Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, we turn again and again to You in prayer, lest in the midst of the false lights along our earthly pilgrimage we loose sight of Your perfect righteousness which we try so hard to achieve. Your purposes for mankind which arch the whole world show how far short is our faltering obedience of Your will. But in our prayers we catch a glimpse of the beauty of Your holiness. In our tests and trials, in our frustrations and failures, make us to rejoice as we look beyond our frailty and hold fast to our faith and hope which are anchored in You. Cause us to know always that life takes on a new value and unlimited dimensions as we live following Your way. 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 Friday, the SPEAKER ordered it confirmed.
Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Douglas Blackman of Columbia, which was agreed to.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
January 23, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the Girl Scout Councils of South Carolina, we would like to invite the members of the House of Representatives to a reception in the Main Lobby of the State House on Tuesday, February 7, 1995, immediately upon adjournment of the House. This reception is hosted by the Seven Girl Scout Councils currently serving 40,000 girls from five to seventeen years of age in South Carolina. Girl Scout leaders from across the State will be present.
Thank you for your consideration.
Sincerely,
Wendy E. Mellenthin
January 24, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the Up-State, Mid-State, Lowcountry and Southern Piedmont Chapters of the Alzheimer's Association for South Carolina, I would like to cordially invite the House of Representatives to a coffee drop-in on Thursday, February 23, 1995. It will be from 9:00 A.M. until 11:00 A.M. in the first floor lobby of the State House.
Approximately 50,000 people in South Carolina have Alzheimer's disease or a related disorder today, and this number is expected to grow still higher as our population ages. These numbers become more devastating when those who care for these individuals are counted. The more support that can be provided to the families, the longer the patient can stay in the community, thereby delaying or preventing nursing home placement. Access to appropriate services, training, and day care or respite care are essential needs of these families.
Also essential to the needs of Alzheimer's disease is understanding from legislators. This is the one opportunity for Alzheimer's disease victims, caregivers and family members to meet with the members of the General Assembly to thank them for their continuous efforts and support.
On behalf of all the persons effected with Alzheimer's disease, we look forward to seeing you on this date.
Sincerely yours,
Leanne Holt, President
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Association of Christian Schools for an annual Legislator's Breakfast, February 1, 1995, 7:45-8:45 A.M. at the Holiday Inn City Center.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Richland County School District One Adult & Community Education for a reception, February 1, 1995, 10:00 A.M.-2:00 P.M., on the first floor lobby of the State House.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The National Federation of the Blind for a dinner, February 1, 1995, 6:00-8:00 P.M. at the Federation Center of the Blind (119 Kilbourne Rd., Columbia, S.C.).
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina Organization on Mental Retardation for a drop-in, February 2, 1995, 9:00-11:00 A.M. in the first floor lobby of the State House.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Farm Bureau Federation for a banquet, February 7, 1995, 6:00 P.M. at the Ellison Building, State Fairgrounds.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Farm Bureau Women's Committee for a Legislative Women's Conference Breakfast, February 8, 1995, 8:00-10:00 A.M. in the lower back lobby of the State House.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of National Association of Credit Management for a reception, February 8, 1995, 6:00-9:00 P.M. at the Ramada Townhouse.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Probate Judges' Association of South Carolina for a reception, February 14, 1995, 6:00-7:00 P.M. at the Adams Mark Hotel.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Vocational Association and the S.C. Vocational Directors Association for lunch, February 15, 1995, 12:00-2:00 P.M. in the lower lobby of the State House.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Municipal Association of S.C. for a reception, February 15, 1995, 6:00-7:30 P.M. at the Adams Mark Hotel.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The National Guard Association of S.C. for a reception, February 21, 1995, 6:00-8:00 P.M. at the National Guard Armory (1225 Bluff Rd.).
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Electric Cooperatives of S.C. for a reception, February 22, 1995, 6:00-7:30 P.M. at the Adams Mark Hotel.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of York County Council of Chambers and the "York County Day" Planning Committee for a reception, February 28, 1995, 6:00-8:00 P.M. at the Adams Mark Hotel.
The invitation was accepted.
The following was introduced:
H. 3342 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE WILLIAM M. DETWEILER, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 22, 1995.
Rep. SHEHEEN moved to recommit the Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3343 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTATION OF ANNUAL LEAVE ALLOWED STATE EMPLOYEES, SO AS TO DELETE THE PROVISION LIMITING THE MAXIMUM ANNUAL LEAVE ALLOWED IN ONE YEAR TO THIRTY DAYS.
Referred to Committee on Ways and Means.
H. 3344 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND ITS DIVISION OF HUMAN RESOURCE MANAGEMENT, SO AS TO REQUIRE THE BOARD TO DEVISE AND IMPLEMENT A CAREER INCREMENT PAY PLAN FOR CLASSIFIED STATE EMPLOYEES.
Referred to Committee on Ways and Means.
H. 3345 -- Rep. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-90 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM CASTING A VOTE FOR HIMSELF IN AN ELECTION IN WHICH HE IS A CANDIDATE FOR AN OFFICE OF HONOR OR PROFIT WHICH IS ELECTED BY THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary.
H. 3346 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 145 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA TUITION PAYMENT PLAN.
Referred to Committee on Ways and Means.
H. 3347 -- Rep. Rogers: A BILL TO AMEND SECTION 2-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANDIDATES FOR THE HOUSE OF REPRESENTATIVES AND THEIR TERMS OF OFFICE, SO AS TO PROVIDE THAT MEMBERS OF THE HOUSE MAY NOT SERVE MORE THAN SIX CONSECUTIVE TWO-YEAR TERMS IN OFFICE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 2-1-65 SO AS TO PROVIDE THAT MEMBERS OF THE SENATE MAY NOT SERVE MORE THAN THREE CONSECUTIVE FOUR-YEAR TERMS IN OFFICE.
Referred to Committee on Judiciary.
H. 3348 -- Rep. Kirsh: A BILL TO AMEND SECTION 8-13-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING A PUBLIC OFFICIAL FROM USING HIS OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, SO AS TO PROVIDE THAT THE ONGOING RECEIPT OF BENEFITS OR ECONOMIC INTERESTS RECEIVED AFTER AN ACTION HAS BEEN TAKEN TO PROVIDE FOR THEM IS IN VIOLATION OF THIS SECTION.
