Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We are aware, Father God, of our needs of Your help and guidance. Enable us, then, to tune our wills to Yours. We thank You for leading our forefathers in founding this great Country and for those whose wisdom, courage and sacrifice have kept it great. Help us as we combine our efforts as we work for the betterment of Your people both now and in the days to come. May Your truths and righteousness which no sword can pierce or no bomb can shatter be ever held high.
To You, O Lord, we render our praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. J. YOUNG moved that when the House adjourns, it adjourn in memory of John B. "Red" Baker of Sumter, which was agreed to.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3061 -- Reps. Vaughn, Cato, Witherspoon, Simrill, Walker, Allison, Meacham, Elliott, Moody-Lawrence, Baxley, Lloyd and Richardson: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF STATE PARK FACILITIES FREE OF CHARGE BY AGED, BLIND, AND DISABLED PERSONS SO AS TO PROVIDE THAT THE FREE USE OF FACILITIES INCLUDES NO ADMISSION CHARGES.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3073 -- Reps. Kirsh and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-19-25 SO AS TO PROVIDE FOR VOLUNTARY INSPECTION OF CERTAIN BIRDS BY THE LIVESTOCK-POULTRY HEALTH COMMISSION.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 414 -- Senator Peeler: A JOINT RESOLUTION EXTENDING THE EXPIRATION DATE FOR MOTOR CARRIER REGISTRATION CARDS AND IDENTIFICATION MARKERS FROM MARCH 31, 1995 TO DECEMBER 31, 1995 AS SPECIFIED IN SECTION 12-31-260 OF THE 1976 CODE AND SUSPENDING THE PENALTY FOR THE OPERATION OF A MOTOR CARRIER OR VEHICLE WHICH HAS A FADED, EXPIRED, OR MISSING MARKER DURING THIS PERIOD.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3020 -- Reps. Vaughn, Meacham and Wells: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING A PUBLIC OR SCHOOL OFFICIAL, SO AS TO PROVIDE THAT THE THREAT MUST BE A RESULT OF THE DUTIES OR BUSINESS OF THE OFFICIAL AND NOT A RESULT OF ANY PRIVATE OR PERSONAL BUSINESS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3033 -- Reps. Simrill, Haskins, Cromer, Walker, Vaughn, D. Smith, Meacham, Moody-Lawrence, Sandifer, Rice, Cain, Mason, Lloyd and Clyburn: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3091 -- Reps. Cromer, Keyserling, Kirsh, Knotts, and Shissias: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3118 -- Reps. Shissias, Simrill, Cromer, Elliott, Meacham and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-216 SO AS TO LIMIT THE TERMS OF MEMBERS OF STATE BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3189 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Jennings, Kelley, Rhoad, Shissias and Wilkes: A BILL TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE PERCENT OF THE FUNDS UNTIL FIVE MILLION DOLLARS ACCRUE; AND TO PROVIDE THAT ANY ASSETS HELD IN THE FUND UNDER THE FORMER PROVISIONS OF SECTION 43-21-180 MUST BE RELEASED AND DISBURSED IN ACCORDANCE WITH THIS SECTION.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3190 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad, Shissias and Wilkes: A BILL TO AMEND SECTIONS 43-21-10 AND 43-21-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION ON AGING IN THE OFFICE OF THE GOVERNOR AND ITS ADVISORY COMMISSION SO AS TO CHANGE ITS NAME TO THE ADVISORY COUNCIL AND REVISE ITS COMPOSITION AND TO PROVIDE FOR NOMINATIONS TO BE MADE FROM WHICH THE GOVERNOR SHALL MAKE THE APPOINTMENTS WITH THE ADVICE AND CONSENT OF THE SENATE.
Ordered for consideration tomorrow.
The following was introduced:
H. 3522 -- Reps. Wells, Allison, Beatty, Lanford, Walker, Wilder, Vaughn, Davenport, Littlejohn and D. Smith: A CONCURRENT RESOLUTION COMMENDING DR. G. B. HODGE OF SPARTANBURG COUNTY FOR HIS MANY YEARS OF DEDICATED AND OUTSTANDING SERVICE AS CHAIRMAN OF THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION AND HIS EXEMPLARY SERVICE TO THE UNIVERSITY OF SOUTH CAROLINA SPARTANBURG.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3523 -- Reps. Townsend, Cooper, Stille, P. Harris and Chamblee: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 20 IN ANDERSON COUNTY AS THE "ERNEST ALLEN BURRISS MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
The following was introduced:
H. 3524 -- Rep. Limbaugh: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 16, 1995, FOR ITS ANNUAL STATE HOUSE MEETING.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 476 -- Senator Leventis: A CONCURRENT RESOLUTION MEMORIALIZING THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE ENVIRONMENTAL PROTECTION AGENCY TO HELP SOUTH CAROLINA'S COTTON FARMERS AND THE ECONOMY OF THIS STATE BY ENCOURAGING AND APPROVING EMERGENCY ACTION TO ALLOW THE USE OF "STAPLE HERBICIDE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3525 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING OVERBROOK CHILD DEVELOPMENT CENTER OF GREENVILLE ON WINNING THE "PALMETTO'S FINEST AWARD", AND COMMENDING THIS EXCELLENT FACILITY FOR ITS OUTSTANDING WORK.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3526 -- Reps. Jaskwhich, Herdklotz, Vaughn, Tripp, Cato, Easterday and Haskins: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3527 -- Reps. Jennings, Baxley, Kinon, Neilson and J. Harris: A BILL TO AMEND SECTION 50-17-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEASONS AND LIMITS ON SHAD, SO AS TO REVISE THE SEASON ON THE PEE DEE RIVER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3528 -- Reps. Wells, Allison, Littlejohn, Lanford, Beatty, Wilder, Walker, Vaughn, Davenport and D. Smith: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE FOR ONE ADDITIONAL MEMBER OF THE COMMISSION FROM GREENVILLE COUNTY, AND ONE ADDITIONAL MEMBER FROM CHEROKEE COUNTY AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS SHALL BE APPOINTED.
Referred to Committee on Education and Public Works.
H. 3529 -- Reps. Byrd, Beatty, Breeland, Clyburn, Govan, Wilkes, Inabinett, Neal, Cobb-Hunter, Cave, McMahand, Hines, Moody-Lawrence, L. Whipper, Sheheen, Kirsh, J. Brown, Stuart, Cotty, Lloyd, Chamblee, Jaskwhich, Keyserling, Howard, Delleney, Phillips and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-217 SO AS TO REQUIRE THE POLITICAL PARTY NOMINATING A CANDIDATE OR PETITION CANDIDATE TO VERIFY, UNDER OATH TO A NOTARY, THE RESIDENCY OF THE CANDIDATE ON A FORM PROSCRIBED BY THE STATE ELECTION COMMISSION.
Referred to Committee on Judiciary.
H. 3530 -- Reps. Kennedy, Moody-Lawrence and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-165 SO AS TO PROVIDE THAT EACH HIGH SCHOOL OF THIS STATE MUST OFFER FIRST-YEAR SPANISH AND SECOND-YEAR SPANISH ON CAMPUS AS UNITS WHICH MAY BE TAKEN FOR PURPOSES OF MEETING THE TWENTY UNIT REQUIREMENT FOR HIGH SCHOOL GRADUATION.
Referred to Committee on Education and Public Works.
H. 3531 -- Reps. J. Brown, Davenport and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-33-116 SO AS TO PROVIDE THAT BEGINNING NO LATER THAN AGE SIXTEEN, SPECIAL EDUCATION STUDENTS WHO GRADUATE FROM HIGH SCHOOL BY DIPLOMA, ATTENDANCE CERTIFICATE OR WHO OTHERWISE EXIT THE PUBLIC SCHOOL SYSTEM AFTER ENTERING HIGH SCHOOL MUST BE PROVIDED AN INDIVIDUAL TRANSITION PLAN, OUTLINING TRANSITION SERVICES, WHICH SHALL ASSURE THAT THESE STUDENTS HAVE ADEQUATE INFORMATION, ACCESS TO ADULT SERVICE AGENCIES AND A STATEMENT OF THE INTERAGENCY RESPONSIBILITIES OR LINKAGES WHICH CAN PROVIDE APPROPRIATE ASSISTIVE TECHNOLOGY DEVICES AND SERVICES TO THEM AFTER THEY EXIT THE PUBLIC SCHOOL SYSTEM.
Referred to Committee on Education and Public Works.
H. 3532 -- Reps. Wright, H. Brown, Cato, Cooper, Fulmer, Harvin, Harwell, Keegan, Knotts, Koon, Wilkins and A. Young: A BILL TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A ROLLER SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ROLLER SKATING.
