE ARE RECORDED AND THAT THE IDENTITY OF THE CALLER IS CONFIDENTIAL AND MUST BE PROTECTED FROM DISCLOSURE.

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

H. 3667 -- Rep. Harrison: A BILL TO AMEND SECTION 11-35-3245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ARCHITECTS AND ENGINEERS PERFORMING OTHER WORK ON PROJECT CONTRACTS AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT CONSTRUCTION MANAGERS PERFORMING CONSTRUCTION MANAGING SERVICES UNDER THESE CONTRACTS ARE ALSO PROHIBITED FROM PERFORMING OTHER WORK, AND TO PROVIDE THAT AN ARCHITECTURAL OR ENGINEERING FIRM, OR A COMBINATION THEREOF, AND A CONSTRUCTION MANAGEMENT FIRM MAY NOT HAVE A VESTED INTEREST IN THE OTHER'S BUSINESS.

Referred to Committee on Labor, Commerce and Industry.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, J.
Beatty                 Boan                   Breeland
Brown, G.              Brown, J.              Byrd
Canty                  Carnell                Cato
Chamblee               Clyborne               Corning
Cromer                 Elliott                Farr
Gamble                 Gonzales               Graham
Hallman                Harrell                Harrelson
Harris, J.             Harris, P.             Harrison
Harwell                Haskins                Hines
Hodges                 Holt                   Hutson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Koon                   Littlejohn             Marchbanks
Mattos                 McAbee                 McCraw
McKay                  McLeod                 McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Rhoad                  Richardson
Robinson               Rogers                 Rudnick
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stoddard               Stone
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Whipper
White                  Wilder, D.             Wilkins
Williams               Witherspoon            Wofford
Worley                 Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 9.

Michael L. Fair                   James N. Law
Annette Young                     F.G. Delleney, Jr.
C. Lenoir Sturkie                 David A. Wright
John W. Riser                     Olin R. Phillips
Denny W. Neilson                  Robert A. Barber, Jr.
Harry C. Stille                   John L. Scott, Jr.
Ronald C. Fulmer                  Morgan Martin
Daniel T. Cooper                  C. Alex Harvin, III
G. Ralph Davenport, Jr.           Thomas E. Huff
Michael F. Jaskwhich              Dell Baker
Ronald P. Townsend                Jerry N. Govan, Jr.
June S. Shissias                  Steve P. Lanford
William S. Houck, Jr.             Carole C. Wells
Richard M. Quinn, Jr.             Gilda Cobb-Hunter
Timothy C. Wilkes                 John G. Felder
Henry E. Brown, Jr.               George H. Bailey
Joseph T. McElveen, Jr.
Total Present--122

LEAVES OF ABSENCE

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

The SPEAKER granted Rep. H. BROWN a temporary leave of absence.

The SPEAKER granted Reps. J. WILDER and BAXLEY a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. E. Conyer O'Bryan of Florence is the Doctor of the Day for the General Assembly.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 387 -- Senator Drummond: A BILL TO AUTHORIZE THE TRUSTEES OF GREENWOOD SCHOOL DISTRICT 52 IN GREENWOOD COUNTY TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.

S. 477 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SCHOOL SUPERINTENDENT OF LAURENS SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE DEFINED MINIMUM PROGRAM FOR SO LONG AS THE SUPERINTENDENT OF THE DISTRICT IS A REEMPLOYED RETIREE OF THE SOUTH CAROLINA RETIREMENT SYSTEM.

S. 87 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 61-3-1000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE SIGNS WHICH INDICATE WHETHER THE BUSINESS IS OPEN OR CLOSED.

SENT TO THE SENATE

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

H. 3400 -- Reps. Harwell, Rudnick, Elliott, Jennings, McKay, Kirsh, Boan, Hodges, J. Harris, Spearman, Gonzales and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-80 SO AS TO PROVIDE FOR THE MANNER IN WHICH CERTAIN ASSIGNMENTS OR COLLATERAL ASSIGNMENTS OF RENTS, ISSUES, OR PROFITS ARE VALID, ENFORCEABLE AND PERFECTED.

H. 3605 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, RELATING TO SPECIAL NEEDS FINANCING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1535, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3606 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, RELATING TO THE DOWNPAYMENT ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1534, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3633 -- Rep. Jennings: A BILL TO AMEND SECTION 15-9-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON DOMESTIC CORPORATIONS, SECTION 15-9-240, AS AMENDED, RELATING TO SERVICE OF PROCESS ON AUTHORIZED FOREIGN CORPORATIONS, AND SECTION 36-2-806, RELATING TO THE MANNER AND PROOF OF SERVICE OF PROCESS SERVED OUTSIDE THE STATE, SO AS TO CONFORM THE PROVISIONS OF THESE SECTIONS TO THE SERVICE OF PROCESS RULES CONTAINED IN THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

H. 3557 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO TRANSFER TWO HUNDRED THOUSAND DOLLARS FROM ACCOUNTS OF THE HOUSE OF REPRESENTATIVES DESIGNATED BY THE SPEAKER TO THE JUDICIAL DEPARTMENT TO ASSIST IN THE PAYMENT OF MILEAGE AND SUBSISTENCE EXPENSES INCURRED BY JUDGES AND JUSTICES FROM APRIL 1, 1993, THROUGH JUNE 30, 1993, AND TO PROVIDE THE TERMS AND CONDITIONS OF THE PAYMENT OF THESE EXPENSES.

H. 3610--DEBATE ADJOURNED

The following Bill was taken up.

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

Rep. BOAN moved to adjourn debate upon the Bill until Wednesday, March 10, which was adopted.

H. 3057--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15143SD.93), which was adopted.

Amend the bill, as and if amended, by striking Section 16-3-1075 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 16-3-1075.     (A)     For purposes of this section:

(1)     "Great bodily injury" has that meaning as defined in Section 56-5-2945(B).

(2)     "Deadly weapon" means an instrument capable of inflicting death or great bodily injury.

(B)     Whoever, possessing a deadly weapon, takes a motor vehicle from another while that person is operating the vehicle or while a person is in the vehicle by force and violence or by intimidation, or attempts to do so, is guilty of the felony of carjacking, and upon conviction must:

(1)     be imprisoned by not more than fifteen years; or

(2)     if great bodily injury results, be imprisoned not more than twenty-five years./

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

H. 3105--DEBATE ADJOURNED

The following Bill was taken up.

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

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

Rep. CROMER explained the amendment and moved to adjourn debate upon the Bill until Wednesday, March 10, which was adopted.

S. 60--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4330AL.93), which was adopted.

Amend the bill, as and if amended, Section 23-11-110(A)(7), SECTION 1, page 2, by striking item (7) and inserting:

/(7)     be fingerprinted and have the State Law Enforcement Division make a search of local, state, and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of any law enforcement agency and must be made available to SLED sixty days before the close of qualification for election to the office with the records search to be filed with the county executive committee of the person's political party. A person seeking nomination by petition must file the records search with the county election commission in the county of his residence./

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

H. 3640--DEBATE ADJOURNED

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

H. 3640 -- Reps. Wilkins, Anderson, Vaughn, Haskins, Cato, Jaskwhich, M.O. Alexander, McMahand, Mattos, Baker and Clyborne: A BILL TO AMEND SECTION 6-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO DISTRICTS IN COUNTIES THAT HAVE ADOPTED BY ORDINANCE UNIFORM ELECTION DATES FOR DISTRICTS WITHIN THOSE COUNTIES BEFORE THE EFFECTIVE DATE OF THIS SECTION, AND AUTHORIZE THE FILING OF A STATEMENT OF CANDIDACY BY A CANDIDATE IN ORDER TO HAVE HIS NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF A SPECIAL PURPOSE DISTRICT.

H. 3371--DEBATE ADJOURNED

The following Bill was taken up.

H. 3371 -- Reps. Carnell and Farr: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE; TO AMEND SECTIONS 58-3-20 AND 58-3-24, RELATING TO THE PUBLIC SERVICE COMMISSION AND ITS MEMBERSHIP, SO AS TO DELETE REFERENCES TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, AND 58-3-25, RELATING TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL.

Rep. FARR moved to adjourn debate upon the Bill until Tuesday, March 30, which was adopted.

H. 3546--OBJECTIONS

The following Bill was taken up.

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 30, SO AS TO ESTABLISH WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT SIXTEEN DEPARTMENTS TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY AND TO ESTABLISH WITHIN EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, TO PROVIDE THAT CERTAIN OTHER AGENCIES OR DEPARTMENTS OF STATE GOVERNMENT SHALL PERFORM THEIR DUTIES AND FUNCTIONS AS A PART OF AND UNDER THE SUPERVISION OF DESIGNATED CONSTITUTIONAL OFFICERS OR THE JUDICIAL DEPARTMENT, TO AMEND CHAPTER 23 OF TITLE 1 OF THE 1976 CODE, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES BY ADDING ARTICLE 5, SO AS TO ESTABLISH THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION THE JUDGES OF WHICH SHALL HEAR, DETERMINE AND PRESIDE OVER CONTESTED CASES OF CERTAIN STATE AGENCIES, DEPARTMENTS, DIVISIONS, AND COMMISSIONS, TO AMEND THE STATE ADMINISTRATIVE PROCEDURES ACT SO AS TO REVISE THE MANNER IN WHICH REGULATIONS ARE APPROVED AND TAKE EFFECT, TO ABOLISH SPECIFIED BOARDS, COMMISSIONS, AND COMMITTEES OF THIS STATE, TO PLACE THE DEPARTMENT OF ARCHIVES AND HISTORY UNDER THE UNIVERSITY OF SOUTH CAROLINA, TO DESIGNATE THE OFFICE OF APPELLATE DEFENSE AS THE OFFICE OF INDIGENT DEFENSE AND REVISE ITS DUTIES AND FUNCTIONS, TO PROVIDE FOR TRANSITIONAL PROVISIONS IN REGARD TO THIS ACT, TO PROVIDE FOR A JULY 1, 1993, EFFECTIVE DATE, AND TO AMEND, ADD, AND REPEAL CERTAIN SECTIONS OF THE 1976 CODE SO AS TO REVISE THEM IN CONFORMITY WITH THE ABOVE PROVISIONS.

Reps. WILKINS, HODGES, McLEOD, BEATTY AND HASKINS objected to the Bill.

STATEMENT BY REP. G. BROWN

Rep. G. BROWN, with unanimous consent, made a statement regarding his motion to have H.3611, the Restructuring Bill, read on Monday, March 8.

STATEMENT BY REP. J. BROWN

Rep. J. BROWN, with unanimous consent, made a statement relative to the Restructuring Bill.

H. 3579--AMENDED, ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3579 -- Reps. Cooper, Davenport, Townsend, Cato, Robinson, Allison, Wells, Walker, Littlejohn, D. Smith, Wilkins, Marchbanks, P. Harris and Vaughn: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SEEK AVAILABLE FEDERAL FUNDING IN SUPPORT OF INFRASTRUCTURE GROWTH IN THE COMMUNITIES OF GREENVILLE, ANDERSON, PICKENS, SPARTANBURG, AND LAURENS COUNTIES.

Amend Title To Conform

Whereas, there is presently a climate of dynamic growth and the potential for continued steady growth in the communities of Greenville, Anderson, Pickens, Spartanburg, Laurens, Charleston, Berkeley, and Dorchester counties, and a consortium of business and governmental leaders has been formed to develop long-range infrastructure planning in the Reedy, Saluda, and Enoree River basins; and

Whereas, Anderson County is also developing a 201 Plan for the Lower Saluda River basin to meet future needs; and

Whereas, these planning efforts are immediately necessary and entail significant costs. These planners seek aid and assistance from the South Carolina Congressional Delegation to make available relevant funding. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, respectfully urges the South Carolina Congressional Delegation to aid and allocate federal funding for infrastructure planning to benefit Greenville, Anderson, Pickens, Spartanburg, Laurens, Charleston, Berkeley, and Dorchester Counties.

Be it further resolved that a copy of this resolution be forwarded to all eight members of the South Carolina Congressional Delegation at Washington, D.C., to the Leadership Infrastructure Consortium, Western Carolina Regional Sewer Authority, the Administrator of Anderson County, and the governing bodies of Charleston, Dorchester, and Berkeley counties.

Rep. R. YOUNG proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10334JM.93), which was adopted.

Amend the concurrent resolution, as and if amended, by striking the first "Whereas" clause and inserting:

/Whereas, there is presently a climate of dynamic growth and the potential for continued steady growth in the communities of Greenville, Anderson, Pickens, Spartanburg, Laurens, Charleston, Berkeley, and Dorchester Counties, and a consortium of business and governmental leaders has been formed to develop long-range infrastructure planning in the Reedy, Saluda, and Enoree River basins; and/

Amend, further, by striking all after the resolving words and inserting:

/That the General Assembly of the State of South Carolina, by this resolution, respectfully urges the South Carolina Congressional Delegation to aid and allocate federal funding for infrastructure planning to benefit Greenville, Anderson, Pickens, Spartanburg, Laurens, Charleston, Berkeley, and Dorchester Counties.

Be it further resolved that a copy of this resolution be forwarded to all eight members of the South Carolina Congressional Delegation at Washington, D.C., to the Leadership Infrastructure Consortium, Western Carolina Regional Sewer Authority, the Administrator of Anderson County, and the governing bodies of Charleston, Dorchester, and Berkeley Counties./

Amend title to conform.

Rep. R. YOUNG explained the amendment.

The amendment was then adopted.

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

MOTION PERIOD

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

H. 3611--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the reading of the Bill, line 9, Pg. 47.

H. 3611 -- Judiciary Committee: A BILL TO RESTRUCTURE THE EXECUTIVE BRANCH BY REORGANIZING DEPARTMENTS. (Abbreviated Title)

Rep. HODGES moved to adjourn debate upon the Bill until Wednesday, March 10, which was adopted.

H. 3147--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, March 10, which was adopted.

H. 3147 -- Reps. Corning, Hallman, Fulmer, Quinn, Clyborne, Jaskwhich, Holt, Barber, A. Young, Davenport, Richardson, Cato, Shissias, Harrison, Hodges, D. Smith, Vaughn, Riser, Beatty, J. Bailey, Gonzales, Littlejohn, Houck, Lanford, R. Young, Meacham, Harrell, Simrill, Rogers, Walker, Thomas, Wright and Waites: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF CANDIDATES IN GENERAL ELECTIONS, SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY, SECTION 7-13-40, AS AMENDED, RELATING TO THE DATE OF PARTY PRIMARIES, CERTIFICATION OF NAMES FOR PRIMARY BALLOTS, AND FILING FEES, AND SECTION 7-13-350, RELATING TO PLACING THE NAME OF CERTIFIED CANDIDATES ON THE BALLOT NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO REVISE THE PRIMARY DATE AND RELATED FILING AND CERTIFICATION DATES AND PROVIDE FOR A PRIMARY ON THE FOURTH TUESDAY IN AUGUST.

H. 3058--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Joint Resolution until Wednesday, March 10, which was adopted.

H. 3058 -- Reps. Wilkins, Rogers, Huff, Jaskwhich, Graham, T.C. Alexander, Boan, Hodges, Cato, Wells and Clyborne: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

H. 3059--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, March 10, which was adopted.

H. 3059 -- Reps. Wilkins, Clyborne, Rogers, Huff, Jaskwhich, T.C. Alexander, Boan, Hodges, Wells, Cato and Graham: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, AS AMENDED, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER TENTH TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO PROVIDE THAT THE FEBRUARY FIFTEENTH FORECAST MAY BE ADJUSTED DOWNWARD MONTHLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

H. 3310--OBJECTION AND DEBATE ADJOURNED

The following Bill was taken up.

H. 3310 -- Reps. Phillips, Rogers, McTeer, A. Young and Meacham: A BILL TO AMEND SECTION 59-63-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE OF ATTENDANCE FOR THE PUBLIC SCHOOLS OF THIS STATE AND SECTION 59-65-10, RELATING TO THE RESPONSIBILITY OF PARENTS OR GUARDIANS TO CAUSE THEIR CHILDREN TO ATTEND SCHOOL SO AS TO CHANGE FROM NOVEMBER FIRST TO SEPTEMBER FIRST THE DATE IN A PARTICULAR SCHOOL YEAR WHICH DETERMINES A CHILD'S ELIGIBILITY FOR ATTENDANCE BASED ON AGE.

Rep. CROMER objected to the Bill.

Rep. PHILLIPS moved to adjourn debate upon the Bill until Wednesday, March 10, which was adopted.

H. 3098--DEBATE ADJOURNED

Rep. PHILLIPS moved to adjourn debate upon the following Bill until Tuesday, March 30, which was adopted.

H. 3098 -- Rep. Phillips: 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 SELECTIVE SERVICE BOARD MEMBERS, INCLUDING PROVISIONS THAT MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

H. 3411--DEBATE ADJOURNED

Rep. T.C. ALEXANDER moved to adjourn debate upon the following Bill until Wednesday, March 10, which was adopted.

H. 3411 -- Reps. T.C. Alexander, M.O. Alexander, Gamble, R. Smith and A. Young: A BILL TO AMEND SECTIONS 42-7-10, AS AMENDED, 42-7-20, 42-7-30, 42-7-70, 42-7-75, AS AMENDED, AND 42-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION FUND, SO AS TO CHANGE THE NAME OF THAT FUND TO THE "STATE ACCIDENT FUND"; TO PROVIDE THAT, UPON THE EFFECTIVE DATE OF THIS ACT, THE STATE WORKERS' COMPENSATION FUND SHALL BE KNOWN AS THE STATE ACCIDENT FUND, PROVIDE FOR THIS NAME CHANGE IN OTHER PLACES IN THE 1976 CODE OR OTHER STATUTES OF THE STATE, AND PROVIDE FOR THE EXHAUSTION OF ALL CURRENT FORMS, STATIONERY, AND OTHER PRINTED MATERIAL REFLECTING THE NAME, "STATE WORKERS' COMPENSATION FUND".

H. 3546--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 30, SO AS TO ESTABLISH WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT SIXTEEN DEPARTMENTS TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY AND TO ESTABLISH WITHIN EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, TO PROVIDE THAT CERTAIN OTHER AGENCIES OR DEPARTMENTS OF STATE GOVERNMENT SHALL PERFORM THEIR DUTIES AND FUNCTIONS AS A PART OF AND UNDER THE SUPERVISION OF DESIGNATED CONSTITUTIONAL OFFICERS OR THE JUDICIAL DEPARTMENT, TO AMEND CHAPTER 23 OF TITLE 1 OF THE 1976 CODE, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES BY ADDING ARTICLE 5, SO AS TO ESTABLISH THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION THE JUDGES OF WHICH SHALL HEAR, DETERMINE AND PRESIDE OVER CONTESTED CASES OF CERTAIN STATE AGENCIES, DEPARTMENTS, DIVISIONS, AND COMMISSIONS, TO AMEND THE STATE ADMINISTRATIVE PROCEDURES ACT SO AS TO REVISE THE MANNER IN WHICH REGULATIONS ARE APPROVED AND TAKE EFFECT, TO ABOLISH SPECIFIED BOARDS, COMMISSIONS, AND COMMITTEES OF THIS STATE, TO PLACE THE DEPARTMENT OF ARCHIVES AND HISTORY UNDER THE UNIVERSITY OF SOUTH CAROLINA, TO DESIGNATE THE OFFICE OF APPELLATE DEFENSE AS THE OFFICE OF INDIGENT DEFENSE AND REVISE ITS DUTIES AND FUNCTIONS, TO PROVIDE FOR TRANSITIONAL PROVISIONS IN REGARD TO THIS ACT, TO PROVIDE FOR A JULY 1, 1993, EFFECTIVE DATE, AND TO AMEND, ADD, AND REPEAL CERTAIN SECTIONS OF THE 1976 CODE SO AS TO REVISE THEM IN CONFORMITY WITH THE ABOVE PROVISIONS.