Referred to Committee on Judiciary.
H. 3350 -- Reps. Knotts and Riser: A BILL TO PROVIDE FOR THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1998, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE SCHOOL TRUSTEE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.
Rep. KNOTTS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. STUART objected.
Referred to Lexington Delegation.
S. 381 -- Senators McConnell, Passailaigue, Richter, Reese, Washington, Ford and Rose: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.
On motion of Rep. HARRELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. T. BROWN, with unanimous consent, the following was taken up for immediate consideration:
H. 3349 -- Rep. T. Brown: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE CHOPPEE INDIANS FOOTBALL TEAM OF GEORGETOWN COUNTY, HEAD COACH JOHN SPEARS, AND COACHING STAFF ON THURSDAY, FEBRUARY 16, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1994 STATE CLASS A FOOTBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Choppee Indians Football Team of Georgetown County, Head Coach John Spears, and coaching staff on Thursday, February 16, 1995, at a time to be determined by the Speaker, for the purpose of being presented a Concurrent Resolution on winning the 1994 State Class A Football Championship.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harwell Herdklotz Hines Hodges Howard Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, January 24.
Harry R. Askins Douglas Jennings, Jr. Joseph T. McElveen, Jr. Richard M. Quinn, Jr. L. Morgan Martin Harry C. Stille Juanita M. White
LEAVE OF ABSENCE
The SPEAKER granted Rep. HASKINS a leave of absence for the day due to being in Federal Court.
I was late arriving to session due to a meeting & Press Conference with members of the Attorney General's Office dealing with a law suit against unfunded mandates from Federal Government.
Rep. RICHARD M. QUINN, JR.
Announcement was made that Dr. Tommy Rowland of Columbia is the Doctor of the Day for the General Assembly.
The following was received.
Columbia, S.C., January 18, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R537, S. 1040 by a vote of 45 to 0.
(R537) S. 1040 -- Senator Bryan: AN ACT TO AMEND SECTION 2-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING TO THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.
Very respectfully,
President
The following was received.
January 10, 1995
Mr. President and Members of the Senate:
I am hereby returning without my signature S. 1040, R-537, an Act:
(R537) S. 1040 -- Senator Bryan: AN ACT TO AMEND SECTION 2-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING TO THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.
This legislation amends the statute setting forth the composition of the Legislative Audit Council by bringing more public members, and therefore more citizen input, to the board. However, I am troubled by changes made to the Council's nominating committee. By eliminating the Gubernatorial and Accountancy Board appointees, the Council's nominating committee would be composed entirely of individuals appointed by the Legislative branch. I understand that the Council is a legislative "watchdog" agency. However, this scheme is inconsistent when the process is viewed in comparison with the procedure for the appointment of the State auditor, the Executive branch's reviewing official.
The State Auditor is elected by the State Budget and Control Board, a combination of members of the Executive and Legislative branches. Similarly, and consistently, I believe that members of the Legislative Audit Council, the Legislative branch "watchdog" agency, should also be nominated with input from both the Legislative and Executive branches. This would no longer be the case were this legislation to be enacted. Continuation of the present system will help preserve the integrity and independence of the Legislative Audit Council, ensuring continuation of the council's efficacious review of the Executive branch.
It is for this reason that I return S. 1040, R-537 without my signature.
Sincerely,
Carroll A. Campbell, Jr.
Governor
Rep. SHEHEEN explained the veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Rice Richardson Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3103 -- Reps. Shissias, Simrill, Cromer, L. Whipper, S. Whipper, Stille, Kelley, Richardson, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.
H. 3104 -- Reps. Shissias, Stille and Kelley: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.
The following Bill was taken up.
H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, January 19, by the Committee on Judiciary.
Rep. CROMER explained the amendment.
The amendment was then adopted.
Rep. CROMER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1652DW.95), which was adopted.
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION ____. Section 7-11-15 of the 1976 Code, as last amended by Act 583 of 1990, is further amended to read:
"Section 7-11-15. In order to qualify as a candidate to run in the general election, all candidates, whether seeking nomination by political party primary, or political party convention, or by petition must file a statement of intention of candidacy, as follows:
(1) candidates seeking nomination by political party primary and political party convention for a statewide, congressional, or district office which includes more than one county, shall file their statement of candidacy with the State Executive Committee of their respective party between noon on April sixteenth and noon on April thirtieth and those candidates seeking nomination by political party primary and political party convention for the state Senate, House of Representatives, a countywide, or less than countywide office shall file their statement of candidacy with the county executive committee with their respective party between noon March sixteenth and noon March thirtieth;.
(2) candidates seeking nomination by petition for a statewide, congressional, or district office which includes more than one county shall file their statement of candidacy with the State Election Commission between noon April sixteenth and noon April thirtieth;
(3) those candidates seeking nomination by petition for office of state Senate, House of Representatives, a countywide, or less than countywide office shall file their statement of candidacy with the county election commission in the county of their residence between noon March sixteenth and noon March thirtieth.
The county executive committee of any political party with whom statements of candidacy are filed and the county election commission with whom statements of candidacy are filed must file, in turn, all statements of candidacy with the county clerk of court by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the statements must be filed by noon the following day. The State Executive Committee of any political party with whom statements of candidacy are filed must file, in turn, all the statements of candidacy with the State Election Commission by noon on the tenth day following the deadline for filing statements by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the statements must be filed by noon the following day. No candidate's name may appear on a primary election ballot, convention slate of candidates, petition, general election ballot, or special election ballot, except as otherwise provided by law, if the candidate's statement of candidacy, as required by this section, has not been filed with the county clerk of court or State Election Commission, as the case may be, by the deadline. The candidate's name will must appear if the candidate produces the signed and dated copy of his timely filed statement of candidacy.
The statement of candidacy required in this section and in Section 7-13-190(B) must be on such form as designed and provided by the State Election Commission. It must be filed in triplicate by the candidate, and the political party committee or county election commission with whom it is filed must stamp it with the date and time received, sign it, keep one copy, return one copy to the candidate, and send one copy to either the county clerk of court or the State Election Commission, as the case may be.