Referred to Committee on Judiciary.
H. 3533 -- Rep. Rogers: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT OWNER-OCCUPIED RESIDENTIAL PROPERTY QUALIFIES FOR THE FOUR PERCENT ASSESSMENT RATIO FOR A PROPERTY TAX YEAR IF THE OWNER OCCUPIED THE PROPERTY FOR SOME PERIOD DURING THE TAX YEAR AND AT THE TIME OF APPLICATION AND TO PROVIDE FOR ASSESSMENT OF RESIDENTIAL PROPERTY CERTIFIED FOR OCCUPANCY AFTER THE BEGINNING OF THE TAX YEAR.
Referred to Committee on Ways and Means.
H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.
Referred to Committee on Ways and Means.
H. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright, Sheheen, J. Harris and Thomas: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE.
Referred to Committee on Judiciary.
H. 3536 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT AN INDIVIDUAL WHO OWNS A MOTOR VEHICLE OR HOLDS A MOTOR VEHICLE UNDER LEASE AND WHO, UNDER WRITTEN CONTRACT OR LEASE, PROVIDES THAT VEHICLE AND THE SERVICES OF A DRIVER TO A MOTOR CARRIER MUST BE CONSIDERED AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE OF THE MOTOR CARRIER FOR PURPOSES OF TITLE 42, WORKERS' COMPENSATION.
Referred to Committee on Labor, Commerce and Industry.
H. 3537 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-635 SO AS TO REQUIRE NOTICE FOR THE RENEWAL OF AN ACCIDENT AND HEALTH INSURANCE POLICY TO BE GIVEN AT LEAST SIXTY DAYS BEFORE THE POLICY ANNIVERSARY DATE; AND TO AMEND SECTION 38-71-335, AS AMENDED, RELATING TO CANCELLATION AND NONRENEWAL PROCEDURES FOR ACCIDENT AND HEALTH INSURANCE, SO AS TO INCREASE FROM THIRTY TO SIXTY THE NUMBER OF DAYS' NOTICE AN INSURER MUST GIVE WHEN NONRENEWING A POLICY.
Referred to Committee on Labor, Commerce and Industry.
S. 313 -- Senator McConnell: A BILL TO AMEND SECTION 54-15-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTAGE LICENSES, SO AS TO DELETE THE DRAFT RESTRICTIONS FOR APPRENTICE BRANCH LICENSES AND TO DIRECT THE COMMISSIONERS OF PILOTAGE TO ESTABLISH IN REGULATION THE TONNAGE AND DRAFT RESTRICTIONS FOR EACH SHORT BRANCH APPRENTICE LICENSE.
Referred to Committee on Education and Public Works.
S. 436 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENTING/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 437 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 442 -- Senators Rose and Mescher: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO PROVIDE ELECTRIC POWER SERVICE IN BERKELEY COUNTY, SO AS TO REVISE THE NUMBER OF THE AUTHORITY DRAWING MAP WHICH IS REQUIRED TO BE FILED AS PROVIDED IN SECTION 58-31-340.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley 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 Harvin Harwell Haskins Herdklotz Hines Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, February 8.
Donald W. Beatty
LEAVES OF ABSENCE
The SPEAKER granted Rep. SCOTT a leave of absence for today and tomorrow to attend a Housing Convention in Tampa, Florida.
The SPEAKER granted Rep. MARTIN a temporary leave of absence.
I must leave the House today to attend the funeral of a family member, M.P. Martin, service at 3:00 P.M.
Rep. L. MORGAN MARTIN
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3520 -- Rep. Marchbanks: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE PRESIDENT-DESIGNATE OF CLEMSON UNIVERSITY, CONSTANTINE W. CURRIS, ON THURSDAY, FEBRUARY 9, 1995, FOR THE PURPOSE OF BEING INTRODUCED AND RECOGNIZED.
On motion of Rep. QUINN, with unanimous consent, the following House Resolution was taken up for immediate consideration.
H. 3520 -- Rep. Marchbanks: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE PRESIDENT-DESIGNATE OF CLEMSON UNIVERSITY, CONSTANTINE W. CURRIS, ON THURSDAY, FEBRUARY 9, 1995, FOR THE PURPOSE OF BEING INTRODUCED AND RECOGNIZED.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the president-designate of Clemson University, Constantine W. Curris, at a time to be determined by the Speaker, on Thursday, February 9, 1995, for the purpose of being introduced and recognized.
The Resolution was adopted.
Rep. WILDER moved to adjourn debate upon the following Joint Resolution until Tuesday, February 14, which was adopted.
S. 446 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SUPERINTENDENT OF LAURENS COUNTY SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE EDUCATION FINANCE ACT WHILE THIS SUPERINTENDENT IS A REEMPLOYED RETIREE RECEIVING BENEFITS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3060 -- Reps. Vaughn, Cato, Allison, J. Brown, Meacham, Elliott, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHEN THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX MONTHS AFTER HAVING BEEN LEGALLY FREED FOR ADOPTION AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.
H. 3191 -- Reps. P. Harris, Neilson, Waldrop, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY ADDING SECTION 37-11-135 SO AS TO EXEMPT FROM CERTAIN LICENSING REQUIREMENTS A CONTINUING CARE RETIREMENT COMMUNITY WHICH DOES NOT REQUIRE PAYMENT OF AN ENTRANCE FEE; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; AND BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED.
H. 3442 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO EXPERIENCE MODIFICATION FOR STAFF LEASING SERVICES COMPANIES IN THE WORKERS COMPENSATION ASSIGNED RISK PLAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1817, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3212 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Jennings, Kelley, Rhoad, Shissias and Wilkes: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY WHETHER THERE IS A NEED FOR SPECIAL LICENSING CRITERIA FOR HEALTH CARE FACILITIES WHICH PROVIDE SPECIAL CARE UNITS AND OTHER PROGRAMS FOR ALZHEIMER'S DISEASE AND RELATED DISORDERS PATIENTS AND TO REPORT ITS FINDINGS TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
H. 3487 -- Reps. Hutson, Moody-Lawrence, Baxley, Jennings, Cain, Neilson, Quinn, Cromer, Harrison, Cobb-Hunter, Cave, L. Whipper, Bailey, Sharpe, McElveen, Worley, S. Whipper, Koon, Knotts, Kennedy, Law, Walker, Wilder, Simrill, White, Inabinett, Limehouse, Fulmer, J. Harris, Robinson, Kelley, Wells, Trotter, Neal, Williams, Shissias, Hines, Keyserling, Riser, Rhoad, Kinon, Harwell, Witherspoon, Davenport, Seithel, Whatley, Richardson, J. Brown, Byrd, McMahand, H. Brown, G. Brown, Townsend, R. Smith, J. Young, Spearman, Carnell, D. Smith, Herdklotz, Huff, Rice, Vaughn, Stuart, Stille, Meacham, Wright, Wilkes, Limbaugh, Lloyd, Keegan, Haskins, Phillips, Wofford, McAbee, P. Harris, Hodges, Tucker, Dantzler, Askins, Howard, Lanford, Klauber and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-692 SO AS TO DESIGNATE SOUTH CAROLINA GROWN TEA AS THE OFFICIAL HOSPITALITY BEVERAGE OF THE STATE.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3505 -- Education and Public Works Committee: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.
Rep. COOPER explained the Bill.
H. 3506 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH explained the Joint Resolution.
H. 3507 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH explained the Joint Resolution.
H. 3508 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH explained the Joint Resolution.
H. 3509 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH explained the Joint Resolution.
H. 3510 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, PROVISIONS FOR GRANTING HIGH SCHOOL CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH explained the Joint Resolution.
H. 3511 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND TRAFFIC ON THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. STILLE explained the Joint Resolution.
The following Joint Resolution was taken up.
H. 3512 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE REPEAL OF PARENT-ORIENTED EDUCATION PROGRAMS AND THE PROMULGATION OF PARENT/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH explained the Joint Resolution.
Rep. McTEER made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.
Rep. STUART made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
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.
Amend Title To Conform
SECTION 1. It is proposed that 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.
No member of the House may serve more than six complete terms. For those House members elected in the 1994 election whether or not they have prior House service, the limitation on terms herein contained begins with the terms starting in January, 1995. For those members elected after 1994 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1994. 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 once the limitation begins."
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 no member of the House may serve more than six complete terms, to provide that for those House members elected in the 1994 election whether or not they have prior House service, this limitation on terms begins with the term starting in January, 1995, and to provide that for those members elected after 1994 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1994?
[ ]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. It is proposed that 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.
No member of the Senate may serve more than three complete terms. For those Senators elected in the 1996 election whether or not they have prior Senate service, the limitation on terms herein contained begins with the terms starting in January, 1997. For those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996. 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 once the limitation begins."