Rep. HODGES requested that the Bill be read.

The Reading Clerk read the Bill.

POINT OF ORDER

Rep. McELVEEN raised the Point of Order that the Bill was out of order in compliance with Rule 5.2 in that it specifically mentioned that certain Sections, Chapters and Titles of the General Statute or the Code of Laws were being amended and that it did not express in the title the subject matters of all of those Sections, Titles and Chapters. He further stated that it did not give the full text of all sections that were being amended or repealed as required by Rule 5.2.

The SPEAKER stated the Bill as introduced by the authors was a skeleton bill which was an accepted procedure and there were no proposed amendments by those authors. He further stated that if the House chose not to amend the Bill, then no sections of the law would be amended and if the House chose to adopt an amendment, then the sections of the law would be amended.

Rep. McELVEEN further stated that Rule 5.2, second paragraph, stated that every bill which shall propose the amendment or repeal of any Section, Chapter, Title of the General Statutes shall in its title express the subject matter of the Section, Chapter or Title. He further stated, citing Rule 5.2, that if this was not complied with, the paper shall not be received by the Speaker and objection may be raised by any member to such improper introduction at any time prior to third reading. He further stated that this indicated that it was a pretty important requirement. He further stated that the House would be halted in that no amendment would be germane or every amendment would be germane.

The SPEAKER stated that this was an opinion and had not been a Ruling by the Chair.

Rep. McELVEEN further stated that it did not fulfill the requirements of Rule 5.2 and that the process of skeleton bills totally violated the reason for having Rules.

The SPEAKER stated that the title did express which Code Sections this Bill could amend or repeal and that was what the second section of Rule 5.2 stated and that whatever amendment was offered would have to be germane to the title and that was what the Rule was designed to protect against.

Rep. McELVEEN stated that it had not been printed.

The SPEAKER stated it had been printed.

Rep. McELVEEN stated that it did not specifically mention all of the Sections of the Code to be amended.

The SPEAKER stated that it sought to establish a new title of the Code which was Chapter 30 and under Chapter 30 to reorganize the Executive Branch into 16 departments. He further stated that depending on whatever happened to an amendment and if that new Chapter affected the organization of others, then every amendment always stated to amend title to conform. He further stated that the title of this Bill sought to establish a new Chapter 30 in the Code which reorganized government and it sought to amend Chapter 23 of Title 1 by adding Article 5 and it also sought to repeal certain sections of the 1976 Code, but it did not name which sections.

Rep. McELVEEN further stated, citing Rule 5.2, that every bill proposing to amend any Section of any Chapter of the General Statute shall give the full text of the Section or clearly identifiable subdivision or portion of the Section as it would read with such amendment inserted and if this Rule could not be complied with, the Bill shall be amended as to conform to the Rule before it could be considered by the House.

The SPEAKER sustained the Point of Order and ordered the title to be changed to read as follows:

A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 30, SO AS TO ESTABLISH WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT SIXTEEN DEPARTMENTS TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY AND TO ESTABLISH WITHIN EACH DEPARTMENT CERTAIN DIVISIONS COMPOSED OF SPECIFIED STATE AGENCIES, TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS, AND FOR THE MANNER OF SELECTION AND TERMS OF SERVICE OF DIVISION HEADS AND OTHER OFFICIALS, TO PROVIDE THAT CERTAIN OTHER AGENCIES OR DEPARTMENTS OF STATE GOVERNMENT SHALL PERFORM THEIR DUTIES AND FUNCTIONS AS A PART OF AND UNDER THE SUPERVISION OF DESIGNATED CONSTITUTIONAL OFFICERS OR THE JUDICIAL DEPARTMENT, TO AMEND SECTION 2-19-10, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE SIZE OF THE JOINT COMMITTEE AND PROVIDE FOR CERTAIN REVIEW OF JUDGES AND OTHER OFFICIALS HEREIN CONTAINED, TO AMEND CHAPTER 23 OF TITLE 1 OF THE 1976 CODE, RELATING TO STATE AGENCY RULE MAKING AND ADJUDICATION OF CONTESTED CASES BY ADDING ARTICLE 5, SO AS TO ESTABLISH THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION THE JUDGES OF WHICH SHALL HEAR, DETERMINE AND PRESIDE OVER CONTESTED CASES OF CERTAIN STATE AGENCIES, DEPARTMENTS, DIVISIONS, AND COMMISSIONS, TO AMEND THE STATE ADMINISTRATIVE PROCEDURES ACT SO AS TO REVISE THE MANNER IN WHICH REGULATIONS ARE APPROVED AND TAKE EFFECT, TO ABOLISH SPECIFIED BOARDS, COMMISSIONS, AND COMMITTEES OF THIS STATE, TO DESIGNATE THE OFFICE OF APPELLATE DEFENSE AS THE OFFICE OF INDIGENT DEFENSE AND REVISE ITS DUTIES AND FUNCTIONS, TO PROVIDE FOR TRANSITIONAL PROVISIONS IN REGARD TO THIS ACT, TO PROVIDE FOR A JULY 1, 1993, EFFECTIVE DATE, AND TO AMEND SECTIONS 1-23-10, 1-23-110, 1-23-115, 1-23-130, 1-23-160, 1-23-310, 1-23-320, 1-23-330, 1-23-380, 42-3-10, 42-3-30, 42-3-80, 42-3-90, 42-3-110, 42-3-180, 42-3-190, 42-3-200, 42-3-210, 42-3-220, 42-3-230, 42-3-240, 46-3-10, 46-3-20, 46-3-80, 46-3-220, 46-5-20, 46-15-40, 46-49-60, 46-5-10, Chapter 9, TITLE 46, 46-10-20, 46-10-30, 46-13-10, 46-13-20, 46-25-20, 46-25-1010, 46-26-10, 46-26-20, 46-26-30, 46-26-160, 46-35-10, 46-35-15, 46-37-5, 46-49-40; ARTICLE 3, CHAPTER, 11, TITLE 47; CHAPTER 19, TITLE 47; ARTICLE, 5, CHAPTER 9, TITLE 47; ARTICLE 5, CHAPTER 11, TITLE 47; CHAPTERS 13 AND 15, TITLE 47; 8-11-945, 44-49-10, 44-49-20, 44-49-40, 44-49-50, 44-49-60, 44-49-70, 44-107-80, 56-1-1400, 55-1-50, 55-1-60, 55-1-70, 55-1-90, 55-1-100, 55-1-100, 55-1-140, 55-5-20, 55-5-30, 55-5-50, 55-5-60, 55-5-70, 55-5-75, 55-5-80, 55-5-86, 55-5-87, 55-5-90, 55-5-110, 55-5-120, 55-5-140, 55-5-150, 55-5-160, 55-5-170, 55-5-180, 55-5-200, 55-5-210, 55-5-220, 55-5-230, 55-5-240, 55-5-260, 55-5-290, 55-8-10, 55-8-10, 55-8-20, 55-8-30, 55-8-40, 55-8-50, 55-8-70, 55-8-90, 55-8-100, 55-8-110, 55-8-160, 55-8-170, 55-9-30, 55-9-40, 55-9-70, 55-9-80, 55-9-90, 55-9-190, 55-9-220, 55-11-10, 55-15-10, 11-35-1520, 15-9-390, 15-9-410, 12-36-1370, 46-13-060, 41-45-10, 41-45-20, 41-45-30, 41-45-40, 41-45-50, 41-45-60, 11-37-200, 12-27-1260, 12-27-1270, 12-27-1300, 51-13-860, 55-11-520, 59-54-40, 59-54-40, 13-3-10, 13-3-20, 13-3-30, 13-3-70, 13-3-80, 13-3-90, 13-3-100, 13-3-110, 13-3-120, 1-3-210, 1-11-310, 1-19-60, 2-67-10, 2-67-30, 13-5-10, 13-5-10, 13-7-10, 13-7-20, 13-11-20, 13-17-40, 31-1-30, 31-3-20, 31-3-340, 31-3-370, 31-3-390, 31-3-750, 33-37-250, 33-39-250, 39-9-230, 39-15-170, 41-43-40, 41-43-190, 41-44-60, 43-5-550, 43-21-120, 44-96-60, 44-96-70, 44-96-120, 48-9-230, 48-21-20, 49-3-20, 51-1-15, 51-17-50, 59-53-10, 43-25-10, 43-25-30, 43-25-40, 43-25-50, 43-25-60, 43-25-70, 43-25-90, 43-25-100, 43-26-10, 43-26-20, 43-26-30, 43-26-40, 43-26-50, 43-26-60, 43-26-70, 43-26-80, 43-26-90, 43-26-100, 43-26-110, 44-20-20, 44-20-30, 44-20-240, 44-20-250, 44-20-260, 44-20-270, 44-20-280, 44-20-290, 44-20-300, 44-20-310, 44-20-320, 44-20-330, 44-20-340, 44-20-350, 44-20-360, 44-20-370, 44-20-375, 44-20-380, 44-20-385, 44-20-390, 44-20-400, 44-20-420, 44-20-430, 44-20-440, 44-20-450, 44-20-460, 44-20-470, 44-20-480, 44-20-490, 44-20-500, 44-20-510, 44-20-710, 44-20-720, 44-20-730, 44-20-740, 44-20-750, 44-20-760, 44-20-770, 44-20-780, 44-20-790, 44-20-800, 44-20-900, 44-20-1000, 44-20-1110, 44-20-1120, 44-20-1130, 44-20-1140, 44-20-1150, 44-20-1160, 44-20-1170, 44-26-10, 44-26-30, 44-26-40, 44-26-50, 44-26-60, 44-26-70, 44-26-80, 44-26-100, 44-26-120, 44-26-140, 44-26-170, 44-26-180, 44-26-190, 44-26-200, 44-28-20, 44-28-40, 44-28-60, 44-28-80, 44-28-360, 44-28-370, 44-38-10, 44-38-20, 44-38-30, 44-38-40, 44-38-50, 44-38-60, 44-38-70, 59-1-190, 59-1-445, 59-5-140, 59-20-20, 59-23-170, 59-26-40, 59-29-40, 59-29-220, 59-31-330, 59-31-340, 59-32-10, 59-32-30, 59-65-30, 59-67-20, 59-67-260, 59-67-270, 59-67-535, 59-67-540, 59-67-570, 59-67-780, 50-67-790, 59-137-50, 59-51-30, 59-51-40, 59-51-50, 48-39-10, 48-39-40, 48-39-50, 48-39-60, 48-39-70, 48-39-80, 48-39-100, 48-39-150, 48-39-160, 48-39-170, 48-39-180, 48-39-270, 48-39-280, 48-39-290, 48-43-10, 44-2-20, 44-55-20, 44-55-30, 44-55-40, 44-55-45, 44-55-50, 44-55-70, 44-55-90, 44-55-2320, 44-55-2330, 44-56-20, 44-56-30, 44-56-100, 44-56-160, 44-56-190, 44-67-20, 44-67-30, 44-67-40, 44-67-50, 44-93-20, 44-93-30, 44-93-120, 44-93-150, 44-96-40, 44-96-100, 44-96-130, 44-96-250, 44-96-260, 44-96-290, 44-96-320, 44-96-330, 44-96-350, 44-96-360, 44-96-380, 48-1-10, 48-1-30, 48-1-50, CHAPTER 48 OF TITLE 48, 48-1-60, 48-1-200, 48-3-10, 48-55-10, 48-55-20,49-3-40, 49-3-50, 49-4-20, 49-4-30, 49-4-40, 49-4-60, 49-4-70, 49-4-80, 49-4-90, 49-5-30, 49-5-40, 49-5-50, 49-5-60, 49-5-70, 49-5-80, 49-5-90, 49-5-100, 49-5-110, 49-5-130, 49-6-10, 49-6-20, 49-6-30, 49-6-40, 49-7-10, 49-7-70, 49-7-120, 49-21-10, 49-21-20, 49-21-30, 49-21-40, 49-21-50, 49-21-60, 49-21-70, 49-21-80, 49-23-20, 49-23-30, 49-23-50, 49-23-60, 49-23-70, 49-23-80, 49-23-90, 49-23-100, 49-25-10, 49-25-20, 49-25-30, 49-25-40, 49-27-10, 49-27-70, 49-27-80, 49-27-90, 49-29-20, 49-29-30, 49-29-50, 49-29-60, 49-29-70, 49-29-80, 49-29-90, 49-29-100, 49-29-110, 49-29-160, 49-29-170, 49-29-180, 49-29-190, 49-29-200, 49-29-210, TITLE 43, CHAPTERS 1, 3, AND 21; 12-21-3441, 12-21-3590, 43-29-10, 43-29-20, 43-29-30, 43-29-50, 43-29-70, 43-29-80, 43-29-90, 20-7-30, 20-7-340, 20-7-490, 20-7-510, 20-7-520, 20-7-530, 20-7-610, 20-7-640, 20-7-650, 20-7-655, 20-7-660, 20-7-670,20-7-680, 20-7-690, 20-7-1440, 20-7-1645, 20-7-1650, 20-7-1705, 20-7-1750, 20-7-1780, 20-7-1895, 20-7-1897, 20-7-1900, 20-7-1920, 20-7-1925, 20-7-1930, 20-7-1940, 20-7-1950, 20-7-1958, 20-7-1960, 20-7-1970, 20-7-2000, 20-7-2010, 20-7-2020, 20-7-2060, 20-7-2070, 20-7-2240, 20-7-2250, 20-7-2260, 20-7-2270, 20-7-2280, 20-7-2290, 20-7-2307, 20-7-2310, 20-7-2323, 20-7-2340, 20-7-2610, 20-7-2640, 20-7-2650, 20-7-2700, 20-7-2710, 20-7-2720, 20-7-2730, 20-7-2740, 20-7-2750, 20-7-2760, 20-7-2780, 20-7-2790, 20-7-2800, 20-7-2810, 20-7-2820, 20-7-2830, 20-7-2840, 20-7-2850, 20-7-2860, 20-7-2870, 20-7-2880, 20-7-2890, 20-7-2910, 20-7-2920, 20-7-2930, 20-7-2940, 20-7-2980, 20-7-2990, 20-7-3000, 20-7-3010, 20-7-3020, 20-7-3030, 20-7-3050, 20-7-3060, 20-7-5420, 20-7-852, 20-7-952, 20-7-955, 20-7-970, 20-7-1015, 20-7-1040, 20-7-1145, 20-7-1315, 20-7-1317, 20-7-1322, 20-7-2450, 20-7-2460, 20-7-2470, 20-7-2480, 20-7-2500; TITLE 43, CHAPTER 5, ARTICLES 1, 3, AND 5; 43-7-20, 43-7-220, 20-7-2376, 20-7-2379, 20-7-2385, 20-7-2394, 59-49-10, 59-49-70, 59-49-80, 59-49-100, 59-49-110, 59-49-140, 59-49-150, 20-7-600, 20-7-630, 20-7-770, 20-7-780, 20-7-1330, 20-7-1490, 20-7-2115, 20-7-2125, 20-7-2155, 20-7-3210, 20-7-3220, 13-7-10, 13-7-30, 13-7-40, 13-7-45, 13-7-60, 13-7-70, 13-7-90, 13-7-120, 13-7-160, 13-7-170, 43-5-910, 43-5-920, 43-5-930, 43-5-940, 43-5-970, CHAPTER 1, TITLE 44, CHAPTER 3, TITLE 44, 44-5-20, ARTICLE 2, CHAPTER 7, TITLE 44, ARTICLE 3, CHAPTER 7, TITLE 44, 44-7-1420, 44-7-1440, 44-7-1490, 44-7-1590, 44-7-1660, 44-7-1690, 44-7-2520, 44-29-10, 44-29-20, 44-29-40, 44-29-50, 44-29-60, 44-29-70, 44-29-80, 44-29-90, 44-29-100, 44-29-110, 44-29-115, 44-29-120, 44-29-130, 44-29-135, 44-29-136, 44-29-140, 44-29-170,44-29-180, 44-29-210, 44-30-20, 44-30-30, 44-30-60, 44-30-70, 44-30-80, 44-30-90, ARTICLE 1, CHAPTER 31, TITLE 44, 44-31-510, 44-31-610, 44-33-10, 44-35-10, 44-35-90, 44-35-100, 44-35-110, 44-37-20, 44-37-30, 44-40-30, 44-40-60, 44-41-10, 44-41-20, 44-41-60, 44-41-70, 44-52-10, 44-53-10, 44-53-50, 44-53-110, 44-53-160, 44-53-180, 44-53-200, 44-53-220, 44-53-240, 44-53-260, 44-53-280, 44-53-290, 44-53-300, 44-53-310, 44-53-320, 44-53-330, 44-53-340, 44-53-350, 44-53-360, 44-53-430, 44-53-450, 44-53-480, 44-53-490, 44-53-500, 44-53-520, ARTICLE 4, CHAPTER 53, TITLE 44, ARTICLE 5, CHAPTER 53, TITLE 44, 44-53-920, 44-53-930, 44-53-940, 44-53-950, 44-53-1320, 44-53-1340, 44-53-1360, 44-53-1370, 44-53-1380, 44-53-1390, 44-53-1430, 44-53-1440, 44-53-1450, 44-53-1470, 44-55-210, 44-55-230, 44-55-250, 44-55-260, 44-55-270, 44-55-275, 44-55-280, 44-55-290, 44-55-420, 44-55-430, 44-55-440, 44-55-460, 44-61-20, 44-61-30, 44-61-40, 44-61-50, 44-61-60, 44-61-70, 44-61-80, 44-61-90, 44-61-105, 44-61-120, 44-61-130, 44-63-10, 44-63-20, 44-63-30, 44-63-60, 44-63-86, 44-63-110, 44-63-161, 44-69-20, 44-69-30, 44-69-40, 44-69-50, 44-69-60, 44-69-70, CHAPTER 71, TITLE 44, 44-75-20, 44-75-30, 44-75-40, 44-75-70, 44-81-30, 44-81-40, 44-81-60, CHAPTER 87, TITLE 44, 44-89-30, 44-89-40, 44-89-50, 44-89-60, 44-89-70, 44-89-80, 44-89-90, 44-89-100, CHAPTER 99, TITLE 44, 44-115-130, 47-5-20, 47-5-30, 47-5-40, 47-5-60, 47-5-100, 47-5-120, 47-5-150, 47-5-180, 44-6-5, 44-6-10, 44-6-30, 44-6-40, 44-6-45, 44-6-50, 44-6-70, 44-6-80, 44-6-90, 44-6-120, 44-6-140, 44-6-146, 44-6-150, 44-6-155, 44-6-160, 44-6-170, 44-6-180, 44-6-190, 44-6-220, 44-6-300, 44-6-320, 44-6-400, 44-6-410, 44-6-420, 44-6-430, 44-6-440, 44-6-460, 44-6-470, 44-6-500, 44-6-520, 44-6-530, 38-1-20, 38-2-10, CHAPTER 3, TITLE 38, CHAPTER 5, TITLE 38, CHAPTER 7, TITLE 38, CHAPTER 9, TITLE 38, CHAPTER 11, TITLE 38, CHAPTER 13, TITLE 38, 38-15-10, 38-15-20, 38-15-30, 38-15-50, 38-17-30, 38-17-50, 38-17-60, 38-17-70, 38-17-90, 38-17-120, 38-17-140, 38-17-150, 38-17-170, 38-19-40, 38-19-50, 38-19-440, 38-19-470, 38-19-480, 38-19-490, 38-19-610, 38-19-640, 38-19-650, 38-19-825, 38-21-10, 38-21-20, 38-21-30, 38-21-50, 38-21-60, 38-21-70, 38-21-90, 38-21-100, 38-21-110, 38-21-120, 38-21-125, 38-21-130, 38-21-140, 38-21-160, 38-21-170, 38-21-190, 38-21-200, 38-21-210, 38-21-220, 38-21-240, 38-21-250, 38-21-260, 38-21-270, 38-21-280, 38-21-290, 38-21-300, 38-21-310, 38-21-320, 38-21-330, 38-21-340, 38-21-350, 38-21-370, 38-23-20, 38-23-40, 38-23-50, 38-23-70, 38-23-80, 38-23-100, 38-25-10, 38-25-110, 38-25-160, 38-25-310, 38-25-510, 38-25-520, 38-25-540, 38-25-550, 38-25-570, CHAPTER 26, TITLE 38, ARTICLE 1, CHAPTER 27, TITLE 38, ARTICLE 3, CHAPTER 27, TITLE 38, 38-27-310, 38-27-320, 38-27-330, 38-27-350, 38-27-360, 38-27-370, 38-27-390, 38-27-400, 38-27-410, 38-27-430, 38-27-500, 38-27-520, 38-27-640, 38-27-660, 38-27-670, 38-27-680, 38-27-910, 38-27-920, 38-27-930, 38-27-940, 38-27-950, CHAPTER 29, TITLE 38, CHAPTER 31, TITLE 38, CHAPTER 33, TITLE 38, 38-35-10, 38-35-40, 38-35-50, 38-37-60, 38-37-220, 38-37-230, 38-37-240, 38-37-250, 38-37-260, 38-37-270, ARTICLE 5, CHAPTER 37, TITLE 38, ARTICLE 13, CHAPTER 37, TITLE 38, CHAPTER 39, TITLE 38, CHAPTER 41, TITLE 38, 38-43-20, 38-43-30, 38-43-40, 38-43-50, 38-43-70, 38-43-100, 38-43-105, 38-43-106, 38-43-107, 38-43-110, 38-43-130, 38-43-230, 38-43-250, 38-43-260, 38-44-30, 38-44-40, 38-44-50, 38-44-70, 38-44-80, CHAPTER 45, TITLE 38, 38-46-20, 38-46-30, 38-46-60, 38-46-70, 38-46-90, 38-46-100, 38-46-110, 38-46-120, CHAPTER 47, TITLE 38, 38-49-20, 38-49-25, 38-51-20, 38-51-30, 38-51-60, 38-53-10, 38-53-20, 38-53-80, 38-53-90, 38-53-100, 38-53-110, 38-53-130, 38-53-140, 38-53-150, 38-53-160, 38-53-170, 38-53-200, 38-53-210, 38-53-220, 38-53-230, 38-53-310, 38-53-320, 38-55-20, 38-55-40, 38-55-60, 38-55-80, 38-55-120, 38-55-140, 38-55-180, 38-57-150, 38-57-200, 38-57-210, 38-57-220, 38-57-240, 38-57-250, 38-57-260, 38-57-270, 38-57-280, 38-57-290, 38-57-300, 38-57-310, 38-59-30, CHAPTER 61, TITLE 38, 38-63-220, 38-63-250, 38-63-520, 38-63-580, 38-63-590, 38-63-600, 38-63-610, 38-63-650, 38-65-60, 38-65-210, 38-67-10, 38-67-30, 38-67-40, 38-69-120, 38-69-230, 38-69-320, 38-70-10, 38-70-10, 38-70-20, 38-70-30, 38-70-40, 38-70-50, 38-70-60, 38-71-70, 38-71-190, 38-71-310, 38-71-315, 38-71-320, 38-71-325, 38-71-330, 38-71-335, 38-71-340, 38-71-370, 38-71-410, 38-71-510, 38-71-530, 38-71-540, 38-71-550, 38-71-720, 38-71-730, 38-71-735, 38-71-750, 38-71-920, 38-71-950, 38-71-970, 38-71-980, 38-71-1010, 38-71-1020, 38-71-1110, 38-72-40, 38-72-60, CHAPTER 73, TITLE 38, 38-74-10, 38-74-20, 38-74-60, 38-74-70, 38-75-230, ARTICLE 5, CHAPTER 75, TITLE 38, 38-77-10, 38-77-30, 38-77-110, 38-77-113, 38-77-115, 38-77-120, 38-77-150, 38-77-200, 38-77-260, 38-77-280, 38-77-320, 38-77-330, 38-77-340, 38-77-350, ARTICLE 5, CHAPTER 77, TITLE 38, ARTICLE 9, CHAPTER 77, TITLE 38, CHAPTER 79, TITLE 38, CHAPTER 81, TITLE 38, CHAPTER 83, TITLE 38, 38-85-70, 38-85-80, CHAPTER 87 TITLE 38, CHAPTER 89, TITLE 38, 1-1-110, 2-7-73, 2-13-190, 2-23-10, 8-13-470, 8-13-740, 12-9-310, 12-21-820, 12-23-310, 12-53-220, 15-9-270, 15-9-280, 15-9-310, 17-13-80, 23-9-90, 23-41-30, 31-1-180, 31-1-690, 33-37-460, 34-29-160, 35-9-20, 35-9-30, 35-9-40, 35-9-60, 35-9-70, 35-9-90, 37-6-605, 39-21-230, 41-18-90, 44-2-75, 48-19-80, 48-20-110, 56-1-745, 56-1-746, 56-10-240, 58-23-1220, 61-9-340, 59-53-2050, ARTICLE 5, CHAPTER 79, TITLE 38, 38-79-410, 38-79-420, 38-79-430, 38-79-440, 38-79-450, 38-79-460, 38-79-470, 38-79-480, 38-79-490, ARTICLE 3, CHAPTER 7, TITLE 42, 42-7-310, 42-7-200, 42-1-80, 42-1-90, 42-1-340, 42-1-380, 42-1-390, 42-1-480, 42-1-505, 42-1-560, 42-1-650, CHAPTER 5, TITLE 42, CHAPTER 9, TITLE 42, 42-11-80, 42-11-100, 42-11-120, 42-11-130, 42-11-140, 42-11-150, 42-11-160, 42-11-170, 42-11-180, 42-11-185, 42-13-50, 42-13-80, 42-13-90, 42-13-100, 42-13-110, CHAPTER 15, TITLE 42, CHAPTER 17, TITLE 42, CHAPTER 19, TITLE 42, 1-23-330, ARTICLE 1, CHAPTER 7, TITLE 42, 42-1-490, 42-1-500,23-3-10, 23-3-20, 23-3-25, 23-3-30, 23-3-40, 23-3-45, 23-3-50, 23-5-10, 23-5-30, 23-5-31, 23-5-32, 23-5-33, 23-5-34, 23-5-40, 23-5-50, 23-5-60, 58-3-310, 58-3-360, 61-1-60, 61-3-220, 61-5-100, 61-9-1050, 61-13-410, 61-13-810, 61-13-836, 23-25-20, 23-25-40, 23-23-10, 23-23-20, 23-23-30, 23-23-65, 23-23-70, 6-9-60, 10-5-230, 10-5-240, 10-5-270, 10-5-300, 10-5-320, 23-9-10, 23-9-60, 23-9-65, 23-9-70, 23-9-150, 23-9-155, 23-9-170, 23-9-180, 23-9-210, 23-10-10, 23-36-80, 23-36-160, 23-43-20, 23-43-60, 23-43-70, 23-43-110, 23-43-140, 23-43-180, 39-43-160, 40-1-140, 40-1-310, 40-1-350, 40-3-40, 40-3-120, 40-3-135, 40-3-140, 40-6-40, 40-6-45, 40-6-180, 40-6-220, 40-7-60, 40-7-270, 40-9-30, 40-9-31, 40-9-36, 40-9-95, 40-11-40, 40-11-60, 40-11-90, 40-11-320, 40-13-60, 40-13-80, 40-13-260, 40-15-40, 40-15-50, 40-15-185, 40-15-200, 40-15-210, 40-15-215, 40-15-370, 40-15-380, 40-17-20, 40-17-30, 40-17-50, 40-17-70, 40-17-90, 40-17-140, 40-17-160, 40-19-10, 40-19-70, 40-19-80, 40-19-160, 40-19-170, 40-22-150, 40-22-420, 40-22-440, 40-23-20, 40-23-40, 40-23-127, 40-25-20, 40-25-30, 40-25-40, 40-25-170, 40-28-10, 40-28-30, 40-28-50, 40-28-80, 40-28-90, 40-28-100, 40-28-110, 40-28-120, 40-28-130, 40-28-140, 40-28-160, 40-28-190, 40-28-200, 40-28-210, 40-29-20, 40-29-50, 40-29-100, 40-29-110, 40-29-160, 40-29-210, 40-30-20, 40-30-40, 40-30-70, 40-33-30, 40-33-250, 40-33-931, 40-33-960, 40-35-10, 40-35-20, 40-35-70, 40-35-90, 40-35-135, 40-36-160, 40-37-50, 40-37-230, 40-38-60, 40-38-230, 40-39-10, 40-39-20, 40-39-50, 40-39-60, 40-39-90, 40-39-120, 40-39-150, 40-43-135, 40-43-260, 40-43-410, 40-47-170, 40-47-200, 40-47-210, 40-47-630, 40-47-660, 40-51-160, 40-53-30, 40-53-50, 40-53-70, 40-53-80, 40-53-90, 40-53-100, 40-53-110, 40-53-120, 40-53-130, 40-53-140, 40-53-150, 40-53-160, 40-53-180, 40-53-190, 40-53-210, 40-53-220, 40-53-230, 40-53-240, 40-54-20, 40-55-140, 40-55-160, 40-56-10, 40-56-20, 40-57-80, 40-57-170, 40-57-220, 40-58-20, 40-58-90, 40-59-50, 40-59-60, 40-59-90, 40-59-95, 40-59-120, 40-59-130, 40-60-160, 40-60-170, 40-60-210, 40-61-20, 40-61-40, 40-61-110, 40-63-10, 40-63-30, 40-63-120, 40-65-10, 40-65-70, 40-65-170, 40-65-220, 40-67-170, 40-69-70, 40-69-150, 40-69-210, 40-69-420, 40-75-40, 40-75-180, 40-77-110, 40-77-320, 40-79-40, 41-1-10, 41-3-10, 41-3-30, 41-3-40, 41-3-50, 41-3-55, 41-3-60, 41-3-70, 41-3-80, 41-3-100, 41-3-110, 41-3-120, 41-3-130, 41-3-140, 41-3-510, 41-3-520, 41-3-540, 41-3-530, 41-43-20, 41-43-30, 41-43-50, 41-43-90, 41-43-210, 41-44-10, 41-45-10, 41-45-20, 41-45-30, 41-45-40, 41-45-50, 48-27-70, 48-27-200, 52-7-15, 52-7-20, 52-7-25, 52-7-30, 54-15-320, 44-9-10, 44-9-20, 44-9-40, 44-9-50, 44-9-60, 44-9-70, 44-9-90, 44-9-100, 44-9-110, 44-9-120, 44-9-160, 44-11-20, 44-11-30, 44-11-60, 44-11-70, 44-11-80, 44-11-110, 44-13-30, 44-15-80, 44-22-10, 44-22-50, 44-22-190, 44-23-10, 44-23-210, 44-23-220, 44-23-410, 44-22-100, 44-22-110, 44-25-30, 44-28-20, 44-28-40, 44-28-60, 44-28-80, 44-28-360, 44-28-370, 44-52-10, 62-5-105, CHAPTERS 1, 3, 5, AND 9 OF TITLE 50; 50-11-10, 50-11-20, 50-11-120(B), 50-11-140, 50-11-310, 50-11-350, 50-11-390, 50-11-430, 50-11-500, 50-11-520, 50-11-530, 50-11-540, 50-11-560, 50-11-730, 50-11-740, 50-11-750, 50-11-810, 50-11-860, 50-11-880, 50-11-950, 50-11-980; ARTICLE 6, CHAPTER 11, TITLE 50; ARTICLE 7, CHAPTER 11, TITLE 50; 50-11-1730, 50-11-1740, 50-11-1760, 50-11-1765, 50-11-1950; ARTICLE 9, CHAPTER 11, TITLE 50; 50-11-2210, 50-11-2240, 50-11-2310; ARTICLE 12, CHAPTER 11, TITLE 50; 50-13-60, 50-13-70, 50-13-190, 50-13-210, 50-13-230, 50-13-236, 50-13-250, 50-13-260, 50-13-510, 50-13-730, 50-13-1135, 50-13-1150, 50-13-1165, 50-13-1192, 50-13-1193, 50-13-1194, 50-13-1195, 50-13-1196, 50-13-1210, 50-13-1410, 50-13-1415, 50-13-1470, 50-13-1630, 50-13-1640, 50-13-1680, 50-13-1710, 50-13-1720, 50-13-1730, 50-13-1750; ARTICLE 13, CHAPTER 13, TITLE 50; CHAPTER 15, TITLE 50; 50-16-20, 50-16-30, 50-16-40, 50-16-50, 50-17-30, 50-17-50, 50-17-60, 50-17-65, 50-17-70, 50-17-90, 50-17-105, 50-17-120, 50-17-130, 50-17-150, 50-17-155, 50-17-160, 50-17-165, 50-17-180, 50-17-190, 50-17-210, 50-17-215, 50-17-250, 50-17-270, 50-17-280, 50-17-290; ARTICLE 3, CHAPTER 17, TITLE 50; 50-17-421, 50-17-440, 50-17-460, 50-17-470; ARTICLE 5, CHAPTER 17, TITLE 50; 50-17-625, 50-17-630, 50-17-650, 50-17-660, (B), (C), (E), AND (F), 50-17-670, 50-17-685, 50-17-716, 50-17-720, 50-17-721, 50-17-730, 50-17-740, 50-17-770, 50-17-780, 50-17-830, 50-17-850, 50-17-855, 50-17-890; ARTICLE 11, CHAPTER 17, TITLE 50; CHAPTER 18, TITLE 50; 50-19-130, 50-19-240, 50-19-410, 50-19-750, 50-19-760, 50-19-770, 50-19-1020, 50-19-1140, 50-19-1160, 50-19-1170, 50-19-1180, 50-19-1310, 50-19-1320, 50-19-30, 50-19-1730, 50-19-1920, 50-19-1925, 50-19-1935, 50-19-2210, 50-19-2215, 50-19-2230, 50-19-2240, 50-19-2310, 50-18-2330, 50-19-2520, 50-19-2610, 50-19-2630, 50-19-2640, 50-19-2710, 50-19-2830, 50-19-2850, 50-20-50, 50-20-80, 50-20-90, 50-20-110, 50-21-30, 50-21-40, 50-21-45, 50-21-50, 50-21-80, 50-21-90, 50-21-105, 50-21-112, 50-21-114, 50-21-125, 50-21-130, 50-21-135, 50-21-137, 50-21-139, 50-21-140, 50-21-145, 50-21-147, 50-21-148, 50-21-149, 50-21-150, 50-21-160; ARTICLES 3, 5, AND 7, CHAPTER 21, TITLE 50; 50-21-855, 50-21-1010, 50-23-10, 50-23-20, 50-23-60, 50-23-80, 50-23-90, 50-23-100, 50-23-110, 50-23-120, 50-23-130, 50-23-135, 50-23-140, 50-23-150, 50-23-160, 50-23-170, 50-23-180, 50-23-190, 50-23-205, 50-23-210, 50-23-220, 50-23-230, 50-23-240, 50-23-250, 50-23-260, 50-23-290, 50-25-310, 50-23-320, 50-23-1310, 50-23-1360, CHAPTER 23 OF TITLE 48, 48-25-50, 48-28-30, 48-28-40, 48-28-100, 48-30-30, 48-30-50, 48-30-70, 48-30-80, CHAPTERS 29, 33, OF TITLE 48, CHAPTER 5 OF TITLE 13; 27-2-80, 27-2-90, 48-9-30, 48-9-40, ARTICLES 3, 5, 7 AND 9 OF CHAPTER 9 OF TITLE 48, 48-9-1210, 48-9-1230, 48-9-1320, 48-9-1810, 48-9-1820, 48-9-1840, 48-9-1850, 48-9-1860, 48-9-1870, 48-11-15, 48-11-90, 48-11-100, 48-11-190, 48-11-210,60-15-20, 60-15-40, 60-15-60, 60-15-70, 60-15-80, 60-15-90, 60-1-10, 60-1-30, 60-1-40, 60-1-50, 60-1-60, 60-1-70, 60-1-80, 60-1-90, 60-1-100, 60-1-110, 60-1-120, 60-1-130, 60-1-140, 60-1-150, 60-1-160, 60-1-170, 60-2-20, 60-2-30, 60-13-10, 60-13-30, 60-13-40, 51-19-10, 51-19-20, 51-1-10, 51-1-20, 51-1-30, 51-1-40, 51-1-50, 51-1-60, 51-1-70, 51-1-75, 51-1-80, 51-1-90, 51-3-10, 51-3-20, 51-3-50, 51-3-60, 51-3-70, 51-3-90, 51-3-100, 51-3-110, 51-3-120, 51-3-130, 51-3-140, 51-3-145, 51-3-147, 51-3-160, 51-7-10, 51-7-20, 51-7-30, 51-7-40, 51-7-50, 51-7-70, 51-7-80,51-7-110, 51-11-10, 51-11-15, 51-11-60, 60-11-20, 60-11-30, 60-11-40, 60-11-50, 60-11-60, 60-11-70, 60-11-80, 60-12-10, 60-12-30, 60-12-40, 60-12-50, 60-12-60, 60-12-70, 60-12-90, 24-1-10, 24-1-100, 24-1-110, 24-1-120, 24-1-130, 24-1-140, 24-1-145, 24-1-150, 24-1-160, 24-1-170, 24-1-200, 24-1-210, 24-1-220, 24-1-230, 24-1-250, 24-1-270, 24-3-20, 24-3-30, 24-3-40, 24-3-60, 24-3-70, 24-3-80, 24-3-90, 24-3-100, 24-3-110, 24-3-130, 24-3-131, 24-3-140, 24-3-150, 24-3-160, 24-3-170, 24-3-180, 24-3-190, 24-3-200, 24-3-210, 24-3-315, 24-3-320, 24-3-330, 24-3-340, 24-3-360, 24-3-380, 24-3-390, 24-3-400, 24-3-410, 24-3-510, 24-3-520, 24-3-530, 24-3-540, 24-3-550, 24-3-710, 24-3-720, 24-3-730, 24-3-740, 24-3-750, 24-3-760, 24-3-920, 24-3-950, 24-3-960, 24-3-1120, 24-3-1130, 24-3-1140, 24-3-1150, 24-3-1160, 24-3-1170, 24-3-1180, 24-3-1190, 24-3-2030, 24-3-2050, 24-3-2060, 24-7-90, 24-9-10, 24-9-20, 24-9-30, 24-11-30, 24-13-210, 24-13-230, 24-13-270, 24-13-640, 24-13-710, 24-19-10, 24-19-20, 24-19-30, 24-19-40, 24-19-60, 24-19-80, 24-19-90, 24-19-100, 24-19-110, 24-19-160, 24-21-10, 24-21-13, 24-21-14, 24-21-20, 24-21-70, 24-21-220, 24-21-221, 24-21-230, 24-21-250, 24-21-280, 24-21-290, 24-21-485, 24-21-610, 24-21-620, 24-21-645, 24-21-650, 24-21-930, 24-25-10, 24-25-20, 24-25-30, 24-25-40, 24-25-50, 24-25-60, 24-25-70, 24-25-80, 24-25-90, 20-7-3100, 20-7-3110, 20-7-3190, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3250, 20-7-3270, 20-7-3280, 20-7-3300, 20-7-3310, CHAPTER 1, TITLE 61; ARTICLES 1 AND 3, CHAPTER 3, TITLE 61; 61-3-770, 61-5-90, 61-5-100, 61-5-140, 61-5-190, 61-5-320, 61-5-360, 61-7-100, 61-9-420, 51-9-610, 61-9-810, 61-9-820, 61-9-1050, 61-13-295, 61-13-410, 61-13-460, 61-13-470, 61-13-500, 61-13-540, 61-13-810, 61-13-835, 61-13-836, 61-3-780, 61-3-790, 56-1-10, 56-1-90, 56-1-135, 56-1-190, 56-1-221, 56-1-360, 56-1-370, 56-1-390, 56-1-520, 56-1-550, 56-1-746, 56-1-800, 56-1-820, 56-1-1030, 56-1-1090, 56-1-1320, 56-1-1330, 56-1-1760, 56-3-20, 56-3-660, 56-3-910, 56-3-1330, 56-3-1370, 56-3-1710, 56-3-1950, 56-3-1971, 56-3-2020, 56-3-2020, 56-3-2420, 56-3-3710, 56-3-3950, 56-3-4910, 56-5-60, 56-5-170, 56-5-190, 56-5-330, 56-5-380, 56-5-910, 56-5-920, 56-5-930, 56-5-935, 56-5-1210, 56-5-1260, 56-5-1270, 56-5-1300, 56-5-1320, 56-5-1330, 56-5-1340, 56-5-1350, 56-5-1360, 56-5-1520, 56-5-1530, 56-5-1540, 56-5-1560, 56-5-1570, 56-5-1890, 56-5-1910, 56-5-1980, 56-5-2120, 56-5-2540, 56-5-2550, 56-5-2585, 56-5-2715, 56-5-2720, 56-5-2730, 56-5-2910, 56-5-2920, 56-5-2945, 56-5-2950, 56-5-2970, 56-5-2980, 56-5-2990, 56-5-3000, 56-5-3750, 56-5-3660, 56-5-3670, 56-5-3680, 56-5-3690, 56-5-3760, 56-5-3880, 56-5-4030, 56-5-4035, 56-5-4040, 56-5-4070, 56-5-4075, 56-5-4095, 56-5-4140, 56-5-4145, 56-5-4150, 56-5-4160, 56-5-4170, 56-5-4175, 56-5-4180, 56-5-4185, 56-5-4190, 56-5-4200, 56-5-4205, 56-5-4210, 56-5-4220, 56-5-4715, 56-5-4720, 56-5-4840, 56-5-4880, 56-5-4940, 56-5-4970, 56-5-5010, 56-5-5015, 56-5-5080, 56-5-5120, 56-5-5140, 56-5-5320, 56-5-5330, 56-5-5340, 56-5-5350, 56-5-5360, 56-5-5390, 56-5-5400, 56-5-5410, 56-5-5420, 56-5-5430, 56-5-5650, 56-5-5670, 56-5-5810, 56-5-5830, 56-5-5850, 56-5-5860, 56-5-5870, 56-5-5880, 56-5-5900, 56-5-6110, 56-5-6140, 56-5-6170, 56-5-6180, 56-5-6200, 56-5-6210, 56-5-6230, 56-5-6240, 56-5-6340, 56-7-20, 56-7-30, 56-7-40, 56-7-50, 56-7-10, 56-7-15, 56-7-80, 56-9-20, 56-9-320, 56-9-353, 56-9-363, 56-10-20, 56-10-40, 56-10-45, 56-10-210, 56-10-240, 56-10-245, 56-10-290, 56-15-340, 56-16-20, 56-16-150, 56-16-180, 56-19-10, 56-19-20, 56-19-110, 56-25-10, 56-27-10, 56-29-50, 56-31-50, 12-2-10; CHAPTER 4, TITLE 12; 12-36-2670, 12-7-30, 12-7-435, 12-7-1220, 12-7-1225, 12-7-1250, 12-7-1680, 12-7-1700, 12-7-2300, 12-7-2415, 12-9-130, 12-9-310, 12-16-1190, 12-16-1200, 12-21-820, 12-21-1820, 12-21-1840, 12-21-2744, 12-21-2930, 12-21-3590, 12-23-810, 12-23-815, 12-27-270, 12-27-380, 12-27-390, 12-31-20, 12-36-1710, 12-36-2670, 12-37-90, 12-37-970, 12-47-440, 12-53-10, 12-54-420; ARTICLE 1, CHAPTER 54, TITLE 12; ARTICLE 5, CHAPTER 54, TITLE 54; 57-11-30, 57-11-40, 57-11-50, 57-11-60, 57-11-70, 57-1-10, 57-1-30, 57-1-45, 57-1-50, 57-1-60, 57-1-70, 57-1-80, 57-1-90, 57-1-100, 57-1-140, 57-3-10, 57-3-20, 57-3-30, 57-3-35, 57-3-270, 57-3-420, 57-3-430, 57-3-440, 57-3-480, 57-3-610, 57-3-620, 57-3-630, 57-3-640, 57-3-650, 57-3-660, 57-3-670, 57-3-680, 57-3-690, 57-3-700, 57-3-710, 57-3-720, 57-3-730, 57-3-750, 57-3-760, 57-3-770, 57-3-1010, 57-3-1020, 57-3-1030, 57-3-1040, 57-3-1050, 57-5-10, 57-5-30, 57-5-50, 57-5-60, 57-5-70, 57-5-80, 57-5-90, 57-5-100, 57-5-110, 57-5-120, 57-5-130, 57-5-140, 57-5-150, 57-5-160, 57-5-170, 57-5-180, 57-5-190, 57-5-310, 57-5-320, 57-5-330, 57-5-340, 57-5-350, 57-5-370, 57-5-380, 57-5-540, 57-5-550, 57-5-570, 57-5-580, 57-5-590, 57-5-600, 57-5-710, 57-5-720, 57-5-730, 57-5-740, 57-5-750, 57-5-760, 57-5-770, 57-5-780, 57-5-790, 57-5-800, 57-5-810, 57-5-820, 57-5-830, 57-5-840, 57-5-860, 57-5-870, 57-5-1010, 57-5-1020, 57-5-1030, 57-5-1040, 57-5-1050, 57-5-1060, 57-5-1070, 57-5-1080, 57-5-1090, 57-5-1100, 57-5-1110, 57-5-1120, 57-5-1140, 57-5-1320, 57-5-1330, 57-5-1335, 57-5-1340, 57-5-1350, 57-5-1140, 57-5-1450, 57-5-1490, 57-5-1610, 57-5-1620, 57-5-1630, 57-5-1640, 57-5-1650, 57-5-1660, 57-5-1670, 57-5-1700, 57-7-30, 57-7-50, 57-9-10, 57-9-20, 57-11-20, 57-11-80, 57-11-210, 57-11-220, 57-11-250, 57-11-280, 57-11-400, 57-13-10, 57-13-20, 57-13-40, 57-13-50, 57-13-130, 57-15-140, 57-23-120, 57-23-210, 57-23-300, 57-23-350, 57-23-400, 57-23-420, 57-23-500, 57-23-520, 57-23-600, 57-23-620, 57-23-700, 57-23-720, 57-25-120, 57-25-140, 57-25-150, 57-25-155, 57-25-160, 57-25-170, 57-25-180, 57-25-185, 57-25-190, 57-25-195, 57-25-210, 57-25-430, 57-25-440, 57-25-460, 57-25-470, 57-25-480, 57-25-490, 57-25-640, 57-25-650, 57-25-670, 57-25-680, 57-25-690, 57-25-700, 57-27-20, 57-27-45, 57-27-50, 57-27-55, 57-27-60, 57-27-70, 57-27-80, 57-27-90, 58-19-10, 58-19-30, 58-19-40, 58-19-50, 58-19-60, 58-19-70, 58-19-80, 58-19-90, 58-19-100, 58-19-110, 58-19-120, 58-19-130, 58-19-140, 58-19-150, 58-19-160, 58-19-180, 9-1-60, 12-27-210, 12-27-380, 12-27-390, 12-27-400, 12-27-405, 12-27-430, 12-27-760, 12-27-1210, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1270, 12-27-1280, 12-27-1290, 12-27-1300, 12-27-1310, 12-27-1320, 1-11-220, 1-11-230, 1-11-240, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-340, 1-11-350, 58-19-10, CHAPTER 1, 37-1-203, 37-2-201, 37-2-305, 37-2-306, 37-3-201, 37-3-305, 37-3-306, 37-3-506, 37-4-107, 37-4-108, 37-4-111, 37-4-112, 37-4-203; PART 1, CHAPTER 6, TITLE 37, 37-6-402, 37-6-408, 37-6-411, 37-6-413, 37-6-414, 37-6-415; PART 5, CHAPTER 6, TITLE 37; PART 6, CHAPTER 6, TITLE 37, 37-9-102; CHAPTER 11, TITLE 37; CHAPTER 13, TITLE 37, 15-3-640, 16-17-445; CHAPTER 36, TITLE 34, 39-61-20, 39-61-160, 40-39-10, 40-39-20, 40-39-50, 40-39-90, 40-39-150, 40-58-20, 40-58-90, 40-58-100, 40-79-40, 41-25-110, 44-79-20, 44-79-40, 44-79-90, 44-79-100, 56-28-20, 56-28-90, 56-28-100; CHAPTER 102, TITLE 59, 16-3-1110, 16-3-1120, 16-3-1260, 16-3-1530, 16-3-1550, 20-7-5610, 20-7-5630, 20-7-5660, 20-7-5670; CHAPTER 11, TITLE 25, 1-15-10; CHAPTER 4, TITLE 17, 24-26-10, 20-7-121, 20-7-125, 20-7-128, TO ADD SECTIONS 1-11-750, 1-23-111, 1-23-315,12-43-303, 40-11-350, 40-13-300, 40-28-215, 40-45-260, 40-73-15, 41-3-610, 41-15-645, 41-43-65, 23-3-15, 57-3-615, CHAPTER 2 OF TITLE 48, 48-43-15, 49-3-35, 50-1-280, 59-67-405, 69-67-545, 41-45-15, 42-1-5, 13-3-25, 38-79-435, 42-7-15, AND ARTICLE 21 TO TITLE 44 OF CHAPTER 55, CHAPTER 2, TITLE 56, AND TO REPEAL SECTIONS 20-7-3120, 20-7-3130, 20-7-3140, 20-7-3150, 20-7-3160, 20-7-3170, 20-7-3180, 20-7-3200, 20-7-5810, 20-7-5820, 20-7-5830, 20-7-5840, 20-7-5850, 20-7-5860, 24-1-40, 24-1-50, 24-1-60, 24-1-70, 24-1-80, 24-1-90, 24-21-210, 42-3-20, 42-3-25, 42-3-40, 42-3-50, 42-3-60, 42-3-100, 42-3-120, 42-3-130, 42-3-140, 42-3-150, 42-3-160, 42-3-170, 44-49-30, 1-23-390, 1-23-400, 1-20-50, 60-11-40, 57-3-40, 57-3-50, 57-3-210, 57-3-215, 57-3-220, 57-3-230, 57-3-240, 57-3-250, 57-3-260, 57-3-410, 57-3-450, 57-3-460, 57-3-470, 57-3-490, 57-3-500, 57-3-510, 57-3-520, 58-19-20, 58-19-170, 61-3-780, 61-3-790, 56-1-145, 56-1-410, 56-1-830, 56-1-1390, 56-3-625, 56-5-370, 56-5-5930, 12-7-40, 12-7-50, 12-7-60, 12-7-775, 12-16-1190, 12-16-1340, 12-21-120, 12-21-700, 12-21-2490, 12-21-2500, 12-23-80, 12-27-420, 12-47-210, 12-47-220, 51-1-15, 60-13-20, 60-13-50, 60-1-20, 60-15-30, 60-15-50, 44-9-30, 23-8-10, 23-8-20, 23-8,30, 23-9-510, 23-9-520, 23-9-530, 23-43-50, 40-29-60, 40-47-570, 40-67-100, 40-77-100, 41-3-20, 41-15-600, 41-15-610, 41-15-620, 41-15-630, 41-15-640, 41-43-40, 41-43-60, 41-45-60, 23-3-60, 23-5-20, 58-3-320, 58-3-330, 58-3-340, 58-3-350, 58-3-370, 23-23-210, 23-23-220, 23-23-230, 23-23-240, 23-23-250, 23-23-260, 61-5-140,44-6-20, 44-6-60, 44-6-65, 44-6-100, 44-6-110, 44-6-130, 44-61-150, 20-7-2308, 20-7-2309, 20-7-2327, 20-7-2335, 20-7-2337, 20-7-2365, 20-7-2950, 59-49-20, 59-49-30, 59-49-40, 59-49-60, 59-49-90, 59-49-120, ARTICLES 13 AND 15 OF TITLE 48, 49-3-20, 49-3-30, 49-7-20, 49-7-30, 49-7-40, 49-7-50, 42-17-50, 42-9-380, 38-3-90, 38-3-50, 38-3-20, 38-3-30, 13-3-130, 13-3-40, 13-3-50, 13-3-60, 55-5-250, 55-5-40, 55-1-15, 20-7-5620, 20-7-5680, 46-5-10, 50-1-280, AND CHAPTER 5 OF TITLE 12, SO AS TO REVISE THEM IN CONFORMITY WITH THE ABOVE PROVISIONS.