If, after the closing of the time for filing statements of candidacy, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be, if the nomination is by political party primary or political party convention only may, in its discretion, afford opportunity for the entry of other candidates for the office involved; provided, that for the office of state Senator, the discretion must be exercised by the state committee.
The provisions of this section do not apply to nonpartisan school trustee elections in any school district where local law provisions provide for other dates and procedures for filing statements of candidacy or petitions, and to the extent the provisions of this section and the local law provisions conflict, the local law provisions control."
SECTION ____. Section 7-13-190(B) of the 1976 Code, as last amended by Act 61 of 1991, is further amended to read:
"(B) In partisan elections, whether seeking nomination by political party primary, or political party convention, or by petition, filing by all such candidates shall open for the office at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. If seeking nomination by petition, filing by such candidates shall open for the office at noon on the eleventh Tuesday after the vacancy occurs for a period to close seven days later at noon. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15(1) and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-15(2)(3)70.
A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth Tuesday after the vacancy occurs. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day."/
Renumber sections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
Rep. WHITE proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PT\1656DW.95), which was tabled.
Amend the bill, as and if amended, in SECTION 1, Section 7-13-1640, Page 2, beginning on Line 18, by adding subsection (C) to read:
/(C) A machine must provide the voter with the opportunity to write in the name of a person for whom he wishes to vote. The State Election Commission must establish and publicize a policy for all county election commissions where the machine or model will be made available in a public location during regular hours before an election and where the method of casting a write-in vote using the machine can be demonstrated to interested citizens by election commission personnel./
Amend title to conform.
Rep. WHITE explained the amendment.
Rep. ELLIOTT moved to table the amendment.
Rep. L. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Phillips Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Govan Harvin Hines Hodges Howard Inabinett Kennedy Keyserling Lloyd McAbee McMahand McTeer Moody-Lawrence Neal Neilson Scott Spearman Stille Stoddard Townsend Tucker Whipper, L. Whipper, S. White Wilkes Williams Worley
So, the amendment was tabled.
Reps. MOODY-LAWRENCE and WHITE objected to the Bill.
Rep. McTEER moved to adjourn debate upon the Bill until Wednesday, January 25, which was adopted.
The following Bill was taken up.
H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.
Reps. A. YOUNG and J. BROWN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7104AC.95), which was adopted.
Amend the bill, as and if amended, Section 40-51-30(A) as contained in Section 1 of the bill, by deleting on page 2, beginning on line 24, /with the advice and consent of the senate/.
Amend further, Section 40-51-30(B) as contained in
Section 1 of the bill, by striking /three/on page 2, line 43, and on page 3, line 39, and inserting /two/.
Amend title to conform.
Rep. A. YOUNG explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3331 -- Rep. Kirsh: A BILL TO REPEAL SECTION 40-60-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATE OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD.
Rep. BAXLEY moved that the House recede until 2:00 P.M.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Baxley Beatty Breeland Brown, T. Carnell Cave Clyburn Cobb-Hunter Delleney Elliott Govan Harris, J. Harris, P. Harvin Hines Hodges Howard Inabinett Kennedy Kinon Kirsh Lloyd McAbee McCraw McMahand Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Spearman Stille Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Bailey Boan Brown, H. Brown, J. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to recede until 2:00 P.M.
The motion period was dispensed with on motion of Rep. HUFF.
Rep. HUFF moved to waive Rule 6.1.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Boan Brown, H. Brown, J. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McElveen McKay McMahand Meacham Neilson Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Beatty Breeland Brown, G. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Delleney Elliott Govan Harris, P. Harvin Hodges Howard Inabinett Kennedy Keyserling Kirsh Lloyd McAbee McCraw McTeer Moody-Lawrence Neal Phillips Rhoad Rogers Scott Sheheen Spearman Stille Tucker Whipper, L. Whipper, S. White Wilkes Williams
So, Rule 6.1 was waived.
The following Joint Resolution was taken up.
H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.
Rep. CROMER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21271SD.95), which was tabled.
Amend the resolution, as and if amended, by striking SECTIONS 1 and 2 and inserting:
/SECTION 1. It is proposed that Article III, Section 2 of the Constitution of South Carolina, 1895, be amended to read:
"Section 2. The House of Representatives shall must be composed of members chosen by ballot every second fourth year by citizens of this State, qualified as in this Constitution is provided."
SECTION 1A. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article III, Section 2 of the Constitution of this State relating to the House of Representatives be amended so as to provide that House members shall serve a four-year term of office rather than a two-year term?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 2. It is proposed that Article III, Section 2 of the Constitution of South Carolina, 1895, be amended by adding the following new paragraph at the end to read:
"A member of the House of Representatives may not serve more than six complete terms. A member of the House of Representatives serving in office on the effective date of the ratification of the provision in this section limiting the number of terms a House member may serve may continue to serve his then current term and then six new terms thereafter. Service in another public office does not constitute prior service for purposes of this provision and this limitation on the number of terms which may be served applies whether or not the terms served in this office are consecutive or nonconsecutive."
SECTION 2A. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article III, Section 2 of the Constitution of this State relating to the House of Representatives be amended so as to provide that House members may serve only six complete terms in office and to provide that House members serving in office when this provision is ratified into law may complete the term which they are currently serving plus six new terms thereafter?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. CROMER explained the amendment.
Rep. McELVEEN spoke against the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. CROMER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21272SD.95), which was tabled.
Amend the resolution, as and if amended, in SECTION 1 by inserting /consecutive/ immediately before /complete/ on line 5, page 2;
Amend the resolution further, as and if amended, in SECTION 2 by inserting /consecutive/ immediately before /complete/ on line 22, page 2;
Amend the resolution further, as and if amended, in SECTION 3 by inserting /consecutive/ immediately before /complete/ on line 2, page 3;
Amend the resolution further, as and if amended, in SECTION 4 by inserting /consecutive/ immediately before /complete/ on line 19, page 3;
Amend the resolution further, as and if amended, in SECTION 5 by inserting /consecutive/ immediately before /complete/ on line 4, page 4;
Amend the resolution further, as and if amended, in SECTION 6 by inserting /consecutive/ immediately before /complete/ on line 21, page 4. Renumber sections to conform.