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 6 of the Constitution of this State relating to the Senate be amended so as to provide that no member of the Senate may serve more than three complete terms, to provide that for those Senators elected in the 1996 election whether or not they have prior Senate service, this limitation on terms begins with the terms starting in January, 1997, and to provide that for those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996?
[ ]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. It is proposed that 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.
No constitutional officer referenced above may serve more than three complete terms. For those constitutional officers elected in the 1994 election whether or not they have prior service in that constitutional office, the limitation on terms herein contained begins with the terms starting in January, 1995. For those constitutional officers elected after 1994 whether or not they have prior service in that constitutional office, the limitation begins with the terms the constitutional officers first serve after 1994. 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 once the limitations begins."
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 VI, Section 7 of the Constitution of this State relating to the constitutional officers of this State be amended so as to provide that no constitutional officer may serve more than three complete terms, to provide that for those constitutional officers elected in the 1994 election whether or not they have prior service in that constitutional office, this limitation on terms begins with the terms starting in January, 1995, and to provide that for those constitutional officers elected after 1994 whether or not they have prior service in that constitutional office, the limitation begins with the term the constitutional officer first serves after 1994?
[ ]Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The Judiciary Committee proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\GJK\21323SD.95), which was adopted.
Amend the resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that 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.
No member of the House may serve more than six complete terms. For those House members elected in the 1994 election whether or not they have prior House service, the limitation on terms herein contained begins with the terms starting in January, 1995. For those members elected after 1994 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1994. 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 once the limitation begins."
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 no member of the House may serve more than six complete terms, to provide that for those House members elected in the 1994 election whether or not they have prior House service, this limitation on terms begins with the term starting in January, 1995, and to provide that for those members elected after 1994 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1994?
[ ]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. It is proposed that 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.
No member of the Senate may serve more than three complete terms. For those Senators elected in the 1996 election whether or not they have prior Senate service, the limitation on terms herein contained begins with the terms starting in January, 1997. For those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996. 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 once the limitation begins."
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 6 of the Constitution of this State relating to the Senate be amended so as to provide that no member of the Senate may serve more than three complete terms, to provide that for those Senators elected in the 1996 election whether or not they have prior Senate service, this limitation on terms begins with the terms starting in January, 1997, and to provide that for those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996?
[ ]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. It is proposed that 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.
No constitutional officer referenced above may serve more than three complete terms. For those constitutional officers elected in the 1994 election whether or not they have prior service in that constitutional office, the limitation on terms herein contained begins with the terms starting in January, 1995. For those constitutional officers elected after 1994 whether or not they have prior service in that constitutional office, the limitation begins with the terms the constitutional officers first serve after 1994. 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 once the limitations begin."
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 VI, Section 7 of the Constitution of this State relating to the constitutional officers of this State be amended so as to provide that no constitutional officer may serve more than three complete terms, to provide that for those constitutional officers elected in the 1994 election whether or not they have prior service in that constitutional office, this limitation on terms begins with the terms starting in January, 1995, and to provide that for those constitutional officers elected after 1994 whether or not they have prior service in that constitutional office, the limitation begins with the term the constitutional officer first serves after 1994?
[ ]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. HARRISON explained the amendment.
Rep. ROGERS spoke against the amendment.
The amendment was then adopted.
Reps. NEAL, ROGERS and HODGES proposed the following Amendment No. 2A (Doc Name L:\council\legis\amend\GJK\21352SD.95), which was ruled out of order.
Amend the Report of the Committee on Judiciary, as and if amended, in SECTION 1,beginning on line 32, page 3281-1, by striking /For those House members elected in the 1994 election whether or not they have prior House service, the limitation on terms herein contained begins with the terms starting in January, 1995. For those members elected after 1994 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1994./ and inserting /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./
Amend the Report further, as and if amended, in SECTION 2, beginning on line 7, page 3281-2, by striking /to provide that for those House members elected in the 1994 election whether or not they have prior House service, this limitation on terms begins with the term starting in January, 1995, and to provide that for those members elected after 1994 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1994/ and inserting /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/
Amend the Report further, as and if amended, in SECTION 3, beginning on line 28, page 3281-2, by striking /For those Senators elected in the 1996 election whether or not they have prior Senate service, the limitation on terms herein contained begins with the terms starting in January, 1997. For those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996./ and inserting /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./
Amend the Report further, as and if amended, in SECTION 4, beginning on line 1, page 3281-3, by striking /to provide that for those Senators elected in the 1996 election whether or not they have prior Senate service, this limitation on terms begins with the terms starting in January, 1997, and to provide that for those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996/ and inserting /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/
Amend the Report further, as and if amended, in SECTION 5, beginning on line 25, page 3281-3, by striking /For those constitutional officers elected in the 1994 election whether or not they have prior service in that constitutional office, the limitation on terms herein contained begins with the terms starting in January, 1995. For those constitutional officers elected after 1994 whether or not they have prior service in that constitutional office, the limitation begins with the terms the constitutional officers first serve after 1994./ and inserting /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./
Amend the Report further, as and if amended, in SECTION 6, beginning on line 43, page 3281-3, by striking /to provide that for those constitutional officers elected in the 1994 election whether or not they have prior service in that constitutional office, this limitation on terms begins with the terms starting in January, 1995, and to provide that for those constitutional officers elected after 1994 whether or not they have prior service in that constitutional office, the limitation begins with the term the constitutional officer first serves after 1994/ and inserting /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 him/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS raised the Point of Order that Amendment No. 2A was out of order under Rule 9.2 which states that at the third reading of a Resolution no amendment shall be permitted without unanimous consent.
Rep. ROGERS argued contra the Point.
The SPEAKER stated that Rule 9.2 stated that no amendment shall be permitted without unanimous consent on third reading and he sustained the Point of Order and ruled the amendment out of Order.
Rep. SHEHEEN asked unanimous consent to propose Amendment No. 2A on third reading.
Rep. SHARPE objected.
Reps. NEAL, ROGERS and HODGES proposed the following Amendment No. 3A (Doc Name L:\council\legis\amend\GJK\21355SD.95), which was ruled out of order.
Amend the Report of the Committee on Judiciary, as and if amended, by striking all after the enacting words 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 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. It is proposed that Article III, Section 2 of the Constitution of South Carolina, 1895, be 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 if such term limitations apply to him, may also serve additional terms as hereinafter specified. For those House members elected in the 1994 election whether or not they have prior House service, the six-term limitation begins with the terms starting in January, 1995, and for those members elected after 1994 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1994."
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 a six-term limitation is ratified into law, in addition to completing the term which they are currently serving if such term limitations apply to them, may also serve additional terms thereafter, in that for those House members elected in the 1994 election whether or not they have prior House service, this six-term limitation begins with the term starting in January, 1995, and that for those members elected after 1994 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1994?
[ ]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. It is proposed that Article III, Section 6 of the Constitution of South Carolina, 1895, be 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. It is proposed that Article III, Section 6 of the Constitution of South Carolina, 1895, be 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 if such term limitations apply to him, may also serve additional terms as hereinafter specified. For those Senators elected in the 1996 election whether or not they have prior Senate service, the three-term limitation begins with the terms starting in January, 1997, and for those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996."
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 a three-term limitation is ratified into law, in addition to completing the term which they are currently serving if such term limitations apply to them, may also serve additional terms thereafter, in that for those Senators elected in the 1996 election whether or not they have prior Senate service, this limitation on terms begins with the terms starting in January, 1997, and that for those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996?
[ ]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. It is proposed that Article VI, Section 7 of the Constitution of South Carolina, 1895, be 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 him?
[ ]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. It is proposed that Article VI, Section 7 of the Constitution of South Carolina, 1895, be 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 if such term limitations apply to him, may also serve additional terms as hereinafter specified. For those constitutional officers elected in the 1994 election whether or not they have prior service in that constitutional office, the three-term limitation begins with the terms starting in January, 1995, and for those constitutional officers elected after 1994 whether or not they have prior service in that constitutional office, the limitation begins with the terms the constitutional officers first serve after 1994."
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 a three-term limitation is ratified into law, in addition to completing the term which he is currently serving if such term limitations apply to him, may also serve additional terms thereafter, in that for those constitutional officers elected in the 1994 election whether or not they have prior service in that constitutional office, this limitation on terms begins with the terms starting in January, 1995, and that for those constitutional officers elected after 1994 whether or not they have prior service in that constitutional office, the limitation begins with the term the constitutional officer first serves after 1994?
[ ]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. HASKINS raised the Point of Order that Amendment No. 3A was out of order under Rule 9.2.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. ROGERS spoke against the Joint Resolution.
Rep. LANFORD spoke in favor of the Joint Resolution.