POINT OF ORDER

Rep. McELVEEN further raised the Point of Order that the full text of each Section refer to the title and be set forth with indications of what was being amended.

The SPEAKER stated that it was set forth in the title now.

Rep. McELVEEN stated that every bill shall give the full text of the Section or clearly identifiable subdivisions of the section as it would read.

The SPEAKER stated that the bill as it was introduced by the authors did not propose an amendment and that the Point had been raised to correct the title because of germaneness under paragraph 2 of Rule 5.2 and that it had been done. He further stated that the Bill was what the House would consider and that every amendment would have to comply with Rule 5.2.

Rep. McELVEEN, citing the third paragraph of Rule 5.2, stated that if the title referred to the amendment of Bills, then the actual section to be amended must be set forth in full with the indication of what was being changed.

The SPEAKER stated that this was done only if the authors had proposed to amend those sections in the Bill and they did not and he overruled the Point of Order.

Reps. SHEHEEN, HODGES, BOAN, WILKINS and JENNINGS proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\CYY\15265SD.93), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting the text of H. 3611, beginning with Section 1. However, the printing of this amendment will be waived (Rule 5.14) at the end of its debate:

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

Rep. McELVEEN spoke upon the amendment.

Rep. McELVEEN spoke upon the amendment.

Rep. CANTY spoke against the amendment.

Rep. CANTY spoke against the amendment.

Rep. McLEOD spoke against the amendment.

Rep. NEAL spoke against the amendment.

MOTION ADOPTED

On motion of Rep. COBB-HUNTER, Rep. NEAL's remarks were ordered printed in the Journal as follows:

"When I was elected to represent the people of House District 70, I never imagined that in my first three months of holding public office I would be called upon to cast a vote to reorganize a government that has functioned in its present structure since 1895. I never dreamed that I would seek to be recognized on an issue of this magnitude. I was cautioned by members of this Body than an old adage my grandmother employed about children being seen and not heard as being equally applicable to freshmen legislators as well. However, I cannot be silent. House Bill 3611 is over 2,000 pages long. It merges service functions of agencies the people of House District 70 rely on and have expressed no dissatisfaction with. State Commissions comprised of citizens with great racial and gender diversity are dissolved and replaced with a political appointee. Local Boards with an ever broader spectrum of participation are made advisory only. It is true that reorganization will change the face of state government, but will this transformation broaden the rainbow of participation or bleach it? I believe that I owe it to the people who elected me to office to examine closely the ramifications of this bill. My goal in reorganizing state government is to provide greater accessibility, more accountability and responsiveness to the needs of our people. To date, my understanding of this matter comes from a bill summary and an explanation from some of the authors of this bill. I respect the Speaker, the Chairmen of the House Ways and Means Committee and the Judiciary Committee, however, I do not believe it is reasonable to ask that those of us who do not serve on the Ways and Means Committee and Judiciary Committee to consider a matter of this consequence without first reading and digesting this document. My grandmother also cautioned me of buying a pig in a polk. With all due respect to the leadership of the House I was not elected to serve them but the people of House District 70. I would like to study this bill before debating it."

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARRISON a leave of absence.

Rep. SCOTT spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. G. BROWN spoke against the amendment.

Rep. G. BROWN spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 89; Nays 25

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, J.             Baker
Barber                 Boan                   Carnell
Cato                   Chamblee               Clyborne
Cooper                 Corning                Cromer
Davenport              Delleney               Elliott
Fair                   Farr                   Felder
Gamble                 Gonzales               Govan
Graham                 Hallman                Harrell
Harris, J.             Harris, P.             Harwell
Haskins                Hodges                 Holt
Huff                   Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             Martin
Mattos                 McAbee                 McCraw
McKay                  McTeer                 Meacham
Neilson                Phillips               Quinn
Rhoad                  Richardson             Riser
Robinson               Rogers                 Rudnick
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stone
Stuart                 Sturkie                Thomas
Townsend               Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Wilder, D.             Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--89

Those who voted in the negative are:

Anderson               Breeland               Brown, G.
Brown, J.              Byrd                   Canty
Cobb-Hunter            Harrelson              Harvin
Hines                  Houck                  Inabinett
Kennedy                Keyserling             McElveen
McLeod                 McMahand               Moody-Lawrence
Neal                   Stoddard               Waites
Whipper                White                  Wilkes
Williams

Total--25

So, the amendment was adopted.