Amend totals and title to conform.
Rep. CROMER explained the amendment.
Reps. HARRISON and McELVEEN spoke against the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. KLAUBER spoke against the amendment.
Rep. HODGES spoke against the amendment.
Rep. HARRISON moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 76 to 25.
Rep. HUFF moved that the House recede until 2:30 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of amendments.
H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.
Rep. HODGES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\9798SD.95), which was tabled.
Amend the resolution, as and if amended, by adding new SECTIONS to be appropriately numbered to read:
/SECTION ____. Article VI of the Constitution of South Carolina, 1895, is amended by adding:
"Section 10. (A) A person may not serve more than a total of twenty years in any combination of the following offices: United States House of Representatives, State House of Representatives, United States Senate, State Senate, Governor, Lieutenant Governor, or other state constitutional office.
(B) A person who would violate the provisions of this section if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that a person may not serve more than a total of twenty years in any combination of the following offices: United States House of Representatives, State House of Representatives, United States Senate, State Senate, Governor, Lieutenant Governor, or other state constitutional office, and to provide that a person who would violate the above provisions if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto.
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
Rep. HARRISON spoke against the amendment and moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Klauber Knotts Koon Lanford Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Walker Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Delleney Govan Harris, J. Harwell Hines Hodges Inabinett Jennings Kennedy Keyserling Kinon Kirsh Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rogers Scott Sheheen Spearman Stoddard Tucker Whipper, L. Whipper, S. White Wilder Williams
So, the amendment was tabled.
Rep. HODGES proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\BBM\9799SD.95), which was tabled.
Amend the resolution, as and if amended, by adding new SECTIONS to be appropriately numbered to read:
/SECTION ____. Article VI of the Constitution of South Carolina, 1895, is amended by adding:
"Section 10. (A) A person may not serve more than a total of thirty years in any combination of the following offices: United States House of Representatives, State House of Representatives, United States Senate, State Senate, Governor, Lieutenant Governor, or other state constitutional office.
(B) A person who would violate the provisions of this section if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that a person may not serve more than a total of thirty years in any combination of the following offices: United States House of Representatives, State House of Representatives, United States Senate, State Senate, Governor, Lieutenant Governor, or other state constitutional office, and to provide that a person who would violate the above provisions if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto.
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Delleney Govan Harris, J. Harris, P. Harwell Hines Hodges Inabinett Jennings Kennedy Keyserling Kirsh Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rogers Scott Sheheen Spearman Stoddard Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the amendment was tabled.
Rep. HODGES proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BBM\9800SD.95), which was tabled.
Amend the resolution, as and if amended, by adding new SECTIONS to be appropriately numbered to read:
/SECTION ____. Article VI of the Constitution of South Carolina, 1895, is amended by adding:
"Section 10. (A) A person may not serve more than a total of forty years in any combination of the following offices: United States House of Representatives, State House of Representatives, United States Senate, State Senate, Governor, Lieutenant Governor, or other state constitutional office.
(B) A person who would violate the provisions of this section if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that a person may not serve more than a total of forty years in any combination of the following offices: United States House of Representatives, State House of Representatives, United States Senate, State Senate, Governor, Lieutenant Governor, or other state constitutional office, and to provide that a person who would violate the above provisions if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto.
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Delleney Govan Harris, J. Harris, P. Harwell Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kinon Kirsh Lloyd McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Rogers Scott Sheheen Spearman Stille Stoddard Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the amendment was tabled.
Rep. HODGES proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BBM\9801SD.95), which was ruled out of order.
Amend the resolution, as and if amended, by adding new SECTIONS to be appropriately numbered to read:
/SECTION ____. Article VI of the Constitution of South Carolina, 1895, is amended by adding:
"Section 12. (A) A person may not serve more than a total of twenty years in any combination of the following offices: United States House of Representatives and United States Senate.
(B) A person who would violate the provisions of this section if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that a person may not serve more than a total of twenty years in any combination of the following offices: United States House of Representatives and United States Senate, and to provide that a person who would violate the above provisions if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto.
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
Rep. HUFF raised the Point of Order that Amendment No. 6 was out of order as it was not germane in that the Resolution dealt with Article III of the Constitution and the amendment dealt with Article VI of the Constitution.
Rep. HODGES argued contra the point, citing Rule 9.3, in stating that no motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. He further states that the subject matter was the limitation of terms and that they were the same and would certainly fall within Rule 9.3.
The SPEAKER stated that the Resolution dealt with term limits of House members, Senators and Constitutional officers and amended Article III and the amendment dealt with federal office holders and amended Article VI.
Rep. HODGES continued to argue contra the point in stating that the subject matter was elections and the limitation of terms and that was the same.
The SPEAKER stated that there was an earlier amendment which dealt with the combination of the limitation of state and federal office holders but that this one dealt exclusively with federal office holders.
Rep. HODGES continued to argue that the proposition was that of term limits on elected officials and that the main thrust of the Resolution was term limits and not a question of whether it was going to be narrowly applied.
The SPEAKER stated that the Joint Resolution specifically amended a certain section of the Constitution that solely dealt with the House of Representatives, the Senate and State Constitutional Officers and that the section did not deal with federal office holders.
Rep. HUFF stated that the subject matter was State office holders.
The SPEAKER stated that on January 21, 1992, the House was dealing with Senate Reapportionment and there was an amendment dealing with House Reapportionment and Congressional Reapportionment put up and a Point of Order was raised by Rep. HODGES that the Bill dealt only with the Senate and to be consistent with that this amendment had to deal with House of Representatives, the Senate and State Constitutional Officers.
Rep. HODGES continued to argue that the Resolution did make reference to Article VI.
Rep. BAXLEY, citing Rule 9.3, stated that it allowed an amendment which referred to the intent of the motion or proposition under consideration. He further stated, citing Mason's, Section 5, Page 34, that the amendment shall be allowed and the Body vote it up or down.
Rep. SCOTT, citing Line 29 of the title of the Resolution, stated that it did address Article VII of the Constitution.
The SPEAKER stated that the amendment dealt with federal office holders and the Resolution dealt with state office holders and it attempted to amend a separate section of the Constitution and he sustained the Point of Order and ruled the amendment out of order.