Reps. JENNINGS and COBB-HUNTER spoke against the Joint Resolution.
Rep. HARRISON spoke in favor of the Joint Resolution.
Rep. WILKES spoke against the Joint Resolution.
Rep. McELVEEN spoke in favor of the Joint Resolution.
Rep. BAXLEY spoke upon the Joint Resolution.
Rep. SHEHEEN spoke upon the Joint Resolution.
Rep. FELDER spoke in favor of 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 Boan Brown, H. Brown, J. Brown, T. Cain Canty Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Haskins Herdklotz Huff Hutson Jaskwhich Keegan Kelley Keyserling Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McElveen McKay Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Breeland Brown, G. Byrd Cave Clyburn Cobb-Hunter Delleney Howard Jennings Kirsh Lloyd McCraw McMahand Moody-Lawrence Neal Spearman Whipper, L. Whipper, S. White Wilkes
So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed, read the third time, and ordered sent to the Senate.
I am for term limits and believe 12 years is reasonable. I will not vote for a Joint Resolution which does not apply equally to all South Carolinians.
Rep. ROBERT J. SHEHEEN
I voted for the passage of term limits legislation; however, I must state that I personally oppose the concept expressed by such legislation in that I feel that our citizens, through their use of the ballot box, have the ultimate choice in defining the term of office that all elected officials serve. I recognize that term limits is a proposition that has been embraced by the public at large and, consequently, feel that it is my duty to represent the position of our citizens; therefore, my reason for voting for the term limits legislation today is to allow the people to decide this issue by referendum vote in the next General Election.
Rep. JENNINGS G. McABEE
I voted for the passage of term limits legislation; however, I must state that I personally oppose the concept expressed by such legislation in that I feel that our citizens, through their use of the ballot box, have the ultimate choice in defining the term of office that all elected officials serve. I recognize that term limits is a proposition that has been embraced by the public at large and, consequently, feel that it is my duty to represent the position of our citizens; therefore, my reason for voting for the term limits legislation today is to allow the people to decide this issue by referendum vote in the next General Election.
Rep. MARION P. CARNELL
As stated in the Journal in previous votes on this issue, I am a supporter of term limits but cannot in good conscience vote for a Joint Resolution which exempts the vast majority of the present General Assembly by not taking immediate effect. Citizens want term limits now, not twelve years from now. Therefore I abstain.
Rep. J. MICHAEL BAXLEY
I voted against H. 3281 "Term Limits" Joint Resolution because it gives a special exemption to sitting legislators and protects incumbents. True term limits should apply equally to everyone.
Rep. TIMOTHY C. WILKES
I was out of the House Chamber attending a meeting in the Office of the Division of Local Government discussing a grant for the Town of Ridgeville and the Town of Harleyville when the third vote on H. 3281 was taken. I have already voted in favor of H. 3281. Had I been in the House Chamber I would have voted yes on H. 3281 on the third reading. I wish my statement to be published in the Journal. Thank you.
Rep. GEORGE H. BAILEY
I did not vote on H. 3281 because I did not think it offered the voters a clear choice as to whether the term limits should be retroactive. Term limits should apply to everyone, including the current members.
Rep. DONNY WILDER
Rep. H. BROWN moved that the House recur to the morning hour, which was agreed to.
On motion of Rep. ALLISON, with unanimous consent, the following was taken up for immediate consideration:
H. 3538 -- Reps. Allison, Cobb-Hunter, Wells, Sheheen, Meacham, Seithel, G. Brown, White, Moody-Lawrence, Neilson, Wofford, J. Harris, Wilkes, Spearman, Gamble, Neal, Byrd, Cromer, Thomas and L. Whipper: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO WOMEN SERVING, OR FORMERLY SERVING, IN THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THE ONE HUNDREDTH YEAR OF WOMEN IN LEGISLATURES ON WEDNESDAY, MARCH 29, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Be it resolved by the House of Representatives:
That women serving, or formerly serving, in the General Assembly of the State of South Carolina are extended the privilege of the floor of the House of Representatives on Wednesday, March 29, 1995, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on the One Hundredth Year of Women in Legislatures.
The Resolution was adopted.
The following was introduced:
H. 3539 -- Rep. Allison: A CONCURRENT RESOLUTION RECOGNIZING THE ONE HUNDREDTH YEAR OF WOMEN IN LEGISLATURES AND THE MANY CONTRIBUTIONS WOMEN SERVING, OR FORMERLY SERVING, IN VARIOUS CAPACITIES IN THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA, HAVE MADE TO OUR LEGISLATIVE PROCESS.
Whereas, the members of the General Assembly recognize the One Hundredth Year of Women in Legislatures; and
Whereas, the General Assembly proudly recognizes the women serving, or formerly serving, in our State Legislature for their accomplishments; and
Whereas, these women have served diligently, enthusiastically, and have devoted most of their lives to their communities and our great State; and
Whereas, their knowledge, expertise, and wise leadership are valuable tools to carry South Carolina into the twenty-first century; and
Whereas, the members of the General Assembly, by this resolution, would like to congratulate the following:
Senator Mary G. Ellis
Representative Harriet F. Johnson
Representative Emma Jane McDermott
Representative Martha T. Fitzgerald
Representative Ruby G. Wesson
Representative Virginia Gourdin
Representative Ruth Williams
Representative Carolyn E. Frederick
Senator Thomasine Grayson Mason
Representative Sherry Shealy
Senator Sherry Shealy Martschink
Representative Irene K. Rudnick
Representative Norma C. Russell
Senator Norma C. Russell
Representative Jewel S. Baskin
Representative Juanita W. Goggins
Representative Jean H. Toal
Supreme Court Justice Jean H. Toal
Representative Joyce C. Hearn
Representative Ferdinan B. (Nancy) Stevenson
Lieutenant Governor Ferdinan B. (Nancy) Stevenson
Representative Sylvia K. Dreyfus
Representative Jean B. Meyers
Representative Lois M. Eargle
Representative Virginia L. Crocker
Representative Jean L. Harris
Representative Juanita M. White
Senator Elizabeth J. Patterson
Senator Nell W. Smith
Representative Mary P. Miles
Representative Harriet H. Keyserling
Representative Donna A. Moss
Representative Denny W. Neilson
Representative Sara V. Shelton
Representative Lucille S. Whipper
Representative Carole C. Wells
Representative Candy Y. Waites
Representative Rebecca D. "Becky" Meacham
Representative Annette D. Young
Representative Kimberly T. Burch
Representative Alma W. Byrd
Representative Levola S. Taylor
Senator Linda H. Short
Representative Merita A. Allison
Representative Gilda Cobb-Hunter
Representative Margaret J. Gamble
Representative Bessie Moody-Lawrence
Representative June L. Shissias
Representative Molly M. Spearman
Representative Lynn Seithel
Representative Elsie Rast Stuart
Representative Paula H. Thomas
Representative Maggie W. Glover
Senator Maggie W. Glover
Representative Holly A. Cork
Senator Holly A. Cork
Representative Brenda Council
Representative Kathleen G. Kempe
Representative Sarah G. Manly
Whereas, the General Assembly, by this resolution, extends their sincerest appreciation to all of these women who have unselfishly served our Palmetto State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, recognizes the One Hundredth Year of Women in Legislatures and the many contributions women serving, or formerly serving, in various capacities in the General Assembly of the State of South Carolina.
Be it further resolved that a copy of this resolution be forwarded to the above-named women or their immediate families.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3540 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND ULYSSES DURHAM ON HIS TWENTY-FIFTH ANNIVERSARY AS PASTOR OF NEW HOPE BAPTIST CHURCH IN LIBERTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3541 -- Rep. Davenport: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND MICHAEL S. HAMLET, OF SPARTANBURG COUNTY, FOR HIS OUTSTANDING MINISTRY DURING TEN YEARS OF SERVICE AT THE FIRST BAPTIST CHURCH IN NORTH SPARTANBURG.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3542 -- Reps. McElveen, Richardson, G. Brown, Canty, Keyserling, Neal and J. Young: A CONCURRENT RESOLUTION REQUESTING THE GOVERNOR, STATE BUDGET AND CONTROL BOARD, AND THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO MAKE AVAILABLE FUNDS FROM ALL POSSIBLE SOURCES TO ASSIST LOCAL POLITICAL SUBDIVISIONS IN COMBATTING FURTHER MILITARY BASE CLOSURES IN THIS STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3543 -- Reps. Littlejohn, Walker, Wells, D. Smith, Lanford, Davenport and Allison: A JOINT RESOLUTION TO APPROPRIATE FROM FISCAL YEAR 1993-94 SURPLUS REVENUES THREE HUNDRED FIFTY THOUSAND DOLLARS FOR A REHABILITATION FACILITY FOR ALCOHOL AND DRUG ABUSE TREATMENT LOCATED IN SPARTANBURG COUNTY.