RECORD FOR JOURNAL

I voted against the adoption of Amendment #1, H. 3546 because I would like to have time to read this 2556 page before voting on it. I support restructuring, but cannot vote on something this important without having first read it.

Rep. CANDY WAITES

RULE 5.14 WAIVED

Rep. McTEER moved to Waive Rule 5.14 on Amendment 1A.

The yeas and nays were taken resulting as follows:

Yeas 102; Nays 1

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, J.
Baker                  Barber                 Beatty
Boan                   Breeland               Byrd
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Cromer                 Davenport              Delleney
Elliott                Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Graham                 Harrell
Harrelson              Harris, J.             Harris, P.
Harwell                Haskins                Hines
Hodges                 Holt                   Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Martin                 Mattos
McAbee                 McCraw                 McKay
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Rogers
Rudnick                Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, R.              Snow                   Spearman
Stille                 Stone                  Thomas
Townsend               Trotter                Tucker
Vaughn                 Waites                 Waldrop
Walker                 Wells                  Wilder, D.
Wilkes                 Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

Total--102

Those who voted in the negative are:
Canty

Total--1

So, Rule 5.14 was waived.

MOTION TABLED

Rep. CARNELL moved to suspend Rule 5.19A.

Rep. SHEHEEN spoke against the motion.

Rep. McELVEEN spoke in favor of the motion.

Rep. FELDER was recognized.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that debating this motion was out of order in that House Rules did not speak to the question of whether the motion to limit the time of debate itself would be debatable and that Mason's, under Section 358 on page 257, Subsection 1, stated that motions that are ordered to limit or to extend the limits of debate are undebatable and to permit debate on these motions would defeat their purpose.

Rep. SHEHEEN argued contra the Point in stating that under Rule 8.11 (a), that it was within the discretion of the Speaker to allow short remarks concerning the undebatable motions. He further stated that short remarks on both sides should be allowed and that it would fit in those same motions that the House amended 8.11 (a).

Rep. HASKINS stated that the motion to limit debate was not one of the motions listed under Rule 8.11 which would allow the short remarks as the Speaker may permit. He further stated that if the Speaker ruled that it should be treated the same, then only brief remarks should be allowed.

SPEAKER Pro Tempore WILKINS stated that since members had already spoken on the motion that he would allow it to continue and that only brief remarks would be allowed and that they must pertain to the motion to suspend Rule 5.19 and he overruled the Point of Order.

Rep. FELDER spoke in favor of the motion.

POINT OF ORDER

Rep. McLEOD raised the Point of Order that the Bill was out of order in compliance with Rule 4.3 in that it was referred to the wrong committee.

Rep. SHEHEEN argued contra the Point in stating that the Point came too late in that the Point had to be raised when the Bill was read across the desk and referred to the Committee and once it had been referred to the Committee, then the subject matter jurisdiction was taken care of.

SPEAKER Pro Tempore WILKINS stated that the Speaker had wide latitude in referring bills to Committee and that the Point did come too late and he overruled the Point of Order.

PARLIAMENTARY INQUIRY

Rep. McLEOD inquired about the Bill and when it was referred to the Judiciary Committee.

SPEAKER Pro Tempore WILKINS stated that the Bill under debate now was referred by the Speaker to the Judiciary Committee and it was recalled on the floor of the House on Monday.

Rep. JENNINGS moved to table the motion to suspend Rule 5.19A.

The motion to table was agreed to by a division vote of 72 to 45.

Rep. SCOTT moved that the House recede until 2:00 P.M., which was rejected by a division vote of 48 to 60.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. STURKIE a leave of absence.

Rep. G. BROWN moved that the House recede until 2:05 P.M., which was rejected by a division vote of 50 to 53.

RULE 6.1 NOT WAIVED

Rep. KIRSH moved to waive Rule 6.1, which was rejected.

AMENDMENTS 1 THROUGH 13--PASSED OVER

Amendments 1 through 13 were passed over with unanimous consent.

Rep. CROMER proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\436\11082AC.93).

Amend the bill, as and if amended,

by deleting SECTION 27 and inserting:

/SECTION     27.     This act takes effect July 1, 1994./

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

Renumber sections to conform.

Amend title to conform.

Rep. CROMER moved to pass over Amendment No. 14.

Rep. BOAN moved to table the motion.

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

Yeas 80; Nays 26

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Askins
Bailey, J.             Baker                  Barber
Boan                   Breeland               Carnell
Cato                   Chamblee               Clyborne
Cooper                 Davenport              Delleney
Elliott                Felder                 Fulmer
Gamble                 Gonzales               Graham
Hallman                Harrell                Harris, J.
Harris, P.             Haskins                Hodges
Huff                   Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             McAbee
McCraw                 McKay                  McTeer
Meacham                Moody-Lawrence         Neilson
Phillips               Quinn                  Richardson
Riser                  Robinson               Rogers
Scott                  Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Stille                 Stone
Stuart                 Thomas                 Townsend
Trotter                Tucker                 Vaughn
Walker                 Wells                  Whipper
Wilder, D.             Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, R.

Total--80

Those who voted in the negative are:

Alexander, M.O.        Anderson               Beatty
Brown, G.              Canty                  Cobb-Hunter
Cromer                 Fair                   Farr
Harrelson              Hines                  Houck
Inabinett              Kennedy                Keyserling
Mattos                 McElveen               McLeod
McMahand               Neal                   Rudnick
Spearman               Waites                 White
Wilkes                 Williams

Total--26

So, the motion to pass over Amendment No. 14 was tabled.

Rep. CROMER explained the amendment.

POINT OF ORDER

Rep. G. BROWN raised the Point of Order that 1:00 P.M. having arrived, the House should stand in recess until 2:15 P.M. in accordance with Rule 6.1.

SPEAKER Pro Tempore WILKINS sustained the Point of Order.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 14.

THE HOUSE RESUMES

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

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

H. 3546--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 14.

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

AMENDMENT NO. 14--TABLED

Debate was resumed on Amendment No. 14, by Rep CROMER.

Rep. McELVEEN spoke in favor of the amendment.

Rep. HODGES moved to table the amendment.

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

Yeas 60; Nays 29

Those who voted in the affirmative are:

Allison                Bailey, J.             Baker
Boan                   Clyborne               Davenport
Delleney               Elliott                Fair
Gonzales               Govan                  Graham
Hallman                Harrell                Harris, J.
Harris, P.             Harwell                Hodges
Houck                  Huff                   Hutson
Jennings               Kinon                  Kirsh
Klauber                Lanford                Littlejohn
Marchbanks             Martin                 McAbee
McCraw                 McKay                  McTeer
Meacham                Quinn                  Rhoad
Richardson             Riser                  Rogers
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Snow                   Stille                 Stone
Stuart                 Thomas                 Trotter
Tucker                 Walker                 Wells
White                  Wilkins                Witherspoon
Wofford                Worley                 Wright

Total--60

Those who voted in the negative are:

Anderson               Barber                 Beatty
Breeland               Brown, G.              Brown, J.
Canty                  Chamblee               Cobb-Hunter
Cromer                 Farr                   Harrelson
Holt                   Inabinett              Keegan
Kelley                 Kennedy                Keyserling
Law                    McElveen               McLeod
McMahand               Rudnick                Spearman
Stoddard               Waites                 Wilder, D.
Wilkes                 Williams

Total--29

So, the amendment was tabled.

Rep. HARRELSON proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\DKA\4353AL.93), which was tabled.

Amend the bill, as and if amended, SECTION 1. Department of State Government -- General Provisions. To require that all persons appointed by the Governor or elected by the General Assembly, except members of the Judiciary, may be removed by the appointing or electing authority for legal cause.

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

Renumber sections to conform.

Amend title to conform.

Rep. HARRELSON explained the amendment.

Rep. HODGES moved to table the amendment, which was agreed to by a division vote of 64 to 28.

Rep. HARRELSON proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\CYY\15254SD.93), which was adopted.

Amend the bill, as and if amended, in Section 1 by adding a new Section 1-30-11 immediately following Section 1-30-10 to read:

/Section 1-30-11. No person may be appointed as director of a department created in Section 1-30-10 or to an administrative law judgeship created in Section 1-23-510 if that person, a member of his immediate family, or an entity or business in which he has majority control has contributed after July 1, 1993, individually or in combination, more than a total of one thousand dollars to the most recent campaign of the Governor who will act as his appointing authority for such offices./

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

Renumber sections to conform.

Amend title to conform.

Rep. HARRELSON explained the amendment.

Rep. McELVEEN spoke in favor of the amendment.

Rep. CROMER spoke in favor of the amendment.

Rep. G. BROWN spoke in favor of the amendment.

Rep. CLYBORNE moved to table the amendment.

SPEAKER PRO TEMPORE IN CHAIR

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

Yeas 20; Nays 92

Those who voted in the affirmative are:

Bailey, J.             Boan                   Gonzales
Graham                 Harris, P.             Haskins
Hodges                 Huff                   Jennings
Littlejohn             Marchbanks             Martin
McCraw                 Robinson               Rogers
Sharpe                 Trotter                Tucker
Wilkins                Witherspoon

Total--20

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Baker                  Barber
Beatty                 Breeland               Brown, G.
Brown, H.              Brown, J.              Canty
Carnell                Cato                   Clyborne
Cobb-Hunter            Cooper                 Cromer
Davenport              Delleney               Elliott
Fair                   Farr                   Felder
Fulmer                 Gamble                 Govan
Hallman                Harrell                Harrelson
Harris, J.             Harwell                Hines
Holt                   Houck                  Hutson
Inabinett              Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Koon
Lanford                Law                    Mattos
McAbee                 McElveen               McKay
McLeod                 McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Richardson             Riser                  Rudnick
Scott                  Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Snow                   Spearman               Stille
Stoddard               Stone                  Stuart
Sturkie                Thomas                 Townsend
Vaughn                 Waites                 Waldrop
Walker                 Wells                  Whipper
White                  Wilder, D.             Wilkes
Williams               Wofford                Worley
Young, A.              Young, R.

Total--92

So, the House refused to table the amendment.

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

Rep. HARRELSON proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\DKA\4351AL.93), which was tabled.

Amend the bill, as and if amended, by making the Law Enforcement Department an independent agency under the control of the Law Enforcement Commission. The Law Enforcement Commission is created and composed of three members, two of whom are elected by the General Assembly and must have at least five years of law enforcement or prosecutional experience. The remaining member is appointed by the Governor. The terms of the members are four years and the term of the Governor's appointee is coterminous with the Governor appointing. The Attorney General is a nonvoting ex officio member of the commission.

The commission is responsible for overseeing and administering the department through a director selected by the commission to serve for five years. The director may be removed upon indictment, legal cause, or physical or mental incapacity.

Within the department there must be a Division of Internal Affairs responsible for investigating and reporting alleged misconduct within the department. The head of this division reports to the director and any disciplinary action recommended against a law enforcement officer must be reviewed by the commission within thirty days. If no review is requested by the officer or the department, it becomes final. An investigation of the director for misconduct must be initiated by the Division of Internal Affairs and reported directly to the commission. The department shall promulgate policies and procedures for conducting investigations, hearings, and disciplinary action.

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

Renumber sections to conform.

Amend title to conform.

Rep. HARRELSON explained the amendment.

SPEAKER IN CHAIR

Rep. HARRELSON continued speaking.

Rep. A. YOUNG moved to table the amendment.

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

Yeas 65; Nays 42

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Bailey, J.
Baker                  Barber                 Boan
Brown, H.              Cato                   Clyborne
Cooper                 Cromer                 Delleney
Elliott                Fair                   Farr
Gamble                 Gonzales               Graham
Hallman                Harrell                Harris, J.
Harwell                Haskins                Hodges
Holt                   Houck                  Huff
Hutson                 Jennings               Keegan
Kinon                  Kirsh                  Klauber
Koon                   Littlejohn             Marchbanks
Martin                 McCraw                 McKay
Meacham                Richardson             Riser
Robinson               Rogers                 Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Stone
Stuart                 Sturkie                Thomas
Trotter                Tucker                 Vaughn
Walker                 Wells                  Wilder, D.
Wilkins                Witherspoon            Wofford
Young, A.              Young, R.

Total--65

Those who voted in the negative are:

Alexander, M.O.        Anderson               Beatty
Breeland               Brown, G.              Brown, J.
Canty                  Carnell                Chamblee
Cobb-Hunter            Davenport              Harrelson
Harris, P.             Hines                  Inabinett
Kennedy                Keyserling             Lanford
Law                    Mattos                 McElveen
McLeod                 McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Rhoad                  Rudnick                Scott
Snow                   Spearman               Stille
Stoddard               Townsend               Waites
Waldrop                Whipper                White
Wilkes                 Williams               Worley

Total--42

So, the amendment was tabled.

Rep. HARRELSON proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\DKA\4352AL.93), which was tabled.

Amend the bill, as and if amended, Law Enforcement Department, by requiring that the present chief of the South Carolina Law Enforcement Division (SLED) must be offered the first appointment as director of the department.

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

Renumber sections to conform.

Amend title to conform.

Rep. HARRELSON explained the amendment.

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

Reps. RUDNICK, SCOTT, SNOW and BYRD proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\N05\8948SD.93), which was ruled out of order.

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

/SECTION __.     Title 2 of the 1976 Code is amended by adding:

"CHAPTER 8
South Carolina Initiative Petition Act

Section 2-8-10.     This chapter may be cited as the Initiative Petition Act.

Section 2-8-20.     As provided under Article XVII of the Constitution of this State, qualified electors, by joining in a petition to be filed in the office of the State Election Commission, may initiate a desired statutory law or constitutional amendment and cause the same to be submitted to the qualified electors of this State at the next general election.

Section 2-8-30.     (A)     No measure that relates to religion, religious practices, or religious institutions; or to the appointment, qualification, tenure, removal, recall, or compensation of judges, or to the reversal of a judicial decision; or to the powers, creation, or abolition of courts; or the operation of which is restricted to a particular municipality or other political division; or state appropriations may be proposed by an initiative petition. However, if a law approved by the people is not repealed, the General Assembly shall appropriate the money necessary to implement the law.

(B)     No measure that relates to more than one subject may be proposed by an initiative petition.

Section 2-8-40.     (A)     Before circulating a petition proposing a statutory law or a constitutional amendment, an application, developed by the State Election Commission, along with five certified copies must be filed in the office of the State Election Commission. The application must be signed by no fewer than five qualified electors, hereinafter designated as 'sponsors'. Each sponsor shall sign the application, provide his complete address, precinct, and voter registration number, and shall acknowledge his signature under oath before an officer competent to administer oaths. No additional sponsors may be added after the original application is filed. The application must include a copy of the petition that sets forth a full and correct copy of the proposed measure.

(B)     The State Election Commission shall certify whether or not the measure in an application filed pursuant to subsection (A):

(1)     is in proper form as to text and title for submission to the people;

(2)     is not, either affirmatively or negatively, substantially the same as any measure which has been qualified for submission or submitted to the people at the preceding statewide general election;

(3)     relates to only one subject; and

(4)     relates to a subject not excluded pursuant to Section 2-8-30.

(C)     If the application meets the requirements of subsection (A) of this section and the commission certifies that the proposed measure meets the requirements of subsection (B) of this section, the commission shall approve the application.

(D)     The commission shall provide blanks for the use of subsequent signers and shall print at the top of each blank a fair, concise summary of the proposed measure. The summary of both a statutory law and a constitutional amendment must be prepared by the State Constitutional Ballot Commission. If the measure is placed on the ballot, the summary from the petition must also appear on the ballot.

(E)     After an application is approved, the State Election Commission shall, within ten days, furnish a certified copy of the petition to each sponsor. No blank may be circulated for signatures unless it is attached to a certified petition copy.

(F)     Upon receipt of certified petition copies, the sponsors shall circulate and obtain all signatures on the initiative petition blanks within six months. A signature obtained more than six months before the filing date is invalid.

Section 2-8-50.     (A)     A valid signature on the initiative petition must include the name, complete address, precinct, and voter registration number of the signer, and the date of the signature.

(B)     No signature on a petition is valid unless it is made in the presence of a sponsor. Each separate sheet of the petition containing signatures must be verified on the back by the sponsor in whose presence the sheets were signed.

Section 2-8-60.     (A)     Each initiative petition, when signed and verified as provided in this chapter, must be delivered at least one hundred eighty days before any general election to the State Election Commission so that the commission may determine whether the petition conforms to the requirements of this chapter.

(B)     The State Election Commission shall check all of the names of the signers against official voter registration lists and certify on the petition whether or not each name is that of a qualified elector. The number of names appearing on each verified petition copy that are certified as qualified electors must be counted. If the number of names properly signed, verified, and certified equals or exceeds ten percent of the qualified electors eligible to vote at the last general election as required by Article XVII of the Constitution of this State, the State Election Commission shall mark the petition as sufficient. If the number of names properly signed, verified, and certified does not equal or exceed the ten percent of the qualified electors eligible to vote at the last general election as required by Article XVII of the Constitution of this State, the State Election Commission shall mark the petition as insufficient. The State Election Commission shall notify any one of the petition's sponsors of its finding.

Section 2-8-70.     If the State Election Commission determines that the petition meets the requirements of this chapter and declares the petition sufficient, the commission shall submit the proposed law or constitutional amendment to the qualified electors of this State at the next general election.

Section 2-8-80.     (A)     A proposed statutory law or constitutional amendment submitted to the people by initiative that is approved by a majority of the qualified electors voting on the proposed law or constitutional amendment becomes a statutory law of this State or a part of the Constitution on July first following the general election. The State Election Commission shall certify the results to the Code Commissioner who shall assign the statutory law or constitutional amendment to an appropriate place in the code of laws or the Constitution.

(B)     No statutory law or constitutional amendment adopted by the people is subject to veto by the Governor.

(C)     A statutory law approved by the people pursuant to this chapter may be amended or repealed by the General Assembly after it takes effect. A constitutional amendment approved by the people pursuant to this chapter may be amended or repealed in the manner provided in this chapter or as provided in Article XVI of the Constitution of this State.

(D)     If provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail.

Section 2-8-90.     (A)     Within ten days of certification by the Board of State Canvassers of the general election's results in which a proposed law or constitutional amendment is submitted to the people by initiative, a qualified elector who signed the petition to submit the measure may appeal the election's results to the State Election Commission.

(B)     A defeated initiative may not be resubmitted to the qualified electors of this State within four years of the general election in which the initiative was defeated.

Section 2-8-100.     Every person who is a qualified elector of this State may sign a petition for the initiation of any measure upon which he is legally entitled to vote. A person signing a name other than his own to a petition, or knowingly signing his name more than once for the same measure at one election, or who is not at the time he signs the petition a qualified elector of this State, or an officer or person who knowingly and wilfully violates a provision of this chapter, is guilty of a misdemeanor, and, upon conviction, must be punished by a fine of not more than one thousand dollars or by imprisonment for not more than ninety days, or both."/
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions.