Rep. HODGES proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\BBM\9802SD.95), which was ruled out of order.
Amend the resolution, as and if amended, by adding new SECTIONS to be appropriately numbered to read:
/SECTION ____. Article VI of the Constitution of South Carolina, 1895, is amended by adding:
"Section 12. (A) A person may not serve more than a total of thirty years in any combination of the following offices: United States House of Representatives and United States Senate.
(B) A person who would violate the provisions of this section if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that a person may not serve more than a total of thirty years in any combination of the following offices: United States House of Representatives and United States Senate, and to provide that a person who would violate the above provisions if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto.
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HUFF raised the Point of Order that Amendment No. 9 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. HODGES proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\BBM\9803SD.95), which was ruled out of order.
Amend the resolution, as and if amended, by adding new SECTIONS to be appropriately numbered to read:
/SECTION ____. Article VI of the Constitution of South Carolina, 1895, is amended by adding:
"Section 12. (A) A person may not serve more than a total of forty years in any combination of the following offices: United States House of Representatives and United States Senate.
(B) A person who would violate the provisions of this section if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that a person may not serve more than a total of forty years in any combination of the following offices: United States House of Representatives and United States Senate, and to provide that a person who would violate the above provisions if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto.
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HUFF raised the Point of Order that Amendment No. 10 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. HODGES proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\BBM\9795SD.95), which was tabled.
Amend the resolution, as and if amended, by adding new SECTIONS to be appropriately numbered to read:
/SECTION ____. Article VI of the Constitution of South Carolina, 1895, is amended by adding:
"Section 11. (A) A person may not serve more than a total of twenty years in any combination of the following offices: State House of Representatives, State Senate, Governor, Lieutenant Governor, or other state constitutional office.
(B) A person who would violate the provisions of this section if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that a person may not serve more than a total of twenty years in any combination of the following offices: State House of Representatives, State Senate, Governor, Lieutenant Governor, or other state constitutional office, and to provide that a person who would violate the above provisions if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto.
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. HARRISON spoke against the amendment and moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Harvin Herdklotz Huff Hutson Jaskwhich Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Delleney Govan Harris, J. Harris, P. Harwell Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kirsh Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Phillips Rogers Scott Sheheen Spearman Stille Stoddard Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, the amendment was tabled.
Rep. HODGES proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\BBM\9796SD.95), which was tabled.
Amend the resolution, as and if amended, by adding new SECTIONS to be appropriately numbered to read:
/SECTION ____. Article VI of the Constitution of South Carolina, 1895, is amended by adding:
"Section 11. (A) A person may not serve more than a total of thirty years in any combination of the following offices: State House of Representatives, State Senate, Governor, Lieutenant Governor, or other state constitutional office.
(B) A person who would violate the provisions of this section if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that a person may not serve more than a total of thirty years in any combination of the following offices: State House of Representatives, State Senate, Governor, Lieutenant Governor, or other state constitutional office, and to provide that a person who would violate the above provisions if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto.
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Littlejohn Marchbanks Martin Mason McKay Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Delleney Govan Harris, J. Harris, P. Harvin Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kirsh Lloyd McCraw McMahand McTeer Moody-Lawrence Neal Phillips Rogers Scott Sheheen Spearman Stille Stoddard Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the amendment was tabled.
Rep. BAXLEY proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\GJK\21286SD.95), which was tabled.
Amend the resolution, as and if amended, by striking /and this limitation on the number of terms which may be served applies whether or not the terms served in this office are consecutive or nonconsecutive/ as contained in SECTION 1, beginning on line 11 of page 2; as contained in SECTION 3, beginning on line 8 of page 3; and as contained in SECTION 5, beginning on line 9 of page 4.
Amend the resolution further, as and if amended, by adding new SECTIONS to be appropriately numbered to read:
/SECTION ____. Article VI of the Constitution of South Carolina, 1895, is amended by adding:
"Section 10. The limitation on the number of terms members of the House of Representatives may serve under Article III, Section 2, members of the Senate may serve under Article III, Section 6, and state constitutional officers may serve under Article VI, Section 7, is a limitation only on the number of consecutive terms which may be served."
SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that the limitation on the number of terms members of the House of Representatives may serve under Article III, Section 2, members of the Senate may serve under Article III, Section 6, and state constitutional officers may serve under Article VI, Section 7, is a limitation only on the number of consecutive terms which may be served?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cotty Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Harvin Herdklotz Huff Hutson Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Stuart Thomas Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Hines Howard Inabinett Jennings Kennedy Keyserling Kirsh Lloyd Martin McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Rogers Scott Sheheen Spearman Stille Stoddard Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, the amendment was tabled.
Rep. McELVEEN proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\DKA\3627SD.95), which was tabled.
Amend the resolution, as and if amended, SECTION 5, page 4, lines 3 and 7, by striking /three/ and inserting /two/.
Amend further, SECTION 6, page 4, lines 20 and 23, by striking /three/ and inserting /two/.
Amend title to conform.
Rep. McELVEEN explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Fleming Gamble Harrell Harrison Herdklotz Huff Hutson Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Delleney Fulmer Govan Hallman Harris, J. Harris, P. Harvin Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kirsh Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Rogers Scott Sheheen Spearman Stille Stoddard Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the amendment was tabled.
Rep. McELVEEN proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\DKA\3629SD.95), which was tabled.
Amend the resolution, as and if amended, SECTION 1, page 2, line 9, by striking /six new terms thereafter/ and inserting /two new terms thereafter if the above term limitations apply to him/.
Amend further, SECTION 2, page 2, line 25, by striking /six new terms thereafter/ and inserting /two new terms thereafter if the above term limitations apply to them/.
Amend further, SECTION 3, page 3, line 6, by striking /three new terms thereafter/ and inserting /one new term thereafter if the above term limitations apply to him/.
Amend further, SECTION 4, page 3, by striking beginning on line 21 /three new terms thereafter/ and inserting /one new term thereafter if the above term limitations apply to them/.
Amend further, SECTION 5, page 4, by striking beginning on line 7 /three four-year terms thereafter/ and inserting /one four-year term thereafter if the above term limitations apply to him/.