Referred to Committee on Ways and Means.
H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998-99 SCHOOL YEAR, A MINIMUM OF FOUR UNITS IN MATHEMATICS RATHER THAN THREE AND A MINIMUM OF THREE UNITS IN SCIENCE RATHER THAN TWO, MUST BE EARNED.
Referred to Committee on Education and Public Works.
H. 3545 -- Rep. McTeer: A BILL TO AMEND SECTION 23-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM CHARGES WHICH MAY BE CHARGED A SUBSCRIBER WHEN A COUNTY IMPLEMENTS A 911 EMERGENCY TELEPHONE SYSTEM, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO CHARGE SUBSCRIBERS WITH A MAXIMUM OF TEN LOCAL EXCHANGE LINES A CHARGE WHICH IS LESS THAN OTHER SUBSCRIBERS.
Referred to Committee on Ways and Means.
H. 3546 -- Rep. McTeer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED ONTO OTHER STATE CONSTITUTIONAL OFFICES IN THE MANNER THE GENERAL ASSEMBLY SHALL DIRECT BY LAW.
Referred to Committee on Judiciary.
H. 3547 -- Reps. Meacham, A. Young, Moody-Lawrence, Bailey, Wright, Seithel, Allison, Cotty, Stille, Law and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-25 SO AS TO PROVIDE THAT UNDER CERTAIN CONDITIONS A PARENT OR GUARDIAN WHOSE CHILD OR WARD WILL REACH THE AGE OF FOUR, FIVE, OR SIX BEFORE THE END OF DECEMBER OF A PARTICULAR SCHOOL YEAR MAY ELECT TO HAVE THAT CHILD BEGIN FOUR-YEAR-OLD KINDERGARTEN, FIVE-YEAR-OLD KINDERGARTEN, OR THE FIRST GRADE AS APPLICABLE.
Referred to Committee on Education and Public Works.
H. 3548 -- Reps. McElveen and J. Young: A BILL TO AMEND SECTION 30-5-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES FOR RECORDING A DEED OR OTHER WRITTEN INSTRUMENT INCLUDING THE USE OF ACKNOWLEDGMENTS, SO AS TO PROVIDE THAT STATUTORY SHORT FORMS OF ACKNOWLEDGEMENTS ALSO MAY BE USED WHERE THE INSTRUMENT IS ACKNOWLEDGED BY THE GRANTOR OR MAKER.
Referred to Committee on Judiciary.
H. 3549 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PERMITS AND PERMIT ISSUANCE UNDER THE "SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT", SO AS TO PROVIDE FOR THE FORMS OF FINANCIAL ASSURANCE REQUIRED TO ENSURE THE AVAILABILITY OF FUNDS FOR CLEAN-UP COSTS AND RESTORATION OF ENVIRONMENTAL IMPAIRMENT ARISING FROM A FACILITY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3550 -- Reps. Phillips, Moody-Lawrence, Canty, Govan, McKay, Quinn, Wilkes, Walker, Koon, Spearman, Hallman, Wilder, Littlejohn, Simrill, McCraw, Fulmer, S. Whipper, Stuart, Cromer, Shissias, Stille, Sharpe, L. Whipper, Kelley, Delleney, Gamble, Anderson, Mason and Riser: A BILL TO ENACT THE "SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1995" TO ATTACK THE PROBLEMS OF JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR TRAINING OF SCHOOL FACULTY AND STAFF TO PREVENT STUDENT VIOLENCE, TO INSTITUTE IN EACH SCHOOL CASE MANAGEMENT TEAMS TO WORK AS UNITS ON BEHALF OF STUDENTS DISPLAYING SIGNS OF VIOLENT BEHAVIOR, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO COLLECT DATA IDENTIFYING THE BEST PRACTICES IN DEALING WITH PROBLEMS ASSOCIATED WITH STUDENT VIOLENCE, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PILOT TEST A CLUSTER SCHOOL CONCEPT IN URBAN AND RURAL SETTINGS IN HIGH CRIME AREAS, TOGETHER WITH A SPECIALIZED PROGRAM OF INTERVENTION AND PREVENTION, TO ESTABLISH AN ADVISORY COMMITTEE COMPOSED OF VARIOUS AGENCY REPRESENTATIVES CONVENED BY THE STATE LAW ENFORCEMENT DIVISION TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO CLUSTER SCHOOLS SERVING AS DEMONSTRATION SITES, TO ESTABLISH A STATEWIDE SCHOOLHOUSE SAFETY RESOURCE CENTER AT THE DEPARTMENT OF EDUCATION TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO SCHOOLS REGARDING SCHOOL VIOLENCE AND STRATEGIES FOR COLLABORATING WITH OTHER AGENCIES AND THE COURTS TO PREVENT THIS PROBLEM, TO REQUIRE CONFLICT RESOLUTION STRATEGIES TO BE TAUGHT TO JUVENILES IN CONFINEMENT FACILITIES, TO REQUIRE PARENTS OF CHILDREN IDENTIFIED AS IN NEED OF SERVICES OR COUNSELING TO PARTICIPATE IN CERTAIN CASE MANAGEMENT MEETINGS REGARDING THEIR CHILDREN AT THE REQUEST OF SCHOOL OFFICIALS AND TO PROVIDE PENALTIES FOR FAILURE TO PARTICIPATE, TO REQUIRE SCHOOL OFFICIALS TO REPORT CERTAIN CRIMINAL BEHAVIOR BY STUDENTS TO APPROPRIATE LAW ENFORCEMENT AGENCIES, TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE CERTAIN REGULATIONS REGARDING PARENTING, FAMILY LITERACY, AND PARENTAL INVOLVEMENT PROGRAMS, TO PROVIDE FOR CONTINUING LEGAL EDUCATION SEMINARS IN ISSUES OF YOUTH VIOLENCE FOR ATTORNEYS LICENSED TO PRACTICE IN THIS STATE; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1331 SO AS TO AUTHORIZE FAMILY COURT JUDGES TO ORDER AS A CONDITION OF PROBATION CERTAIN CHILDREN TO PARTICIPATE IN A SPECIAL ALTERNATIVE CONFINEMENT UNIT; BY ADDING SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO REQUIRE PARENTS TO APPEAR BEFORE IT REGARDING CERTAIN BEHAVIOR OF THEIR CHILD AND TO PARTICIPATE IN THE ASSESSMENT OF THE FAMILY OR IN FAMILY PARTICIPATION TREATMENT SERVICES TO IMPROVE THAT BEHAVIOR; BY ADDING SECTION 20-7-1352 SO AS TO PROVIDE THAT THE FAMILY COURT SHALL REQUIRE ACCEPTABLE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS A PART OF ANY PROBATION ORDER INVOLVING CHILDREN; BY ADDING SECTION 20-7-1353 SO AS TO PROVIDE THAT PROBATION AND PAROLE COUNSELORS ARE REQUIRED TO ASSIST IN THE RE-ENROLLMENT OF ALL THEIR CLIENTS WHO ARE CHILDREN IN THE PUBLIC SCHOOLS UPON THE CHILDREN BEING RELEASED FROM CONFINEMENT FACILITIES; AND BY ADDING SECTION 20-7-3236 SO AS TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL ESTABLISH A SHORT-TERM SPECIAL ALTERNATIVE CONFINEMENT UNIT FOR CERTAIN NONVIOLENT JUVENILES.
Referred to Committee on Education and Public Works.
H. 3551 -- Reps. J. Brown, Davenport, Hines, Clyburn, Byrd, Breeland and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-45 SO AS TO PROVIDE THAT A MINIMUM OF ONE CREDIT HOUR IN ASSISTIVE TECHNOLOGY TRAINING MUST BE INCLUDED IN THE RECERTIFICATION REQUIREMENTS FOR SPECIAL EDUCATION TEACHERS AND ADMINISTRATORS.
Referred to Committee on Education and Public Works.
H. 3552 -- Reps. Jennings, Tucker, Baxley, Chamblee, Stuart, Canty, Richardson, Askins, Inabinett, Littlejohn, Meacham, Sandifer, Lanford, Wofford, Herdklotz, Moody-Lawrence, Quinn, Law, Sheheen, McCraw, Whatley, Shissias, Kirsh, Fleming, Stille, Limbaugh, Lloyd, Huff, Cain, Seithel, Hines, Wells, Allison, Vaughn, Davenport, Tripp, Easterday, D. Smith, Dantzler, J. Harris, Klauber and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 56 SO AS TO REQUIRE MOTOR VEHICLE MANUFACTURERS TO DISCLOSE POST-MANUFACTURING DAMAGES AND REPAIRS IN WRITING TO MOTOR VEHICLE DEALERS, TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO MOTOR VEHICLE PURCHASERS IN WRITING NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE", AND TO DEFINE "MANUFACTURER'S SUGGESTED RETAIL PRICE".