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. HODGES raised the Point of Order that Amendment No. 21 was out of order as it was not germane.

Rep. RUDNICK argued contra the Point in stating that it was germane in that it certainly had to do with the way the House was going about the changing of government in that it dealt with initiative.

Rep. McELVEEN stated that it would be germane in that this was a Bill in which undertakes restructuring of government and leaves almost no part of government untouched and that it would be difficult to say that anything was not germane if it dealt with the structure of state government.

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

SPEAKER PRO TEMPORE IN CHAIR

Rep. McABEE proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\CYY\15247SD.93), which was tabled.

Amend the bill, as and if amended, by returning the law enforcement department of the Public Service Commission, made a part of the Law Enforcement Department in Section 14, to the Public Service Commission which is a separate and independent entity.

Amend the bill further, as and if amended, by devolving the duties, functions, and personnel of the size and weight division of the South Carolina Highway Patrol, made a part of the Law Enforcement Department in Section 14, upon the Public Service Commission.

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

Renumber sections to conform.

Amend title to conform.

Rep. McABEE explained the amendment.

Rep. SHEHEEN spoke against the amendment.

Reps. McLEOD and G. BROWN spoke in favor of the amendment.

Rep. SHEHEEN moved to table the amendment, which was agreed to by a division vote of 70 to 40.

Reps. CROMER and RUDNICK proposed the following Amendment No. 28 (Doc Name L:\council\legis\amend\BBM\10330AC.93), which was tabled.

Amend the bill, as and if amended,

by deleting beginning on page 20, lines 31-40, Section 1-30-10(G), as contained in SECTION 1 of the bill, Departments of State Government, and inserting:

/(G)     Notwithstanding the provisions of (B) and (C) of this section, the Department of Agriculture and the Department of Education must be headed by the State Commissioner of Agriculture and the State Superintendent of Education, respectively, elected to office under the Constitution of this State; the Law Enforcement Department shall be headed by a chief to be appointed and serve pursuant to the provisions of Section 23-3-10, et seq.; and the Department of Insurance must be headed by the Insurance Commissioner who must be elected pursuant to Section 38-3-102./

Amend further SECTION 13, Department of Insurance, by adding an appropriately numbered item to read:

/( )     The 1976 Code is amended by adding:

"Section 38-3-102. (A) The Chief Insurance Commissioner must be elected by the qualified electors of the State in the general election. He may succeed himself in the office. His term begins at noon on the first Wednesday following the second Tuesday in January next after his election and ends at noon on the first Wednesday following the second Tuesday in January four years later.

(B)     The commissioner is not subject to the State Employee Grievance Committee nor any internal grievance procedure established by the Department of Insurance. He shall receive an annual salary provided by law. He must be at least thirty years of age. He may not hold another public office while serving as commissioner but shall devote all of his working time to the duties of his office as provided by law. No candidate for or person elected to the office of commissioner may accept campaign contributions or anything of value, direct or indirect, from insurance companies regulated by the commission or their subsidiaries including, but not limited to, employees and their immediate families. Before taking the oath of office he shall sever all connections, either direct or indirect, except as a policyholder, with an insurance company or agency and shall maintain the severance during his tenure of office. If he becomes a candidate for another public office or becomes a member of a political committee during tenure, his office as commissioner must be vacated immediately.

(C)     A vacancy in the office of commissioner must be filled by the Insurance Commission of South Carolina for the unexpired portion of the term.
Amend further by authorizing necessary changes in the text of the bill to conform to the above provisions."/

Renumber sections to conform.

Amend title to conform.

Rep. CROMER explained the amendment.

Rep. RICHARDSON spoke against the amendment.

Rep. RUDNICK spoke in favor of the amendment.

Rep. RICHARDSON spoke against the amendment.

Rep. T.C. ALEXANDER spoke against the amendment.

Rep. CLYBORNE moved to table the amendment.

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

Yeas 76; Nays 31

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, G.             Bailey, J.             Baker
Boan                   Brown, H.              Cato
Clyborne               Cooper                 Davenport
Delleney               Elliott                Fair
Felder                 Gamble                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hodges                 Holt
Houck                  Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Littlejohn
Marchbanks             McKay                  McLeod
McTeer                 Meacham                Moody-Lawrence
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Sharpe                 Sheheen                Shissias
Simrill                Smith, R.              Stille
Stone                  Stuart                 Thomas
Trotter                Tucker                 Vaughn
Waites                 Walker                 Wells
Whipper                Wilkes                 Wilkins
Witherspoon            Wofford                Wright
Young, A.

Total--76

Those who voted in the negative are:

Anderson               Beatty                 Breeland
Brown, J.              Canty                  Carnell
Chamblee               Cobb-Hunter            Cromer
Farr                   Harrelson              Hines
Inabinett              Kennedy                Law
Martin                 McAbee                 McCraw
Neal                   Neilson                Rudnick
Scott                  Smith, D.              Snow
Spearman               Stoddard               Townsend
White                  Wilder, D.             Williams
Worley

Total--31

So, the amendment was tabled.

Rep. DAVENPORT proposed the following Amendment No. 30 (Doc Name L:\council\legis\amend\CYY\15252SD.93), which was adopted.

Amend the bill, as and if amended, in subsection (B) of Section 1-30-10 of the 1976 Code as contained in Section 1 by adding at the end thereof the following:

/The Governor in making the appointments provided by this section shall endeavor to appoint individuals who have demonstrated exemplary managerial skills which have been applied in either the public or private sectors./

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

Renumber sections to conform.

Amend title to conform.

Rep. DAVENPORT explained the amendment.

POINT OF ORDER

Rep. RUDNICK raised the Point of Order that Amendment No. 30 was out of order as it was not germane in that it was already in the first part of the Bill.

SPEAKER Pro Tempore WILKINS stated that it was germane in that it did not refer to managerial skills and it might be placing a different section of the amendment that had already been adopted and he overruled the Point of Order.

Rep. DAVENPORT continued speaking.

The amendment was then adopted.

AMENDMENT NO. 32--DEBATE ADJOURNED

Reps. COBB-HUNTER, BEATTY, SCOTT and WHITE proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\DKA\4350AL.93).

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

/(E)     A department director or constitutional officer may appoint deputy directors to head the divisions of their department, with each deputy director managing one or more of the divisions. In making the appointments, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. Deputy directors serve at the will and pleasure of the director. The deputy director of the division is vested with the duty of overseeing, managing, and controlling operation and administration of the division under the direction and control of the department director and performing other duties as delegated by the director./

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

Renumber sections to conform.

Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

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

Reps. BEATTY, WHITE, WHIPPER, CANTY and BYRD proposed the following Amendment No. 41 (Doc Name L:\council\legis\amend\DKA\4340AL.93), which was tabled.

Amend the bill, as and if amended, SECTION 19. Department of Rehabilitation and Corrections, by moving all functions relating to Youth Services to SECTION 10. Department of Family Services as a separate division.

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

Renumber sections to conform.

Amend title to conform.

Rep. BEATTY explained the amendment.

Rep. WHIPPER spoke in favor of the amendment.

Rep. HARWELL spoke in favor of the amendment.

Reps. ROGERS and WAITES spoke against the amendment.

Rep. WHIPPER spoke in favor of the amendment.

LEAVE OF ABSENCE

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

Rep. JENNINGS spoke against the amendment.

LEAVES OF ABSENCE

The SPEAKER Pro Tempore granted Reps. BREELAND and GOVAN a leave of absence for the remainder of the day.

Rep. JENNINGS continued speaking.

LEAVE OF ABSENCE

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

Rep. HARWELL spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. HARWELL continued speaking.

Reps. HARRELSON and SCOTT spoke in favor of the amendment.

Rep. HODGES moved to table the amendment.

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

Yeas 65; Nays 44

Those who voted in the affirmative are:

Allison                Bailey, J.             Baker
Barber                 Boan                   Brown, H.
Cato                   Chamblee               Clyborne
Cooper                 Cromer                 Delleney
Elliott                Fair                   Fulmer
Gamble                 Gonzales               Graham
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Haskins
Hodges                 Holt                   Huff
Hutson                 Jaskwhich              Jennings
Keegan                 Kelley                 Kirsh
Klauber                Koon                   Law
Littlejohn             Marchbanks             Martin
McCraw                 McKay                  Meacham
Phillips               Riser                  Robinson
Rogers                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Stone                  Stuart                 Thomas
Trotter                Tucker                 Vaughn
Walker                 Wells                  Wilkins
Witherspoon            Wofford                Worley
Young, A.              Young, R.

Total--65

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Beatty                 Brown, G.              Brown, J.
Canty                  Carnell                Cobb-Hunter
Farr                   Harrelson              Harvin
Harwell                Hines                  Houck
Inabinett              Kennedy                Keyserling
Kinon                  Mattos                 McAbee
McElveen               McLeod                 McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Quinn                  Rhoad
Richardson             Rudnick                Scott
Sharpe                 Spearman               Stille
Townsend               Waites                 Whipper
White                  Wilder, D.             Wilkes
Williams               Wright

Total--44

So, the amendment was tabled.

Rep. McLEOD moved that the House do now adjourn.

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

Yeas 20; Nays 79

Those who voted in the affirmative are:

Barber                 Beatty                 Brown, G.
Carnell                Chamblee               Cobb-Hunter
Harrelson              Harris, P.             Harvin
Inabinett              McAbee                 McLeod
Neal                   Riser                  Stille
Townsend               Waites                 Whipper
White                  Wilkes

Total--20

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, J.             Baker
Boan                   Brown, H.              Brown, J.
Cato                   Clyborne               Cooper
Cromer                 Delleney               Elliott
Farr                   Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harris, J.             Harrison
Harwell                Hodges                 Holt
Houck                  Huff                   Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Koon                   Law                    Littlejohn
Marchbanks             Mattos                 McCraw
McKay                  McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Quinn                  Rhoad                  Richardson
Robinson               Rogers                 Rudnick
Scott                  Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stone                  Stuart
Thomas                 Trotter                Tucker
Vaughn                 Walker                 Wells
Wilder, D.             Wilkins                Witherspoon
Wofford                Wright                 Young, A.
Young, R.

Total--79

So, the House refused to adjourn.

Reps. RUDNICK, SCOTT and CROMER proposed the following Amendment No. 44 (Doc Name L:\council\legis\amend\N05\8959BD.93), which was ruled out of order.

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

/__.     1.     The 1976 Code is amended by adding to Title 8:

"CHAPTER 29
Recall of Public Officials

Section 8-29-10.     As used in this chapter:

(1)     'Public office' means a position of duty, trust, or authority in the executive or legislative branches of government created by the Constitution, the General Assembly, or a political subdivision through authority conferred by the Constitution or the General Assembly that is filled by a vote of qualified electors for a definite term of office fixed by law.

(2)     'Political subdivision' means a local government unit, including, but not limited to, a county, municipal corporation, school district, or special purpose district.

(3)     'State-district' means a House of Representatives or senatorial district or a judicial circuit.

Section 8-29-20.     Persons holding public office in the executive or legislative branches of state or local government may be recalled by the people as provided in this chapter.

Section 8-29-30.     (A) (1)     Every person holding a public office of the State or any of its political subdivisions in the executive or legislative branches of state or local government filled by a vote of qualified electors is subject to recall from the office.

(2)     A public officer holding an elective office may be recalled by the qualified electors entitled to vote for his successor.

(3)     Physical or mental lack of fitness, incompetence, violation of his oath of office, official misconduct, or conviction of a felony offense enumerated in the current statutory laws of South Carolina is the only basis for recall. No person may be recalled for performing a mandatory duty of the office he holds or for not performing any act that, if performed, would subject him to prosecution for official misconduct.

Section 8-29-40.     The recall is cumulative and additional to, rather than a substitute for, other methods for removal of public officers.

Section 8-29-50.     (A)     Every person who is a qualified elector of this State may sign a petition for recall of a state officer.

(B)     Every person who is a qualified elector of a district of the State from which a state-district officer is elected may sign a petition for recall of a state-district officer of that district.

(C)     Every person who is a qualified elector of a political subdivision of this State may sign a petition for recall of an officer of that political subdivision. However, if a political subdivision is divided into election districts, a person must be a qualified elector in the election district, to be eligible to sign a petition to recall an officer elected from that election district and the signature requirements of Section 8-29-70 apply only to persons registered in the appropriate election district.

Section 8-29-60.     (A)     A recall petition may not name more than one officer to be recalled.

(B)     No recall petition against an officer may be approved for circulation, as required in Section 8-29-100(C), until he has held office for three months.

(C)     No recall petition may be filed against an officer for whom a recall election has been held for two years during his term of office unless the State or political subdivision financing the recall election is reimbursed first for all expenses of the preceding recall election.

Section 8-29-70.     Recall petitions for state officers must contain the signatures of qualified electors equaling at least fifteen percent of the number of persons registered to vote at the preceding state general election. A petition for the recall of a state-district officer must contain the signatures of qualified electors equaling at least twenty-five percent of the number of persons registered to vote in the last preceding election in that district. Recall petitions for county officers must contain the signatures of qualified electors equaling at least twenty-five percent of the number of persons registered to vote at the preceding county general election. Recall petitions for elected or appointed officers of municipalities, special purpose districts, or school districts must contain the signatures of qualified electors equaling at least twenty-five percent of the number of persons registered to vote at the preceding election for offices of the municipality, special purpose district, or school district.

Section 8-29-80.     (A)     Recall petitions must be filed with the official who is provided by law to accept the declaration of nomination or petition for nomination for the office.

(B)     If the appropriate filing official refuses to accept and file any petition for recall with the proper number of signatures of qualified electors, an elector within ten days after the refusal may apply to the circuit court for a writ of mandamus. If it is determined that the petition is sufficient, the circuit court shall order the petition to be filed with a certified copy of the writ attached as of the date when originally it was offered for filing. On a showing that a filed petition is not sufficient, the court may enjoin certification, printing, or recall election.

(C)     All suits or appeals therefrom must be advanced on the court docket and heard and decided by the court as expeditiously as possible.

(D)     Any aggrieved party may file an appeal within ten days after any adverse order or decision as provided by law.

Section 8-29-90.     (A)     The form of the recall petition must be substantially as follows:

'RECALL PETITION

To the Honorable ______________, (name and office of filing officer): We, the undersigned qualified electors of the State of South Carolina (or name of appropriate state-district or political subdivision and appropriate election district) respectfully petition that an election be held as provided by law on the question of whether ___________________________, holding the office of _________________________, should be recalled for the following reasons: (Setting out a general statement of the reasons for recall in not more than two hundred words). By his signature each signer certifies: "I have personally signed this petition; I am a qualified elector of the State of South Carolina (name of appropriate political subdivision and appropriate election district); and my residence and post office address are written correctly after my name to the best of my knowledge and belief".'

(B)     Numbered lines must follow the above heading. Each numbered line must contain spaces for the signature, post office address, and printed last name of the signer. Each separate sheet of the petition must contain the heading and reasons for the proposed recall as prescribed above.

Section 8-29-100.     (A)     The signatures on each petition must be placed on sheets of paper known as circulation sheets. Each circulation sheet must be substantially 8 1/2 x 14 inches or a continuous sheet may be folded so as to meet this size limitation. The circulation sheets must be ruled with a horizontal line 1 1/2 inches from the top. The space above the line must remain blank and must be for the purpose of binding.

(B)     The petition, for purposes of circulation, may be divided into sections, each section to contain not more than twenty-five circulation sheets.

(C)     Before a petition may be circulated for signatures, a sample circulation sheet must be submitted to the officer with whom the petition must be filed in the form in which it must be circulated. The filing officer shall review the petition for sufficiency as to form and approve or reject the form of the petition, stating his reasons, within one week of receiving the sheet.

(D)     The petition form submitted must be accompanied by a written statement containing the reasons for the desired recall as stated on the petition. The truth of purported facts contained in the statement must be sworn to by at least one of the petitioners before a person authorized to administer oaths.

(E)     The filing officer shall number serially all approved petitions continuously from year to year.

Section 8-29-110.     (A)     Signed circulation sheets or sections of a petition for recall must be submitted to the officer responsible for registration of electors in the county in which the signatures were obtained within three months of the date the form of the petition was approved under Section 8-29-100.

(B)     An affidavit, in substantially the following form, must be attached to each circulation sheet or section submitted to the county officer:

'______________________ (Name of person circulating petition), being first sworn, deposes and says: "I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing it."

_________________________________ (Signature)

Subscribed and sworn before me this ____ day of
_______, 19__
_______________ (Person authorized to take oaths)
___________ (Title or notarial information) Seal'.

Section 8-29-120.     (A)     The county election commission in each county in which a petition is signed shall verify and compare the signatures of each person who has signed the petition to assure that he is an elector in that county and, if satisfied the signatures are genuine, certify that fact to the officer with whom the recall petition is to be filed, in substantially the following form:

'To the Honorable ______________, (name and title of filing officer):

I, _______, _____ (title) of __________ County certify that I have compared the signatures on _____ sheets (specifying number of sheets) of the petition for recall No. _____ attached, in the manner prescribed by law, and I believe ____ (number) signatures are valid for the purpose of the petition. I further certify that the affidavit of the circulator of the (sheet; section) of the petition is attached and that the post office address is completed for each valid signature.

Signed _________ (Date) _________ (Signature)

Seal __________________ (Title)'.

(B)     The certificate is prima facie evidence of the facts stated in it, and the officer receiving the recall petition may consider and count only the signatures certified. However, the officer with whom the recall petition is filed shall consider and count any remaining signatures of the registered voters which prove to be genuine, and those signatures must be considered and counted if they are attested to in the manner and form as provided contested ballots in general elections.

(C)     The county election commission may not retain any portion of a petition for more than thirty days following the receipt of that portion. At the expiration of the thirty-day period, the commission clerk shall certify the valid signatures on that portion of the petition and deliver it to the person with whom the petition is required to be filed.

Section 8-29-130.     Upon filing the petition or a portion of the petition containing the number of valid signatures required under Section 8-29-60, the official with whom it is filed immediately shall give written notice to the officer named in the petition. The notice must state that a recall petition has been filed, set forth the reasons contained in it, and notify the officer named in the recall petition that he has the right to prepare and have printed on the ballot a statement containing not more than two hundred words giving reasons why he should not be recalled. No statement of justification may be printed on the ballot unless it is delivered to the filing official within ten days of the date notice is given.

Section 8-29-140.     (A)     If the officer named in the petition for recall submits his resignation in writing, it must be accepted and becomes effective the day it is offered. The vacancy created by the resignation must be filled as provided by law, provided that the officer named in the petition for recall may not be appointed to fill the vacancy. If the officer named in the petition for recall refuses to resign or does not resign within five days after the petition is filed, a special election must be called unless the filing is within ninety days of a general election, in which case the question must be placed on a separate ballot at the same time as the general election.

(B)     The call of a special election must be made by the Governor in the case of a state or state-district officer or by the board or officer empowered by law to call special elections for a political subdivision in the case of any officer of a political subdivision of the State.