Amend further, SECTION 6, page 4, by striking beginning on line 23 /three four-year terms thereafter/ and inserting /one four-year term thereafter if the above term limitations apply to them/.
Amend title to conform.
Rep. McELVEEN explained the amendment.
Rep. KLAUBER spoke against the amendment.
Rep. McELVEEN spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Carnell Cato Chamblee Cotty Cromer Dantzler Davenport Easterday Elliott Fleming Gamble Harrell Harrison Herdklotz Huff Hutson Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Townsend Tripp Trotter Vaughn Walker Wells Whatley Whipper, S. Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Delleney Fair Fulmer Govan Hallman Harris, J. Harris, P. Harvin Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kirsh Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Scott Seithel Sheheen Spearman Stille Stoddard Tucker Whipper, L. White Wilder Wilkes Williams
So, the amendment was tabled.
Rep. McELVEEN proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\GJK\21284SD.95), which was tabled.
Amend the resolution, as and if amended, SECTION 1, page 2, line 9, by striking /six new terms thereafter/ and inserting /four new terms thereafter if the above term limitations apply to him/.
Amend further, SECTION 2, page 2, line 25, by striking /six new terms thereafter/ and inserting /four new terms thereafter if the above term limitations apply to them/.
Amend further, SECTION 3, page 3, line 6, by striking /three new terms thereafter/ and inserting /two new terms thereafter if the above term limitations apply to him/.
Amend further, SECTION 4, page 3, by striking beginning on line 21 /three new terms thereafter/ and inserting /two new terms thereafter if the above term limitations apply to them/.
Amend further, SECTION 5, page 4, by striking beginning on line 7 /three four-year terms thereafter/ and inserting /two four-year terms thereafter if the above term limitations apply to him/.
Amend further, SECTION 6, page 4, by striking beginning on line 23 /three four-year terms thereafter/ and inserting /two four-year terms thereafter if the above term limitations apply to them/.
Amend title to conform.
Rep. McELVEEN explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Fleming Gamble Harrell Harrison Herdklotz Huff Hutson Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Walker Wells Whatley Whipper, S. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Delleney Fulmer Govan Hallman Harris, J. Harris, P. Hines Hodges Howard Jennings Kennedy Keyserling Kirsh Lloyd McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Scott Seithel Sheheen Spearman Stille Townsend Tucker Whipper, L. White Wilder Wilkes Williams
So, the amendment was tabled.
Rep. HODGES proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\DKA\3626SD.95), which was tabled.
Amend the resolution, as and if amended, SECTION 1, page 2, line 9, by striking /and then six new terms thereafter/ and inserting /if the above term limitations apply to him/.
Amend further, SECTION 2, page 2, line 25, by striking /plus six new terms thereafter/ and inserting /if the above term limitations apply to them/.
Amend further, SECTION 3, page 3, line 6, by striking /and then three new terms thereafter/ and inserting /if the above term limitations apply to him/.
Amend further, SECTION 4, page 3, by striking beginning on line 21 /plus three new terms thereafter/ and inserting /if the above term limitations apply to them/.
Amend further, SECTION 5, page 4, by striking beginning on line 7 /and then three four-year terms thereafter/ and inserting /if the above term limitations apply to him/.
Amend further, SECTION 6, page 4, by striking beginning on line 23 /plus three four-year terms thereafter/ and inserting /if the above term limitations apply to them/.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Rep. D. SMITH spoke against the amendment.
Rep. FELDER spoke against the amendment.
Reps. SHEHEEN and HODGES spoke in favor of the amendment.
Rep. HARRISON spoke against the amendment.
Rep. ROGERS spoke in favor of the amendment.
Rep. D. SMITH spoke against the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Reps. MARTIN and JENNINGS spoke in favor of the amendment.
Rep. HUFF spoke against the amendment.
Rep. McELVEEN spoke in favor of the amendment.
Rep. CAVE spoke in favor of the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Fair Felder Fleming Fulmer Hallman Harrell Harrison Herdklotz Huff Hutson Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Delleney Elliott Gamble Govan Harris, J. Harris, P. Harvin Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kinon Kirsh Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neilson Phillips Richardson Rogers Scott Seithel Sheheen Spearman Stille Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the amendment was tabled.
Rep. HODGES proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\GJK\21282SD.95), which was tabled.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article III, Section 2 of the Constitution of South Carolina, 1895, is amended to read:
"Section 2. The House of Representatives shall must be composed of members chosen by ballot every second year by citizens of this State, qualified as in this Constitution is provided.
A member of the House of Representatives may not serve more than six complete two-year terms. A member of the House of Representatives serving in office on the effective date of the ratification of the provision in this section limiting the number of terms a House member may serve may continue to serve his then current term if the above term limitations apply to him. Service in another public office does not constitute prior service for purposes of this provision and this limitation on the number of terms which may be served applies whether or not the terms served in this office are consecutive or nonconsecutive."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article III, Section 2 of the Constitution of this State relating to the House of Representatives be amended so as to provide that House members may serve only six complete two-year terms in office and to provide that House members serving in office when this provision is ratified into law may complete the term which they are currently serving if the above term limitations apply to them?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. Article III, Section 2 of the Constitution of South Carolina, 1895, is amended by adding the following paragraph at the end:
" A member of the House of Representatives serving in office on the effective date of the ratification of the provision in this section limiting the number of terms a House member may serve in addition to completing his then current term may also serve six new terms thereafter."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article III, Section 2 of the Constitution of this State relating to the House of Representatives be amended so as to provide that House members serving in office when this provision is ratified into law may in addition to completing the term which they are currently serving may also serve six new terms thereafter?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 5. Article III, Section 6 of the Constitution of South Carolina, 1895, is amended to read:
"Section 6. The Senate shall must be composed of one member chosen from each County senatorial election district as established by law, to be elected for the term of four years by the qualified electors in each County, of the district in the same manner in which members of the House of Representatives are chosen.
A member of the Senate may not serve more than three complete four-year terms. A member of the Senate serving in office on the effective date of the ratification of the provision in this section limiting the number of terms a Senator may serve may continue to serve his then current term if the above term limitations apply to him. Service in another public office does not constitute prior service for purposes of this provision and this limitation on the number of terms which may be served applies whether or not the terms served in this office are consecutive or nonconsecutive."