Referred to Committee on Labor, Commerce and Industry.
H. 3553 -- Reps. Keyserling, Fair, Limehouse, Hines, Cotty, Cain, Herdklotz, Harvin, Harrison, Jennings, White, Delleney, Meacham, Cromer, Rogers, G. Brown, Canty, Jaskwhich, Limbaugh, McMahand, L. Whipper, Cobb-Hunter, Simrill, Baxley, Law, Neal, Cooper, Kirsh, S. Whipper, Rice, Allison, J. Young, Kelley, Inabinett, Govan, McCraw, Richardson, McTeer, Moody-Lawrence, Kinon, Kennedy, Trotter, Breeland, Harrell, Lloyd, Tucker, Boan, Quinn, Thomas, Shissias, Beatty, Rhoad, Sheheen, J. Harris, Spearman, Dantzler, McElveen, D. Smith, Neilson, Wilder, Marchbanks, Byrd, Vaughn, Davenport, Hallman, Whatley, Sandifer, Phillips, Fulmer, Lanford, Stoddard, J. Brown, Easterday, Tripp and Anderson: A BILL TO AMEND TITLE 13, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NUCLEAR ENERGY, BY ADDING ARTICLE 11 SO AS TO PROHIBIT THE TRANSPORTATION OF SPENT NUCLEAR FUEL OR HIGH-LEVEL RADIOACTIVE WASTE ON HIGHWAYS AND RAILWAYS IN SOUTH CAROLINA UNLESS AN ENVIRONMENTAL IMPACT STATEMENT HAS BEEN PREPARED IN ACCORDANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL HAS CERTIFIED THAT THE TRANSPORTATION AND STORAGE OF THIS MATERIAL DOES NOT POSE A SIGNIFICANT RISK TO SOUTH CAROLINA CITIZENS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3554 -- Reps. Klauber, Canty, Herdklotz, Littlejohn, Cain, Shissias, Kelley, Chamblee and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-75 SO AS TO PROVIDE THAT IF AN OPTICAL SCANNER USED BY ANY RETAIL VENDOR OVERCHARGES FOR AN ITEM PURCHASED, THE PURCHASER IS ENTITLED TO A REFUND OF THREE TIMES THE PURCHASE PRICE OF THE ITEM OR FIVE DOLLARS, WHICHEVER IS LESS, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3555 -- Reps. Keegan, Cotty, Richardson, Quinn, Carnell, Limbaugh, Kelley, Fulmer, Thomas, T. Brown, Vaughn, Hines, Easterday, Worley, Chamblee, Riser, Lanford and Harwell: A BILL TO AMEND SECTION 12-27-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION AND USE OF THE 10.34 CENT GASOLINE TAX, SO AS TO DEDICATE THE TAX EXCLUSIVELY FOR TRANSPORTATION PURPOSES.
Referred to Committee on Ways and Means.
H. 3556 -- Reps. Fair, Knotts, Littlejohn, Herdklotz, Limehouse, Robinson and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-60 SO AS TO REQUIRE THE GOVERNING BODY OF A COUNTY, MUNICIPALITY, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT, OR AUTONOMOUS SCHOOL DISTRICT TO CONDUCT A PUBLIC HEARING BEFORE ADOPTION OF ITS ANNUAL BUDGET AND ADVERTISE THE HEARING IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY WHERE THESE PUBLIC ENTITIES ARE LOCATED.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3557 -- Rep. Kirsh: A BILL TO AMEND SECTION 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE REGISTRATION STATEMENTS WITH THE SECRETARY OF STATE UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO PROVIDE THAT ANY CIVIC ORGANIZATION WHICH IS TAX EXEMPT UNDER SECTION 501(c)(4) OF THE INTERNAL REVENUE CODE IS ALSO NOT REQUIRED TO FILE THESE REGISTRATION STATEMENTS.
Referred to Committee on Labor, Commerce and Industry.
Rep. PHILLIPS moved that the House do now adjourn.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Breeland Brown, J. Byrd Cave Hines Howard Inabinett Lloyd McMahand Moody-Lawrence Phillips Rogers Stoddard Whipper, L. Whipper, S. White
Those who voted in the negative are:
Allison Bailey Brown, H. Brown, T. Cato Chamblee Clyburn Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harvin Haskins Herdklotz Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Knotts Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McElveen McKay Meacham Neilson Quinn Rhoad Rice Richardson Robinson Sandifer Seithel Sheheen Shissias Simrill Smith, R. Stuart Thomas Tripp Trotter Vaughn Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young, A. Young, J.
So, the House refused to adjourn.
On motion of Rep. H. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
S. 442 -- Senators Rose and Mescher: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO PROVIDE ELECTRIC POWER SERVICE IN BERKELEY COUNTY, SO AS TO REVISE THE NUMBER OF THE AUTHORITY DRAWING MAP WHICH IS REQUIRED TO BE FILED AS PROVIDED IN SECTION 58-31-340.
On motion of Rep. THOMAS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
S. 45 -- Senator Greg Smith: A BILL TO AMEND SECTION 54-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY PROVIDING THAT BEGINNING FEBRUARY 1, 1995, AT THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE GEORGETOWN PILOTAGE COMMISSION, THE TERMS OF THE COMMISSIONERS ELECTED INITIALLY THEREAFTER SHALL BE STAGGERED, TWO SHALL SERVE FOR THREE YEARS, TWO SHALL SERVE FOR TWO YEARS, AND TWO SHALL SERVE FOR ONE YEAR. PROVIDED, HOWEVER, THAT AT THE EXPIRATION OF THESE TERMS, COMMISSIONERS SHALL BE ELECTED TO TWO-YEAR TERMS.
On motion of Rep. WELLS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 3528 -- Reps. Wells, Allison, Littlejohn, Lanford, Beatty, Wilder, Walker, Vaughn, Davenport and D. Smith: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE FOR ONE ADDITIONAL MEMBER OF THE COMMISSION FROM GREENVILLE COUNTY, AND ONE ADDITIONAL MEMBER FROM CHEROKEE COUNTY AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS SHALL BE APPOINTED.
The following House Resolution was taken up.
H. 3432 -- Reps. Harvin and Quinn: A HOUSE RESOLUTION AFFIRMING THE BELIEF THAT THIS STATE'S ON-GOING COMMERCIAL RELATIONSHIP WITH THE PEOPLE OF THE REPUBLIC OF CHINA ON TAIWAN SHOULD BE RECOGNIZED AS SERVING THE MUTUAL INTERESTS OF SOUTH CAROLINIANS AND THE PEOPLE OF THE REPUBLIC OF CHINA ON TAIWAN IN AN EQUITABLE AND RECIPROCAL MANNER, THAT THE RECORD OF THE REPUBLIC OF CHINA ON TAIWAN CONCERNING HER DEMOCRATIZATION AT HOME AND HER HUMANITARIAN SERVICE ABROAD BE ACCORDED APPROPRIATE RECOGNITION BY THE PEOPLE OF THIS STATE, AND THAT DUE CONSIDERATION SHOULD BE GIVEN BY THE UNITED STATES TO THE READINESS OF THE REPUBLIC OF CHINA ON TAIWAN FOR THE LATTER'S FURTHER CONTRIBUTIONS TO AND BROADER PARTICIPATION IN THE INTERNATIONAL COMMUNITY, INCLUDING FORUMS SUCH AS MULTILATERAL TRADE ASSOCIATIONS, HUMANITARIAN RELIEF ORGANIZATIONS, AND THE UNITED NATIONS.
Whereas, the people of the State of South Carolina enjoy a sister state relationship with the people of the Republic of China on Taiwan; and
Whereas, commercial interaction with the Republic of China on Taiwan has grown substantially in recent years to the benefit of our State; and
Whereas, a democratic, multi-party political system has been smoothly established in the Republic of China on Taiwan in recent years; and
Whereas, the direct role of the Republic of China on Taiwan in international development programs and humanitarian relief operations has expanded significantly during the past decade, often in close coordination with our nation's own such efforts; and
Whereas, seven Central American countries have proposed to the Secretary General of the United Nations that a supplementary item be included in the provisional agenda of the 48th General Assembly session to consider the exceptional situation of the Republic of China on Taiwan in the international community, based on the principle of universality and in accordance with the established pattern of parallel representation by divided countries in the United Nations. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina, by this resolution, strongly believes that this State's on-going commercial relationship with the people of the Republic of China on Taiwan should be recognized as serving our mutual interests in an equitable and reciprocal manner; that the record of the Republic of China on Taiwan concerning her democratization at home and her humanitarian service abroad be accorded appropriate recognition by the people of this State; and that due consideration should be given by the United States to the readiness of the Republic of China on Taiwan for the latter's further contributions to and broader participation in the international community, including forums such as multilateral trade associations, humanitarian relief organizations, and the United Nations.