Section 8-29-150.     The notice of a recall election must be

in substantially the following form:

'NOTICE OF RECALL ELECTION

Notice is hereby given pursuant to law that a recall election will be held on ________ (Date) for the purpose of voting upon the recall of __________ who holds the office of

DATED at ____________, _________ (Date)'.

Section 8-29-160.     A special election for recall must be conducted and the results canvassed and certified in the same manner that the law in effect at the time of the election for recall requires for an election to fill the office that is the subject of the recall petition, except as otherwise provided in this section. The powers and duties conferred or imposed by law upon election commissioners, registration officers, canvassing boards, and other public officials who conduct general elections are conferred and imposed upon similar officers conducting recall elections under the provisions of this section together with the penalties prescribed for breach.

Section 8-29-170.     (A)     The ballot at a recall election shall set forth the statement contained in the recall petition stating the reasons for demanding the recall of the officer and the officer's statement of reasons why he should not be recalled. The question of whether the officer should be recalled must be placed on the ballot in a form similar to the following:

/ / FOR recalling ___________ who holds

the office of

/ / AGAINST recalling _________ who holds

the office of

(B)     The form of the ballot must be approved as provided in the election laws of this State.

Section 8-29-180.     Expenses of a recall election must be paid in the same manner as the expenses for any other election. The expenditure of the funds constitutes an emergency expenditure of funds, and the political subdivision affected may fund the costs of a recall election through emergency funding procedures. If a recall election is held for a state or state-district officer, the General Assembly shall appropriate funds to reimburse the counties involved for costs incurred in conducting the election.

Section 8-29-190.     The officer named in the recall petition continues in office until he resigns or the results of the recall election officially are declared. If a majority of those voting on the question vote to remove the officer, the office becomes vacant and the vacancy must be filled as provided by law, provided that the officer recalled may not be appointed to fill the vacancy."

2.     This subsection takes effect when the Constitution is amended to authorize the provisions of the subsection./

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

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. HODGES raised the Point of Order that Amendment No. 44 was out of order as it was not germane.

Rep. RUDNICK argued contra the Point in stating that public officials were throughout the Bill and there was not a mechanism by which they could loose their position.

Rep. McELVEEN stated that a previous amendment adopted by the House made this amendment germane in that it deals with public officers and the election of public officers and the methods which are used to do that.

The SPEAKER stated the previous amendment adopted dealt with appointment of public officers and not the election of public officers and this amendment deals only with public officers that are filled by a vote of qualified electors for a definite term of office fixed by law. He further stated that the Bill dealt with only with those people who are hired and fired and this amendment by definition dealt with public office and defined that and he sustained the Point of Order and ruled the amendment out of order.

Reps. RUDNICK, G. BROWN and BYRD proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\N05\8955BD.93), which was tabled.

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

/SECTION __.     South Carolina Public Service Commission.     (A)     Section 58-3-20 of the 1976 Code is amended to read:

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

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

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

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

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

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

(4)     Notwithstanding any other provision of this section, of those members of the commission initially elected in 1982, four members shall serve for a term of four years and three members shall serve for a term of three years as determined by lot. The commission shall notify the Secretary of State of the terms.

Each congressional district is established to be a public service commission district, and one commissioner must be elected in the general election from each district beginning with the 1994 general election. An additional member must be appointed by the Governor from the state at large. All members must be elected or appointed for terms of four years and until their successors are elected or appointed and qualify. Members must be qualified electors of the district from which they are elected and must be elected by the qualified electors of that district. Members take office on the first day of January following their election or appointment."

B.     Section 58-3-30 of the 1976 Code is amended to read:

"Section 58-3-30.     The commissioners shall take the oath of office provided by the Constitution and the oaths prescribed by law for State state officers. The Governor may shall fill vacancies in the office of commissioner until the successor in such office for a full term or an unexpired term, as the case may be, shall have been elected by the General Assembly by appointment for the unexpired term."

C.     Notwithstanding the provisions of Section 58-3-20 of the 1976 Code, amended in subsection A, the terms of the members of the South Carolina Public Service Commission serving in office on the effective date of this section continue until January 1, 1995, at which time they must be succeeded by the members elected in the general election of 1994 and the member appointed by the Governor. Notwithstanding Section 58-3-20, the initial term of the members elected from districts one, three, and five is two years.

D.     Sections 58-3-21, 58-3-22, 58-3-23, 58-3-24, and 58-3-25 of the 1976 Code are repealed./

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

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER AND PARLIAMENTARY INQUIRIES

Rep. HODGES raised the Point of Order that Amendment No. 45 was out of order as it was not germane in that the Bill did not deal with the issue of the selection of Public Service Commissioners and the amendment attempted to deal with the selection of Public Service Commissioners.

Rep. RUDNICK argued contra the Point in stating that the entire Bill dealt with the elimination of Boards and Commissions and it also dealt with the appointment of Advisory Commissions. She further stated that if the public election of Insurance Commissioners was allowed, then this should be allowed.

Rep. HARRELSON stated that the Bill did provide for the Public Service Commission to stand alone with only part of it being removed and he inquired about whether or not it would be in order to move the Public Service Commission under one of the other umbrellas.

The SPEAKER stated that the Public Service Commission itself as an agency was not addressed in the Bill and that you did not provide for the ones that stood alone. He further stated that there was a provision which dealt with a portion of the Public Service Commission. He further stated that if you wanted to make the Public Service Commission a part of one of the agencies that was in the Bill, an umbrella agency, then it would be appropriate.

Rep. HARRELSON further inquired about the standing alone agencies and their method of selection.

The SPEAKER stated that the standing alone agencies were not enumerated in this Bill but there was one provision. He further stated that the umbrella nature of the Bill and the Public Service Commission being dealt with on page 1489 under the Law Enforcement Section and the Appeals for the Administrative Law Judges were broad enough for this amendment to stand and he overruled the Point of Order.

Rep. HODGES moved to table the amendment.

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

Yeas 75; Nays 15

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Bailey, J.
Baker                  Boan                   Brown, H.
Carnell                Cato                   Chamblee
Clyborne               Cooper                 Corning
Delleney               Elliott                Fair
Fulmer                 Gamble                 Graham
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hodges                 Houck
Huff                   Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Law
Marchbanks             McCraw                 McElveen
McKay                  McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Stone                  Stuart
Thomas                 Trotter                Tucker
Vaughn                 Waites                 Walker
Wells                  Wilder, D.             Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

Total--75

Those who voted in the negative are:

Anderson               Brown, G.              Brown, J.
Cobb-Hunter            Hines                  Holt
Kennedy                Littlejohn             McLeod
McMahand               Neal                   Robinson
Rudnick                Scott                  Williams

Total--15

So, the amendment was tabled.

Rep. SCOTT proposed the following Amendment No. 49 (Doc Name L:\council\legis\amend\JIC\5513HC.93), which was tabled.

Amend the bill, as and if amended, by establishing the South Carolina State Housing Finance and Development Authority, South Carolina Railroad Commission, South Carolina Research Authority, and DHEC Water and Sewer as divisions of the Department of Commerce.

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

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. CLYBORNE moved to table the amendment.

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

Yeas 70; Nays 27

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, J.             Baker                  Barber
Boan                   Brown, H.              Cato
Chamblee               Clyborne               Corning
Cromer                 Delleney               Elliott
Fair                   Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harris, J.             Harrison
Haskins                Hodges                 Houck
Hutson                 Jaskwhich              Jennings
Keegan                 Kelley                 Kirsh
Klauber                Koon                   Littlejohn
Marchbanks             Mattos                 McCraw
McTeer                 Meacham                Neilson
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Sharpe                 Sheheen
Shissias               Smith, D.              Smith, R.
Spearman               Stuart                 Thomas
Trotter                Tucker                 Vaughn
Waites                 Walker                 Wells
Wilder, D.             Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--70

Those who voted in the negative are:

Anderson               Beatty                 Brown, G.
Brown, J.              Canty                  Carnell
Cobb-Hunter            Harrelson              Harvin
Harwell                Hines                  Holt
Inabinett              Kennedy                Keyserling
Kinon                  Law                    McAbee
McLeod                 McMahand               Moody-Lawrence
Neal                   Rudnick                Scott
Stille                 Whipper                Williams

Total--27

So, the amendment was tabled.

Rep. RHOAD moved that the House do now adjourn.

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

Yeas 23; Nays 65

Those who voted in the affirmative are:

Barber                 Brown, G.              Carnell
Chamblee               Cobb-Hunter            Graham
Harrelson              Harris, P.             Harvin
Holt                   Keyserling             Koon
McAbee                 McElveen               McLeod
McMahand               Rhoad                  Riser
Rudnick                Smith, D.              Spearman
Stille                 Whipper

Total--23

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Boan                   Brown, H.
Brown, J.              Clyborne               Cooper
Corning                Cromer                 Delleney
Elliott                Fair                   Fulmer
Gamble                 Gonzales               Hallman
Harrell                Harris, J.             Harrison
Harwell                Haskins                Hines
Hodges                 Houck                  Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Kinon                  Klauber                Law
Littlejohn             Marchbanks             McCraw
McTeer                 Meacham                Moody-Lawrence
Neilson                Phillips               Quinn
Richardson             Robinson               Rogers
Sheheen                Shissias               Smith, R.
Stone                  Stuart                 Thomas
Trotter                Tucker                 Vaughn
Walker                 Wells                  Wilder, D.
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--65

So, the House refused to adjourn.

Rep. SCOTT proposed the following Amendment No. 50 (Doc Name L:\council\legis\amend\DKA\4364AL.93), which was tabled.

Amend the bill, as and if amended, SECTION 14. Law Enforcement Department. So that the chief of the department is appointed by the Governor and his term is for four years and coterminous with the Governor appointing.

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

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. HODGES moved to table the amendment.

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

Yeas 76; Nays 22

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, J.             Baker                  Barber
Boan                   Brown, H.              Chamblee
Clyborne               Cooper                 Corning
Cromer                 Delleney               Elliott
Fair                   Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Hodges                 Houck                  Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Koon
Law                    Littlejohn             Marchbanks
Martin                 Mattos                 McCraw
McKay                  McTeer                 Meacham
Neilson                Phillips               Quinn
Rhoad                  Richardson             Riser
Robinson               Rogers                 Sharpe
Sheheen                Shissias               Simrill
Smith, R.              Stuart                 Thomas
Trotter                Tucker                 Vaughn
Waites                 Walker                 Wells
Wilder, D.             Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--76

Those who voted in the negative are:

Anderson               Brown, G.              Brown, J.
Canty                  Carnell                Cobb-Hunter
Harrelson              Hines                  Inabinett
Kennedy                McAbee                 McLeod
McMahand               Moody-Lawrence         Neal
Rudnick                Scott                  Spearman
Stone                  Townsend               White
Williams

Total--22

So, the amendment was tabled.

AMENDMENT NO. 53--DEBATE ADJOURNED

Rep. CANTY proposed the following Amendment No. 53 (Doc Name L:\council\legis\amend\DKA\4363AL.93).

Amend the bill, as and if amended, SECTION 1. Departments of State Government. Members of the General Assembly are prohibited from being appointed by the Governor as a director of a state department or agency while they are members of the General Assembly and for four years after leaving the General Assembly.

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

Renumber sections to conform.

Amend title to conform.

Rep. CANTY explained the amendment.

Rep. HODGES spoke against the amendment.

Rep. G. BROWN moved that the House do now adjourn.

POINT OF ORDER

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

Yeas 17; Nays 72

Those who voted in the affirmative are:

Brown, G.              Carnell                Chamblee
Cobb-Hunter            Harrelson              Harris, P.
Hines                  Koon                   McElveen
McKay                  McLeod                 McMahand
Rhoad                  Rudnick                Scott
Sharpe                 Spearman

Total--17

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, J.             Baker
Barber                 Boan                   Brown, H.
Clyborne               Cooper                 Corning
Cromer                 Delleney               Elliott
Fair                   Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harris, J.             Harrison
Harvin                 Harwell                Holt
Houck                  Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Law                    Littlejohn             Marchbanks
Martin                 McCraw                 McTeer
Meacham                Neilson                Phillips
Quinn                  Richardson             Riser
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Stone
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Walker
Wells                  Wilder, D.             Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--72

So, the House refused to adjourn.

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

Rep. KEYSERLING proposed the following Amendment No. 55 (Doc Name L:\council\legis\amend\436\11084AC.93), which was adopted.

Amend the bill, as and if amended,

by adding an appropriately numbered item to SECTION 1, Departments of State Government, to read:

/( )     Section 2-17-15 of the 1976 Code, as added by Act 248 of 1991, is amended to read:

/Section 2-17-15.     (A)     The Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, a director or deputy director of a state agency appointed by the Governor, and a member of the immediate family of any of these public officials may not serve as a lobbyist during the time the official holds office and for one year after such public service ends.

(B)     The provisions of this section apply to the Governor, the Lieutenant Governor, or any other statewide constitutional officer who is elected after December 31, 1992, or any member of the General Assembly who is elected after December 31, 1991, and any director or deputy director of a state agency appointed after June 30, 1993./

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

Renumber sections to conform.

Amend title to conform.

Rep. KEYSERLING explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 57--DEBATE ADJOURNED

Reps. KIRSH, HUFF, STONE and R. SMITH proposed the following Amendment No. 57 (Doc Name L:\council\legis\amend\CYY\15249SD.93).

Amend the bill, as and if amended, by providing that the Savannah Valley Authority shall be a division of the Department of Commerce under Section 6 with its governing board being abolished.

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

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KIRSH continued speaking.

Rep. SHEHEEN spoke upon the amendment.

SPEAKER IN CHAIR

Rep. CLYBORNE moved immediate cloture on the entire matter.

The yeas and nays were taken resulting as follows:

Yeas 26; Nays 68

Those who voted in the affirmative are:

Allison                Baker                  Boan
Brown, H.              Clyborne               Gamble
Hodges                 Hutson                 Jennings
Keegan                 Kelley                 Littlejohn
Marchbanks             Quinn                  Smith, D.
Smith, R.              Stuart                 Thomas
Tucker                 Vaughn                 Walker
Wells                  Wilder, D.             Wilkins
Wofford                Young, A.

Total--26

Those who voted in the negative are:

Alexander, M.O.        Anderson               Barber
Beatty                 Brown, G.              Brown, J.
Canty                  Carnell                Chamblee
Cobb-Hunter            Corning                Cromer
Delleney               Fair                   Farr
Fulmer                 Gonzales               Hallman
Harrell                Harrelson              Harris, J.
Harrison               Harwell                Haskins
Hines                  Holt                   Houck
Inabinett              Jaskwhich              Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Law
Martin                 Mattos                 McAbee
McCraw                 McElveen               McLeod
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Richardson             Riser
Robinson               Rudnick                Scott
Sharpe                 Shissias               Simrill
Spearman               Stille                 Stone
Waites                 Whipper                White
Williams               Witherspoon            Worley
Wright                 Young, R.

Total--68

So, having failed to receive the necessary vote, immediate cloture was rejected.

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

Reps. COBB-HUNTER, BEATTY, BARBER and CARNELL proposed the following Amendment No. 58 (Doc Name L:\council\legis\amend\DKA\4347AL.93), which was tabled.

Amend the bill, as and if amended: The powers and duties vested in the South Carolina Mental Health Commission continue unaffected as an independent state agency over the Department of Mental Health. The commission shall consist of seven members: one member from each congressional district of the State and one member from the state at large appointed by the Governor. Upon nomination by the Governor, each nominee must undergo screening by the joint legislative committee pursuant to the provisions of Section 2-19-10, et seq. All remaining provisions concerning the terms, removal, and the filling of vacancies remain the same. Current members serve until their terms expire and until their successors are appointed, pursuant to this provision. Members shall receive subsistence, mileage, and per diem as currently provided by law.

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

Renumber sections to conform.

Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

Reps. CARNELL and COBB-HUNTER spoke in favor of the amendment.

Rep. CLYBORNE moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:

Yeas 66; Nays 37

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, J.             Baker                  Boan
Brown, H.              Cato                   Clyborne
Cooper                 Cromer                 Delleney
Fair                   Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harris, J.             Harrison
Haskins                Hodges                 Holt
Hutson                 Jaskwhich              Jennings
Keegan                 Kelley                 Kinon
Kirsh                  Koon                   Law
Littlejohn             Marchbanks             Martin
Mattos                 McCraw                 McKay
Meacham                Phillips               Quinn
Richardson             Riser                  Robinson
Rogers                 Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Stone                  Stuart
Thomas                 Trotter                Tucker
Vaughn                 Walker                 Wells
Wilkins                Witherspoon            Wofford
Wright                 Young, A.              Young, R.

Total--66

Those who voted in the negative are:

Anderson               Barber                 Beatty
Brown, G.              Brown, J.              Canty
Carnell                Chamblee               Cobb-Hunter
Harrelson              Harris, P.             Harwell
Hines                  Houck                  Inabinett
Kennedy                Keyserling             Klauber
McAbee                 McElveen               McLeod
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Rhoad
Rudnick                Scott                  Spearman
Stille                 Townsend               Waites
Whipper                White                  Wilder, D.
Williams

Total--37

So, the amendment was tabled.

Rep. M.O. ALEXANDER proposed the following Amendment No. 59 (Doc Name L:\council\legis\amend\BBM\10332JM.93), which was tabled.

Amend the bill, as and if amended, Volume I, Section 3 (Screening Committees), page 65, lines 6 through 25, by striking Code Section 2-19-10 and inserting:

/Section 2-19-10.     (A)     Whenever an election is to be held or confirmation of an appointment is to be made by the General Assembly in Joint Session, including members of the judiciary, a joint committee, composed of eight ten members, four five of whom shall be members of the House of Representatives and four five of whom shall be members of the Senate, shall be appointed, except as otherwise provided below, to consider the qualifications of the candidates. Each body shall determine how its respective members shall be selected. Provided, however, that in making appointments to the joint committee, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. Each joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it may deem desirable.

(B)     Where the office to be filled is a family court, circuit court, Court of Appeals, or Supreme Court judgeship, the joint committee shall consist of:

(1)     three members of the House of Representatives;

(2)     three members of the Senate; and

(3)     three members elected for terms of four years each by the General Assembly in Joint Session from a list of five individuals who are not legislators and who are residents of the State recommended to the General Assembly by the South Carolina Bar. Provided, however that in composing the membership of the joint committee under this subsection, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The General Assembly may reject all or a lesser number of the five individuals recommended by the Bar, in which event the Bar shall recommend such additional names as may be necessary to allow the General Assembly to elect three nonlegislator residents of the State to serve on the judicial screening committee. No person elected pursuant to this item shall be eligible for reelection. Vacancies on the committee occurring under this item must be filled in the manner of original selection./

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

Amend title to conform.

Rep. M.O. ALEXANDER explained the amendment.

POINT OF ORDER

Rep. HODGES raised the Point of Order that Amendment No. 59 was out of order as it was not germane in that the provision that it referred to dealt only with the screening of Administrative Law Judges and that this proposed to deal with the screening of Circuit and Family Court Judges and Supreme Court Judges as well.

The SPEAKER stated that the House amended Section 2-19-10 and the amendment amended Section 2-19-10 by changing the make up of the Committee and he overruled the Point of Order.