SECTION 6. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article III, Section 6 of the Constitution of this State relating to the Senate be amended so as to provide that Senators may serve only three complete four-year terms in office and to provide that Senators serving in office when this provision is ratified into law may complete the term which they are currently serving if the above term limitations apply to them?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 7. Article III, Section 6 of the Constitution of South Carolina, 1895, is amended by adding the following paragraph at the end:
"A member of the Senate serving in office on the effective date of the ratification of the provision in this section limiting the number of terms a Senator may serve in addition to completing his then current term may also serve three new terms thereafter."
SECTION 8. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article III, Section 6 of the Constitution of this State relating to the Senate be amended so as to provide that Senators serving in office when this provision is ratified into law may in addition to completing the term which they are currently serving may also serve three new terms thereafter?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 9. Article VI, Section 7 of the Constitution of South Carolina, 1895, is amended to read:
"Section 7. There shall must be elected by the qualified voters of the State a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, Comptroller General, Commissioner of Agriculture, and an Adjutant General who shall hold their respective offices for a term of four years coterminous with that of the Governor. The duties and compensation of such these offices shall must be prescribed by law and their compensation shall must be neither increased nor diminished during the period for which they shall have been elected.
These constitutional officers may not serve more than three complete four-year terms. A constitutional officer serving in office on the effective date of the ratification of the provision in this section limiting the number of terms a constitutional officer may serve may continue to serve his then current term if the above term limitations apply to him. Service in another public office does not constitute prior service for purposes of this provision and this limitation on the number of terms which may be served applies whether or not the terms served in this office are consecutive or nonconsecutive."
SECTION 10. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI, Section 7 of the Constitution of this State relating to the constitutional officers of this State be amended so as to provide that these constitutional officers may not serve more than three complete four-year terms and to provide that a constitutional officer of this State serving in office when this provision is ratified into law may complete the term which he is currently serving if the above term limitations apply to them?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 11. Article VI, Section 7 of the Constitution of South Carolina, 1895, is amended by adding the following paragraph at the end:
"A constitutional officer serving in office on the effective date of the ratification of the provision in this section limiting the number of terms a constitutional officer may serve in addition to completing his then current term may also serve three four-year terms thereafter."
SECTION 12. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI, Section 7 of the Constitution of this State relating to the constitutional officers of this State be amended so as to provide that a constitutional officer of this State serving in office when this provision is ratified into law may in addition to completing the term which he is currently serving may also serve three four-year terms thereafter?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. McELVEEN spoke in favor of the amendment.
Rep. WOFFORD spoke against the amendment.
Rep. HARRISON moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Fair Felder Fleming Fulmer Hallman Harrell Harrison Herdklotz Huff Hutson Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Delleney Elliott Gamble Govan Harris, J. Harris, P. Harvin Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kinon Kirsh Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neilson Phillips Richardson Rogers Scott Seithel Sheheen Spearman Stille Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the amendment was tabled.
Rep. HUFF moved immediate cloture on the entire matter.
Rep. McTEER raised the Point of Order that the House was out of order as it should have adjourned at 2:15 P.M. under Rule 6.1.
Rep. HUFF stated that the House receded subject to returning at 2:30 P.M. and by returning at 2:30 P.M. the House moved to waive the 2:15 P.M. adjournment time.
Rep. McTEER stated that anytime after 2:15 P.M. that the House was in session the Point could be raised.
The SPEAKER stated that last Tuesday the Rule had been waived and he questioned whether the Point could be raised.
Rep. McTEER argued that it could be waived before the Point was raised.
The SPEAKER stated that the House had receded until 2:30 P.M.
Rep. McTEER stated that anytime after 2:15 P.M., according to the second paragraph of Rule 6.1, the House shall stand adjourned.
Rep. HUFF stated that when the House voted to recede until 2:30 P.M. that was waiving the Rule because the return of the House to conduct its daily affairs was at 2:30 P.M. and was after 2:15 P.M.
Rep. SHEHEEN stated that there were several precedents in the books where the House had been in session after 2:15 P.M. on Tuesday and he had sustained the Point before. He further stated that in order for the Rule to be waived it would require a specific vote like the one made to waive the 1:00 P.M. mandatory recess for lunch.
The SPEAKER stated under the language of Rule 6.1, the vote by the majority of the House to recede to 2:30 P.M. which is after 2:15 P.M. was in effect a waiver or superseding of the Rule.
Rep. SHEHEEN stated that it took a specific vote on that question because it was designed to protect the committee meetings that were scheduled to be held today and were posted and to protect citizens coming here for the first six weeks.
Rep. HUFF inquired about Rule 6.1 and it stating during the first six weeks of the legislative sessions, unless a majority of the House members present object the House shall adjourn at 2:15 P.M. He then questioned whether it meant that a majority of the House could object to adjournment of 2:15 P.M. or did it take a specific vote to waive it.
The SPEAKER stated that you could object or waive it like the House did last Tuesday.
Rep. RICHARDSON stated that by voting to recede until 2:30 P.M., a majority of the House objected to adjourning at 2:15 P.M.
Rep. McELVEEN stated that under our Rules, the motion took effect automatically once it was insisted upon by a member and therefore, no further motions could be entertained.
The SPEAKER stated that Rep. HUFF had asked for immediate cloture but if he agreed with Rep. McTEER then no motion would be entertained because the House would not legally be in session. He further stated that he had looked at the precedents and he had found Points of Order sustained by Rep. SHEHEEN and others that were raised after 1:00 P.M. He further stated that he could not find any precedents that dealt with a Point of Order raised after 2:15 P.M.
Rep. McTEER stated that the principle did not make a difference.
The SPEAKER stated that it did make a difference for the reason that the motion to recede until 2:30 P.M. supersedes the standard set by Rule 6.1 which states that unless a majority of the House members present object then the House shall adjourn at 2:15 P.M. He further stated that when the Body agreed to recess and return at 2:30 P.M., then they objected to adjourning for the day a 2:15 P.M. and he overruled the Point of Order.
Rep. HUFF withdrew the motion to invoke immediate cloture.