Be it further resolved that a copy of this resolution be forwarded to the appropriate representative of the Republic of China on Taiwan.
Rep. HARVIN explained the House Resolution.
The Resolution was adopted.
The following Concurrent Resolution was taken up.
H. 3341 -- Reps. Fulmer, Hallman and Seithel: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO ARTICLE V OF THE UNITED STATES CONSTITUTION THAT WILL ENABLE THREE-FOURTHS OF THE STATES TO AMEND THE CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.
Whereas, all thirty-three amendments proposed to the United States Constitution since 1788 have been initiated by Congress; and
Whereas, more than four hundred petitions from the several states requesting a constitutional convention to propose amendments have been filed with Congress but have never resulted in the calling of a convention or adoption of an amendment; and
Whereas, there should be a proper balance of national and state power in a federal system; the present mechanism for the states to initiate a constitutional convention has proved to be unworkable; and the envisioned and desirable equipoise between national and state powers requires a means for the several states to be able to propose amendments to the Constitution; and
Whereas, an Intergovernmental Partnership Task Force has proposed in its 1989 report to the Intergovernmental Affairs Committee of The Council of State Governments an amendment to Article V of the United States Constitution to establish a thoughtful balancing of national and state interests in the constitutional amendment process; and
Whereas, the gist of the task force proposal is to enable the legislatures of three-fourths of the states to propose amendments to the Constitution subject to the veto of the Congress by a two-thirds vote of both houses within two years of the states' submission of the amendments; and
Whereas, this proposal embodies a prudent method for constitutional amendments to be initiated by a substantial majority of the several states and yet subject to veto by the Congress. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of South Carolina requests the Congress of the United States to propose an amendment to Article V of the Constitution of the United States which in essence provides that:
Whenever three-fourths of the legislatures of the several states deem it necessary, they shall propose amendments to this Constitution. After two years from the date of receipt by the clerk of the House of Representatives of a certified copy of the proposed amendments from the state which represents three-fourths or more of the several states, the proposed amendments shall be valid to all intents and purposes as part of this Constitution, unless disapproved by two-thirds of both Houses of Congress within that two-year period. Each state shall have the power to rescind its action to propose the amendments only until the beginning of that two-year period.
Be it further resolved that the General Assembly of South Carolina requests the legislatures of the several states to apply to Congress for the proposal of this amendment to the Constitution of the United States.
Be it further resolved that copies of this resolution be sent to the President of the Senate and the Speaker of the House of Representatives of the United States, to each of the senators and representatives in Congress from South Carolina, and to the legislatures of each of the several states, attesting to the adoption of this resolution.
Rep. FULMER explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. SHEHEEN.
The following Bill was taken up.
H. 3158 -- Reps. Quinn, Robinson and Harrell: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT EMPLOYEES OF THE OFFICE OF THE LIEUTENANT GOVERNOR, AND TO EXEMPT IN THE OFFICES OF OTHER STATEWIDE CONSTITUTIONAL OFFICE EMPLOYEES APPOINTED BY THE OFFICER AT OR ABOVE THE ORGANIZATIONAL LEVEL OF ASSISTANT DIRECTORS OF INDIVIDUAL PROGRAM COMPONENTS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5350HTC.95), which was tabled.
Amend the bill, as and if amended, in Section 8-17-370(2), as contained in SECTION 1, page 1, by striking (c) on lines 32 through 37 and inserting:
/(c) employees within the office of the Attorney General appointed by the Attorney General to serve at or above the organizational level of assistant directors of individual program components; and
(d) employees listed in subitems (a), (b), and (c) of this item serve at the will and pleasure of the employing constitutional officer./
So that when amended, item (2) reads:
/(2) (a) employees within the Office of the Governor who work at the mansion or in the State House or those employees appointed by the Governor to serve at or above the organizational level of assistant directors of the individual program components;
(b) employees within the Office of the Lieutenant Governor;
(c) employees within the office of the Attorney General appointed by the Attorney General to serve at or above the organizational level of assistant directors of individual program components; and
(d) employees listed in subitems (a), (b), and (c) of this item serve at the will and pleasure of the employing constitutional officer./
Renumber subitems to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. HARRISON continued speaking.
Rep. QUINN spoke in favor of the amendment.
Rep. S. WHIPPER moved to adjourn debate upon the Bill until Tuesday, February 14.
Rep. SIMRILL moved to table the motion.
Rep. WHITE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, G. Brown, H. Cain Cato Chamblee Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harrison Harwell Haskins Herdklotz Hines Huff Hutson Jaskwhich Kelley Keyserling Kirsh Klauber Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Shissias Simrill Smith, D. Smith, R. Stille Stuart Thomas Tripp Trotter Vaughn Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Baxley Boan Breeland Brown, J. Brown, T. Byrd Canty Cave Govan Harris, J. Harvin Jennings Kinon Knotts Lloyd McAbee McMahand Moody-Lawrence Neilson Phillips Rhoad Rogers Sheheen Spearman Whipper, L. Whipper, S. White
So, the motion to adjourn debate was tabled.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. BAXLEY proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\GJK\21382SD.95), which was tabled.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect January 1, 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. D. SMITH 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 Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harwell Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Simrill Smith, D. Smith, R. Stille Tripp Trotter Vaughn Walker Wells Whatley Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cromer Govan Harris, J. Hines Inabinett Jennings Kennedy Keyserling Kinon Kirsh Knotts Lloyd McAbee McCraw McElveen McMahand Moody-Lawrence Neal Neilson Phillips Rhoad Sheheen Spearman Stuart Thomas Tucker Whipper, L. Whipper, S. White Wilder
So, the amendment was tabled.
Rep. BAXLEY spoke against the Bill.
Rep. QUINN spoke in favor of the Bill.
Rep. BAXLEY proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\GJK\21383SD.95), which was rejected.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect July 1, 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then rejected by a division vote of 40 to 54.
Rep. BAXLEY proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\GJK\21383SD.95), which was rejected.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect December 31, 1995./
Renumber sections to conform.
Amend totals and title to conform.
Rep. GOVAN spoke against the Bill.
Rep. KENNEDY moved that the House do now adjourn.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Byrd Cave Clyburn Cobb-Hunter Govan Harris, J. Jennings Kennedy Martin McAbee Neal Thomas Whipper, S.
Those who voted in the negative are:
Allison Askins Bailey Boan Brown, G. Brown, H. Cain Carnell Chamblee Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harrison Harvin Harwell Haskins Herdklotz Huff Hutson Inabinett Jaskwhich Keegan Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McKay Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Tripp Vaughn Walker Wells Whatley Wilder Witherspoon Wofford Wright Young, A. Young, J.
So, the House refused to adjourn.
Reps. BAXLEY, J. YOUNG and THOMAS proposed the following Amendment No. 13, which was adopted.
Amend by adding:
(d) No person may be terminated from employment pursuant to this act unless given three (3) months notice.
Rep. BAXLEY explained the amendment.
Rep. MARTIN spoke in favor of the amendment.
Rep. HALLMAN 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:
Brown, H. Dantzler Davenport Easterday Elliott Fair Fulmer Hallman Herdklotz Kelley Klauber Law Meacham Robinson Simrill Smith, D. Stille Tripp Trotter Vaughn Wofford Young, A.
Those who voted in the negative are:
Allison Bailey Baxley Boan Breeland Brown, G. Brown, T. Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Delleney Fleming Gamble Govan Harrell Harris, J. Harrison Harvin Hines Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Keyserling Kinon Kirsh Knotts Koon Lanford Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McKay Moody-Lawrence Neal Phillips Quinn Rhoad Rice Richardson Riser Rogers Sandifer Seithel Sheheen Shissias Smith, R. Stuart Thomas Walker Wells Whatley Whipper, L. White Wilder Wilkins Witherspoon Wright Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harvin Haskins Huff Hutson Jaskwhich Keegan Kelley Keyserling Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Marchbanks Martin Mason McCraw McKay McMahand Meacham Phillips Quinn Rice Richardson Robinson Sandifer Seithel Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Boan Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Govan Harris, J. Herdklotz Hines Inabinett Jennings Kennedy Kinon Knotts Lloyd McAbee McElveen Moody-Lawrence Neal Neilson Rhoad Riser Sheheen Thomas Whipper, L. Whipper, S. White Wilder
So, the Bill, as amended, was read the second time and ordered to third reading.