Rep. M.O. ALEXANDER continued speaking.

Rep. BEATTY moved to table the amendment.

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

Yeas 62; Nays 38

Those who voted in the affirmative are:

Allison                Anderson               Bailey, J.
Baker                  Beatty                 Boan
Brown, J.              Carnell                Clyborne
Cobb-Hunter            Delleney               Fair
Fulmer                 Gamble                 Gonzales
Hallman                Harrell                Harrelson
Harrison               Harwell                Haskins
Hodges                 Holt                   Hutson
Jennings               Kennedy                Kinon
Kirsh                  Klauber                Law
Littlejohn             Marchbanks             Martin
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Quinn
Riser                  Robinson               Rogers
Rudnick                Scott                  Sheheen
Shissias               Simrill                Smith, R.
Spearman               Stille                 Stuart
Thomas                 Townsend               Trotter
Tucker                 Walker                 Wells
White                  Wilkins                Williams
Wright                 Young, A.

Total--62

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Barber
Brown, G.              Brown, H.              Canty
Cato                   Chamblee               Cooper
Corning                Cromer                 Farr
Graham                 Harris, J.             Harris, P.
Hines                  Houck                  Inabinett
Jaskwhich              Keegan                 Kelley
Keyserling             Koon                   Mattos
McCraw                 McElveen               McLeod
Neilson                Phillips               Richardson
Sharpe                 Smith, D.              Stone
Vaughn                 Waites                 Wilder, D.
Witherspoon            Wofford

Total--38

So, the amendment was tabled.

Rep. G. BROWN moved that the House do now adjourn.

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

Yeas 28; Nays 66

Those who voted in the affirmative are:

Alexander, M.O.        Beatty                 Brown, G.
Brown, J.              Canty                  Carnell
Chamblee               Cobb-Hunter            Harris, P.
Hines                  Keyserling             Koon
McAbee                 McElveen               McLeod
McMahand               Neal                   Riser
Robinson               Rudnick                Scott
Spearman               Stille                 Stone
Townsend               Waites                 Whipper
White

Total--28

Those who voted in the negative are:

Alexander, T.C.        Allison                Baker
Boan                   Brown, H.              Cato
Clyborne               Cromer                 Delleney
Fair                   Farr                   Fulmer
Gamble                 Gonzales               Graham
Hallman                Harrell                Harris, J.
Harrison               Harwell                Haskins
Hodges                 Houck                  Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Law                    Littlejohn             Marchbanks
McKay                  McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Quinn                  Richardson             Rogers
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Walker
Wells                  Wilder, D.             Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--66

So, the House refused to adjourn.

Rep. KIRSH proposed the following Amendment No. 61 (Doc Name L:\council\legis\amend\DKA\4373SD.93), which was tabled.

Amend the bill, as and if amended, SECTION 18. Department of Parks, Tourism and Cultural Affairs. By providing that the Old Exchange Building Commission be removed from independent status and made a division of the department with its governing commission being abolished.

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

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. J. BAILEY spoke against the amendment.

LEAVE OF ABSENCE

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

Rep. J. BAILEY continued speaking.

Rep. GONZALES spoke against the amendment.

Rep. KIRSH spoke in favor of the amendment.

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

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

Yeas 69; Nays 19

Those who voted in the affirmative are:

Alexander, T.C.        Anderson               Bailey, J.
Baker                  Barber                 Brown, H.
Brown, J.              Carnell                Cato
Cooper                 Cromer                 Delleney
Farr                   Fulmer                 Gamble
Gonzales               Graham                 Hallman
Harrell                Harrelson              Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hines                  Hodges
Holt                   Houck                  Hutson
Inabinett              Jaskwhich              Kennedy
Kinon                  Klauber                Koon
Law                    Martin                 McAbee
McMahand               Meacham                Neilson
Phillips               Quinn                  Richardson
Riser                  Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stuart                 Thomas                 Townsend
Trotter                Tucker                 Vaughn
Whipper                White                  Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

Total--69

Those who voted in the negative are:

Alexander, M.O.        Allison                Boan
Corning                Fair                   Keegan
Kelley                 Keyserling             Kirsh
Littlejohn             Marchbanks             McTeer
Moody-Lawrence         Robinson               Rudnick
Stille                 Stone                  Walker
Wilder, D.

Total--19

So, the amendment was tabled.

MOTION REJECTED

Rep. HASKINS moved that when the House adjourns it adjourn to meet at 9:00 A.M. tomorrow, which was not agreed to.

Rep. KIRSH proposed the following Amendment No. 63 (Doc Name L:\council\legis\amend\DKA\4372SD.93), which was tabled.

Amend the bill, as and if amended, SECTION 9. Department of Environmental Regulation. By providing that the Sea Grant Consortium be removed from independent status and made a division of the department with its governing board being abolished.

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

Renumber sections to conform.

Amend title to conform.

Rep. KIRSH explained the amendment.

Rep. HODGES spoke against the amendment.

Rep. GONZALES spoke against the amendment.

Rep. KIRSH spoke in favor of the amendment.

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

Rep. HODGES proposed the following Amendment No. 64 (Doc Name L:\council\legis\amend\WWW\30014DW.93), which was adopted.

Amend the bill, as and if amended,

By transferring the Division of Public Railways from the Department of Transportation, as contained in SECTION 21 to the Department of Commerce, as contained in SECTION 6, as a division of the department.

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

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Reps. RUDNICK, HARRELSON, SNOW, SPEARMAN and BEATTY proposed the following Amendment No. 65 (Doc Name L:\council\legis\amend\N05\8960BD.93), which was tabled.

Amend the bill, as and if amended, SECTION 25, OFFICE OF INDIGENT DEFENSE, Section 17-4-110, by adding at the end:

/The appropriation for defense provided in this section must be from state funds and not county, municipal, or other local funds./

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

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. HODGES raised the Point of Order that Amendment No. 65 was out of order as it was not germane.

The SPEAKER stated that it was germane as it related to the provision on page 2553 of the Bill and he overruled the Point of Order.

Rep. RUDNICK continued speaking.

Rep. HODGES spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 74 to 7.

Rep. HOLT moved that the House do now adjourn.

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

Yeas 9; Nays 79

Those who voted in the affirmative are:

Carnell                Holt                   Keyserling
Koon                   McAbee                 McElveen
McKay                  Stille                 Townsend

Total--9

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Boan                   Brown, H.
Cato                   Clyborne               Cobb-Hunter
Cooper                 Corning                Cromer
Delleney               Fair                   Farr
Fulmer                 Gamble                 Gonzales
Graham                 Harrell                Harrelson
Harris, J.             Harrison               Harvin
Harwell                Haskins                Hines
Hodges                 Houck                  Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Law                    Littlejohn             Marchbanks
Martin                 McCraw                 McMahand
McTeer                 Meacham                Neal
Neilson                Phillips               Quinn
Richardson             Riser                  Robinson
Rudnick                Scott                  Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stone
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Walker
Wells                  Wilder, D.             Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, R.

Total--79

So, the House refused to adjourn.

Rep. McABEE proposed the following Amendment No. 66 (Doc Name L:\council\legis\amend\DKA\4368SD.93), which was adopted.

Amend the bill, as and if amended, SECTION 18. Department of Parks, Tourism and Cultural Affairs. By changing the name of the Department of Parks, Tourism and Cultural Affairs to the Department of Tourism, Recreation and Cultural Resources.

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

Renumber sections to conform.

Amend title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Rep. KEYSERLING proposed the following Amendment No. 67 (Doc Name L:\council\legis\amend\436\11089AC), which was tabled.

Amend the bill, as and if amended,

SECTION 1, Departments of State Government, by adding at the end of Section 1-30-10 on page 21, line 13:

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

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

Renumber sections to conform.

Amend title to conform.

Rep. KEYSERLING explained the amendment.

LEAVE OF ABSENCE

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

Rep. WILKINS moved to table the amendment, which was agreed to by a division vote of 51 to 29.

Rep. CARNELL proposed the following Amendment No. 68 (Doc Name L:\council\legis\amend\N05\8947SD.93), which was tabled.

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

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

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

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

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

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

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

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

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

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

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

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

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

Renumber sections to conform.

Amend title to conform.

Rep. CARNELL explained the amendment.

POINT OF ORDER

Rep. LITTLEJOHN raised the Point of Order that Amendment No. 68 was out of order as it was not germane.

The SPEAKER stated that since he had ruled a previous amendment germane that provided for a public election of members of the Public Service Commission because the Bill dealt with the Public Service Commission and transferred a portion of that, then he would have to rule this amendment germane and he overruled the Point of Order.

Rep. CLYBORNE moved to table the amendment.

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

Yeas 49; Nays 44

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Clyborne               Corning                Cromer
Fair                   Fulmer                 Gamble
Gonzales               Graham                 Harrell
Harrison               Harwell                Hodges
Hutson                 Jennings               Kelley
Kinon                  Kirsh                  Klauber
Littlejohn             Marchbanks             Martin
McTeer                 Meacham                Moody-Lawrence
Richardson             Robinson               Rogers
Rudnick                Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Stuart                 Thomas                 Trotter
Tucker                 Waites                 Walker
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, R.

Total--49

Those who voted in the negative are:

Anderson               Baker                  Beatty
Boan                   Brown, J.              Carnell
Cato                   Cobb-Hunter            Cooper
Delleney               Farr                   Harrelson
Harris, J.             Harris, P.             Harvin
Haskins                Hines                  Houck
Inabinett              Jaskwhich              Keegan
Kennedy                Keyserling             Koon
Law                    McAbee                 McCraw
McElveen               McMahand               Neal
Neilson                Phillips               Riser
Scott                  Sharpe                 Spearman
Stille                 Stone                  Townsend
Vaughn                 Whipper                White
Wilder, D.             Williams

Total--44

So, the amendment was tabled.

Rep. McTEER proposed the following Amendment No. 69 (Doc Name L:\council\legis\amend\JIC\5505HC.93), which was rejected.

Amend the bill, as and if amended, by moving all school bus operations from the Department of Education to the Department of Transportation.

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

Renumber sections to conform.

Amend title to conform.

Rep. McTEER explained the amendment.

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

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

Yeas 35; Nays 61

Those who voted in the affirmative are:

Alexander, M.O.        Anderson               Barber
Brown, G.              Canty                  Carnell
Corning                Farr                   Fulmer
Gonzales               Graham                 Hallman
Harrell                Harrison               Harvin
Haskins                Hines                  Hodges
Houck                  Hutson                 Jennings
Kennedy                Koon                   McLeod
Quinn                  Riser                  Rudnick
Sheheen                Smith, D.              Spearman
Stille                 Tucker                 Wilkins
Wright                 Young, R.

Total--35

Those who voted in the negative are:

Alexander, T.C.        Allison                Bailey, J.
Baker                  Beatty                 Boan
Cato                   Clyborne               Cobb-Hunter
Cooper                 Cromer                 Delleney
Fair                   Gamble                 Harrelson
Harris, J.             Harris, P.             Harwell
Holt                   Inabinett              Jaskwhich
Keegan                 Kelley                 Keyserling
Kinon                  Law                    Littlejohn
Marchbanks             Martin                 Mattos
McAbee                 McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Richardson
Robinson               Rogers                 Scott
Sharpe                 Shissias               Simrill
Smith, R.              Stone                  Stuart
Townsend               Trotter                Vaughn
Waites                 Walker                 Wells
White                  Wilder, D.             Wilkes
Williams               Witherspoon            Worley
Young, A.

Total--61

So, the House refused to table the amendment.

Reps. FARR and HASKINS spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 30; Nays 67

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, J.             Baker
Boan                   Clyborne               Cobb-Hunter
Cromer                 Delleney               Fair
Harris, J.             Harwell                Holt
Jaskwhich              Kinon                  Kirsh
Marchbanks             Mattos                 McCraw
McElveen               McTeer                 Meacham
Robinson               Rogers                 Scott
Sharpe                 Simrill                Vaughn
Waites                 White                  Witherspoon

Total--30

Those who voted in the negative are:

Alexander, M.O.        Allison                Anderson
Barber                 Brown, G.              Canty
Carnell                Cato                   Cooper
Corning                Farr                   Fulmer
Gamble                 Gonzales               Graham
Hallman                Harrell                Harris, P.
Harvin                 Haskins                Hines
Hodges                 Houck                  Hutson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Koon                   Law                    Littlejohn
McAbee                 McLeod                 McMahand
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Richardson
Riser                  Rudnick                Sheheen
Shissias               Smith, D.              Smith, R.
Spearman               Stille                 Stone
Stuart                 Thomas                 Townsend
Trotter                Tucker                 Walker
Wells                  Whipper                Wilder, D.
Wilkes                 Wilkins                Williams
Worley                 Wright                 Young, A.
Young, R.

Total--67

So, the amendment was rejected.

Rep. TOWNSEND proposed the following Amendment No. 70 (Doc Name L:\council\legis\amend\BBM\10342RF.93), which was tabled.

Amend the bill, as and if amended, SECTION 21. Department of Transportation. There is hereby established the South Carolina Highway Commission as an advisory body under the Deputy Director of the Highway Division of the Department of Transportation. The commission is composed of sixteen members: one from each judicial circuit elected by the members of the General Assembly. Members elected from the judicial circuits must be a resident of the circuit from which he is elected. Of the members first elected, those from even numbered circuits serve for a term of two years, those from odd numbered circuits serve for a term of four years. Thereafter, the term of each commissioner is four years. Members serve until their successors are appointed and qualify. The members shall elect a chairperson every two years for a two year term. The South Carolina Highway Commission must approve all expenditures or reimbursements of monies from the State Secondary "C" Apportionment Fund as provided in Section 12-27-400 of the 1976 Code./

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

Renumber sections to conform.

Amend title to conform.

Rep. TOWNSEND explained the amendment.

Rep. PHILLIPS spoke in favor of the amendment.

Rep. CLYBORNE moved to table the amendment.

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

Yeas 68; Nays 34

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, J.             Baker                  Barber
Boan                   Brown, H.              Cato
Clyborne               Corning                Cromer
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harris, J.             Harrison               Haskins
Hodges                 Holt                   Houck
Hutson                 Jaskwhich              Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Littlejohn
Marchbanks             Martin                 Mattos
McMahand               McTeer                 Meacham
Moody-Lawrence         Neilson                Quinn
Rhoad                  Richardson             Riser
Robinson               Rogers                 Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Thomas
Trotter                Tucker                 Vaughn
Waites                 Walker                 Wells
Whipper                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, R.

Total--68

Those who voted in the negative are:

Anderson               Brown, G.              Brown, J.
Carnell                Cobb-Hunter            Cooper
Delleney               Fair                   Farr
Harrelson              Harris, P.             Harvin
Harwell                Hines                  Inabinett
Kennedy                Koon                   Law
McAbee                 McCraw                 McLeod
Neal                   Phillips               Rudnick
Scott                  Spearman               Stille
Stone                  Stuart                 Townsend
White                  Wilder, D.             Wilkes
Williams

Total--34

So, the amendment was tabled.

Reps. TOWNSEND, RISER and WRIGHT proposed the following Amendment No. 71 (Doc Name L:\council\legis\amend\DKA\4401AL.93), which was tabled.

Amend the bill, as and if amended, SECTION 8. Department of Education, by adding an appropriately numbered item to read:

/(__)     The State Board of Education is composed of seventeen members: one from each judicial circuit elected by the members of the General Assembly, and one appointed by the Governor upon the advice and consent of the General Assembly. Members elected from the judicial circuits must be residents of the circuit from which they are elected. Of the members first elected, those from even numbered circuits serve for a term of two years, those from odd numbered circuits serve for a term of four years. After the initial elections, the term of each board member is four years. The term of the Governor's appointee is four years coterminous with the Governor appointing. Members serve until their successors are elected or appointed and qualify. At their first meeting the members shall select a chairman./

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

Renumber sections to conform.

Amend title to conform.

Rep. TOWNSEND explained the amendment.

Rep. HODGES moved to table the amendment, which was agreed to by a division vote of 72 to 19.

Rep. STONE proposed the following Amendment No. 72 (Doc Name L:\council\legis\amend\DKA\4369SD.93), which was ruled out of order.

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

/SECTION __.     Notwithstanding any other provision of law, the Savannah Valley Authority shall not have the power of eminent domain./

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

Renumber sections to conform.

Amend title to conform.

Rep. STONE explained the amendment.

POINT OF ORDER

Rep. McABEE raised the Point of Order that Amendment No. 72 was out of order in that the Savannah Valley Authority was an independent agency and there was no statutory reference to any of the powers of the agency in the Bill.

Rep. HODGES stated that the Savannah Valley Authority was an independent agency and that it was not dealt with specifically in the Bill.

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

Rep. McLEOD moved that the House do now adjourn.

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

Yeas 54; Nays 53

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Anderson
Bailey, J.             Barber                 Beatty
Brown, G.              Brown, J.              Canty
Carnell                Corning                Farr
Harrelson              Harris, J.             Harris, P.
Harvin                 Hines                  Holt
Houck                  Inabinett              Kennedy
Keyserling             Kirsh                  Koon
Littlejohn             Mattos                 McAbee
McCraw                 McElveen               McLeod
McMahand               Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Riser                  Robinson               Rudnick
Scott                  Sharpe                 Spearman
Stille                 Stone                  Townsend
Vaughn                 Waites                 Walker
Whipper                White                  Wilder, D.
Wilkes                 Williams               Young, R.

Total--54

Those who voted in the negative are:

Alexander, T.C.        Baker                  Boan
Brown, H.              Cato                   Clyborne
Cobb-Hunter            Cooper                 Cromer
Delleney               Fair                   Fulmer
Gamble                 Gonzales               Graham
Hallman                Harrell                Harrison
Harwell                Haskins                Hodges
Hutson                 Jaskwhich              Jennings
Keegan                 Kelley                 Kinon
Klauber                Law                    Marchbanks
Martin                 McKay                  McTeer
Meacham                Quinn                  Richardson
Rogers                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Stuart                 Thomas                 Trotter
Tucker                 Wells                  Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--53

So, the motion to adjourn was agreed to.

Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3654 -- Reps. Fulmer, Hallman, Holt, Harrison, Whipper, Inabinett, Breeland, McTeer, Klauber, J. Bailey, Harrell, R. Young, Hutson, Delleney, McElveen, Gonzales and Barber: A CONCURRENT RESOLUTION TO CONGRATULATE THE CITADEL BULLDOG FOOTBALL TEAM, STAFF, AND COACHES HEADED BY NATIONAL COACH OF THE YEAR, CHARLIE TAAFFE, FOR A TRULY OUTSTANDING 1992 SEASON.

H. 3655 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO CONGRATULATE NEWBERRY COUNTY DAIRY FARMER, JAMES W. KESLER, UPON RECEIVING THE 1993 HONORS AWARD OF THE SOUTH CAROLINA JERSEY CATTLE CLUB.

ADJOURNMENT

At 8:35 P.M. the House in accordance with the motion of Rep. KLAUBER adjourned in memory of Rev. Zeddie Mackey, to meet at 10:00 A.M. tomorrow.

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