Rep. GOVAN proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\GJK\21297SD.95), which was tabled.
Amend the resolution, as and if amended, by striking SECTIONS 1, 2, 3, and 4 and inserting:
/SECTION 1. It is proposed that Article III of the Constitution of South Carolina, 1895, is amended by adding:
"Section 38. The General Assembly by law shall provide for the manner in which the qualified electors of House election districts and Senate election districts may limit the number of terms the members of the General Assembly elected from these districts may serve. The limitation on the number of terms must be uniform for all House districts and also must be uniform for all senatorial districts."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article III of the Constitution of this State relating to the legislative department be amended so as to provide that the General Assembly by law shall provide for the manner in which the qualified electors of House election districts and Senate election districts may limit the number of terms the members of the General Assembly elected from these districts may serve, and to provide that the limitation on the number of terms must be uniform for all House districts and also must be uniform for all senatorial districts?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Renumber sections to conform.
Amend title to conform.
Rep. GOVAN explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Herdklotz Huff Hutson Keegan Kelley Keyserling Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Baxley Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Harvin Hines Hodges Howard Inabinett Jennings Kennedy Kirsh Lloyd McAbee McElveen McTeer Moody-Lawrence Neal Phillips Scott Spearman Tucker Whipper, L. White Wilkes Williams
So, the amendment was tabled.
Reps. McTEER, McELVEEN, KEYSERLING, TOWNSEND and KENNEDY spoke upon the Joint Resolution.
Rep. D. SMITH spoke in favor of the Joint Resolution.
Rep. McELVEEN spoke upon the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Brown, J. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Herdklotz Huff Hutson Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Carnell Cave Cobb-Hunter Harris, P. McAbee
So, the Joint Resolution was read the second time and ordered to third reading.
We want to be able to vote for H. 3281, but we believe strongly that it's terms should uniformly apply to all South Carolinians, and not single out sitting legislators for special exemption. Laws written to apply to the people of South Carolina should be made to apply to legislators as well. We also believe that the people of South Carolina should have the right to vote to choose what term limits should apply in South Carolina. If these provisions could be included in the Resolution, we would vote for the Resolution.
Rep. RALPH ANDERSON Rep. DOUGLAS JENNINGS, JR.
Rep. J. MICHAEL BAXLEY Rep. JUANITA M. WHITE
Rep. DONALD W. BEATTY Rep. JESSE E. HINES
Rep. HERBERT KIRSH Rep. PATRICK B. HARRIS
Rep. MARION P. CARNELL Rep. JOHN W. TUCKER, JR.
Rep. DOUGLAS E. McTEER, JR. Rep. TIMOTHY F. ROGERS
Rep. CURTIS B. INABINETT Rep. WALTER P. LLOYD
Rep. HARRY R. ASKINS Rep. TIMOTHY C. WILKES
Rep. DONNY WILDER Rep. EUGENE C. STODDARD
Rep. WILLIE B. McMAHAND Rep. LUCILLE S. WHIPPER
Rep. JACKSON S. WHIPPER Rep. OLIN R. PHILLIPS
Rep. E. DeWITT McCRAW Rep. JAMES H. HODGES
Rep. JOSEPH H. NEAL Rep. JOHN L. SCOTT, JR.
Rep. LEON HOWARD Rep. ALMA W. BYRD
Rep. DEWITT WILLIAMS Rep. ROBERT J. SHEHEEN
Rep. GRADY A. BROWN Rep. MOLLY M. SPEARMAN
Rep. F.G. DELLENEY, JR. Rep. FLOYD BREELAND
Rep. BESSIE MOODY-LAWRENCE
I was absent from the session today because I was representing a client in Federal District Court in Charleston and could not get out of this case. Had I been present, I would have voted in favor of the Resolution.
Rep. TERRY E. HASKINS
I abstained on the vote on second reading passage of H. 3281, a Joint Resolution proposing a constitutional amendment providing for term limits for House and Senate members and Constitutional Officers.
I abstained not because I oppose term limits. I came back to Columbia this year prepared to support term limits.
However, I cannot in good conscience support any measure which provides special consideration to members of the General Assembly by grandfathering members' current and prior service.
Further, I cannot support a measure which denies the voters the opportunity to decide when the term limit clock starts ticking in the referendum when they decide on term limits.
I urge those proposing term limits to modify the Resolution to not provide special consideration to members of the General Assembly. It is just that special consideration that drives the voters to demand term limits. They don't trust us. Let's give them reason to trust us. Let's give them term limits which apply equally to all.
Rep. WILLIAM D. KEYSERLING
I was in the Doctor of the Day's office and had to go get my knee checked.
Being I was out of the House Chamber during much of the debate on H. 3281, I would like it to be known in the House Journal had I been in attendance to vote I would have voted "Yes" on Amendment No. 8 as part of H. 3281.
I also would have voted "Yes" to H. 3281 in its final passage.
Rep. GEORGE H. BAILEY
I am in favor of term limits. However, I cannot in good conscience vote for the term limits resolution, H. 3281. I offered amendments to make the grandfather clause only four years or eight years, even though discussion of a grandfather clause in debating an office that belongs to the people - not the officeholder - is distasteful to me. Under this Joint Resolution, we will not know whether term limitation is conducive to good government until 2012, when the last incumbent voting for this Resolution will be forced to step aside. Therefore, I abstain from voting on second reading in the hope the Joint Resolution can be later amended.
Rep. JOSEPH T. McELVEEN, JR.
Rep. FELDER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3278 -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION COMMENDING BOBBY TURNER, AN EMPLOYEE OF SANTEE ELECTRIC COOPERATIVE FOR HIS HEROISM WHICH SAVED THE LIFE OF ANOTHER HUMAN BEING ON CHRISTMAS EVE.
H. 3279 -- Rep. D. Smith: A CONCURRENT RESOLUTION CONGRATULATING SPARTANBURG HIGH SCHOOL ON WINNING THE 1994 CLASS AAAA DIVISION 1 STATE CHAMPIONSHIP IN FOOTBALL.
At 6:00 P.M. the House in accordance with the motion of Rep. SCOTT adjourned in memory of Douglas Blackman of Columbia, to meet at 2:00 P.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 1:49 P.M.