I wish to be recorded as voting against the Bill.
Rep. JOHN L. SCOTT, JR.
Rep. FAIR moved that the House do now adjourn.
Rep. CROMER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
The following Joint Resolution was taken up.
H. 3083 -- Reps. Cromer, Baxley, Witherspoon, Vaughn, Riser, Allison, Meacham, Bailey, Haskins, Cato, Kirsh, Shissias, Stuart, Marchbanks, Gamble, Simrill, Cotty, Wilder, Stille, Walker, Tripp, Fulmer, Keyserling, Tucker, Knotts, Elliott, Wells, Fleming, Kelley, Richardson, Sandifer, Mason, Robinson and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article III, Section 7 of the Constitution of South Carolina, 1895, is amended by adding a paragraph at the end to read:
"No person who has been convicted of a felony under state or federal law or who has pled guilty or nolo contendere to these offenses is eligible to serve as a member of the Senate or the House of Representatives."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article III, Section 7 of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses?
[ ]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. It is proposed that Article VI, Section 1 of the Constitution of South Carolina, 1895, is amended to read:
"Section 1. No person shall may be popularly elected to any office in this State or its political subdivisions unless he possess possesses the qualifications of an elector,. Every qualified elector shall be eligible to any office to be voted for, unless is not disqualified by age as prescribed in this Constitution, and has not been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses. No person shall may be elected or appointed to office in this State for life or during good behavior, but the terms of all officers shall must be for some specified period except officers in the militia."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI, Section 1 of the Constitution of this State relating to the eligibility for office of any person popularly elected to any office of this State or the political subdivisions of this State be amended, so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses?
[ ]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'."
Reps. HARRISON and HODGES proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5380HTC.95), which was tabled.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Article III, Section 7 of the Constitution of South Carolina, 1895, is amended by adding a paragraph at the end to read:
"No person who has been convicted of a felony under state or federal law or who has pled guilty or nolo contendere to these offenses is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provisions of this Constitution, this paragraph does not apply to a person who has been pardoned under state or federal law of the disqualifying felony or to a person who files for public office twenty years or more after the completion date of service of the sentence, including probation and parole time."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article III, Section 7 of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office twenty years or more from the date the sentence, including probation and parole time, has been 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'."
SECTION 3. It is proposed that Article VI, Section 1 of the Constitution of South Carolina, 1895, is amended to read:
"Section 1. No person shall may be popularly elected to any office in this State or its political subdivisions unless he possess possesses the qualifications of an elector,. Every qualified elector shall be eligible to any office to be voted for, unless is not disqualified by age as prescribed in this Constitution, and has not been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses. However, notwithstanding any other provisions of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office twenty years or more after the completion date of service of the sentence, including probation and parole time. No person shall may be elected or appointed to office in this State for life or during good behavior, but the terms of all officers shall must be for some specified period except officers in the militia."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI, Section 1 of the Constitution of this State relating to the eligibility for office of any person popularly elected to any office of this State or the political subdivisions of this State be amended, so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office twenty years or more from the date the sentence, including probation and parole time, has been 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. HARRISON explained the amendment.
Rep. MEACHAM moved to table the amendment, which was agreed to.
Reps. HARRISON and HODGES proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\JIC\5382HTC.95), which was tabled.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Article III, Section 7 of the Constitution of South Carolina, 1895, is amended by adding a paragraph at the end to read:
"No person who has been convicted of a felony under state or federal law or who has pled guilty or nolo contendere to these offenses is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provisions of this Constitution, this paragraph does not apply to a person who has been pardoned under state or federal law of the disqualifying felony."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article III, Section 7 of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense?
[ ]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. It is proposed that Article VI, Section 1 of the Constitution of South Carolina, 1895, is amended to read:
"Section 1. No person shall may be popularly elected to any office in this State or its political subdivisions unless he possess possesses the qualifications of an elector,. Every qualified elector shall be eligible to any office to be voted for, unless is not disqualified by age as prescribed in this Constitution, and has not been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses. However, notwithstanding any other provisions of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law. No person shall may be elected or appointed to office in this State for life or during good behavior, but the terms of all officers shall must be for some specified period except officers in the militia."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI, Section 1 of the Constitution of this State relating to the eligibility for office of any person popularly elected to any office of this State or the political subdivisions of this State be amended, so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense?
[ ]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. HARRISON explained the amendment.
Rep. MEACHAM moved to table the amendment, which was agreed to.
Rep. S. WHIPPER spoke against the Joint Resolution.
Rep. J. BROWN moved that the House do now adjourn.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Baxley Breeland Brown, J. Byrd Carnell Cave Clyburn Cobb-Hunter Hallman Herdklotz Hines Inabinett Jaskwhich Jennings Kinon Limehouse Lloyd McAbee McCraw McElveen Neal Phillips Whipper, L. Whipper, S. White
Those who voted in the negative are:
Allison Bailey Boan Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Harrell Harris, J. Harvin Haskins Howard Huff Hutson Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Limbaugh Marchbanks Mason McKay McMahand Meacham Quinn Rhoad Rice Riser Robinson Rogers Sandifer Seithel Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Thomas Tripp Trotter Vaughn Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young, A. Young, J.
So, the House refused to adjourn.
Rep. CROMER explained the Joint Resolution.
The question then recurred to the passage of the Joint Resolution on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Brown, G. Brown, H. Cain Carnell Cato Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harwell Haskins Herdklotz Huff Hutson Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McCraw McKay Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Seithel Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Thomas Tripp Trotter Vaughn Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Breeland Brown, T. Byrd Canty Cave Cobb-Hunter Govan Harvin Hines Kennedy Lloyd McElveen McMahand Moody-Lawrence Neal Whipper, L. Whipper, S. White
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
I want the record to reflect that I abstained from voting on H. 3083.
Rep. DOUGLAS JENNINGS, JR.
Rep. INABINETT moved that the House do now adjourn.
Rep. SHEHEEN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. SHEHEEN moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3558 -- Reps. White and McTeer: A BILL TO AMEND SECTION 20-7-1410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF FAMILY COURT JUDGES FOR EACH JUDICIAL CIRCUIT, SO AS TO PROVIDE THAT NO COUNTY IN THE FOURTEENTH CIRCUIT AS WELL AS THE SIXTH CIRCUIT SHALL HAVE MORE THAN ONE RESIDENT FAMILY COURT JUDGE, AND TO PROVIDE THAT THIS PROVISION SHALL NOT PRECLUDE THE REELECTION OF ANY INCUMBENT FAMILY COURT JUDGE IF THIS WOULD RESULT IN MORE THAN ONE RESIDENT FAMILY COURT JUDGE FROM A PARTICULAR COUNTY IN THESE CIRCUITS.
Referred to Committee on Judiciary.
H. 3559 -- Reps. Rogers, Keyserling, J. Brown, Hodges, L. Whipper, Carnell, White, McMahand, Anderson, Byrd, Cave, Harvin and Neal: A BILL TO PROVIDE THAT THE GENERAL ASSEMBLY FINDS THAT CONGRESS HAS ENACTED THE "NATIONAL VOTER REGISTRATION ACT OF 1993" (P.L. NO. 103-31 OF 1993) AND THAT THE PURPOSE OF THIS ACT IS TO COMPLY WITH THE PROVISIONS OF THAT CONGRESSIONAL LAW; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS TO VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440 AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; AND TO AMEND SECTION 7-13-810, AS AMENDED, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE.
Referred to Committee on Judiciary.
Rep. LANFORD moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3499 -- Rep. Wright: A CONCURRENT RESOLUTION TO COMMEND ADRIAN MCILWAIN, A SENIOR AT IRMO HIGH SCHOOL, FOR HIS RECENT COURAGEOUS ACTIONS IN PREVENTING AN ACCIDENT AND SAVING OTHERS FROM INJURY OR DEATH ON ST. ANDREWS ROAD.
H. 3519 -- Reps. Carnell, McAbee, Klauber and Stille: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY ON WINNING THE 1994 NCAA DIVISION II NATIONAL CHAMPIONSHIP, AS WELL AS THE NATIONAL DOUBLES TITLE.
H. 3521 -- Rep. McMahand: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE HONORABLE LILLIAN BROCK FLEMMING OF GREENVILLE COUNTY FOR HER MANY YEARS OF DEDICATED SERVICE TO THE GREENVILLE COUNTY SCHOOLS, THE CITY OF GREENVILLE, AND THE WHOLE COMMUNITY.
At 5:35 P.M. the House in accordance with the motion of Rep. J. YOUNG adjourned in memory of John B. "Red" Baker of Sumter, to meet at 10:00 A.M. tomorrow.
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