Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 480, Jan. 24 | Printed Page 500, Jan. 24 |

Printed Page 490 . . . . . Tuesday, January 24, 1995

Rep. HODGES proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BBM\9801SD.95), which was ruled out of order.

Amend the resolution, as and if amended, by adding new SECTIONS to be appropriately numbered to read:

/SECTION . Article VI of the Constitution of South Carolina, 1895, is amended by adding:

"Section 12. (A) A person may not serve more than a total of twenty years in any combination of the following offices: United States House of Representatives and United States Senate.

(B) A person who would violate the provisions of this section if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto."

SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that a person may not serve more than a total of twenty years in any combination of the following offices: United States House of Representatives and United States Senate, and to provide that a person who would violate the above provisions if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto.

Yes []

No []

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

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

POINT OF ORDER

Rep. HUFF raised the Point of Order that Amendment No. 6 was out of order as it was not germane in that the Resolution dealt with Article III of the Constitution and the amendment dealt with Article VI of the Constitution.


Printed Page 491 . . . . . Tuesday, January 24, 1995

Rep. HODGES argued contra the point, citing Rule 9.3, in stating that no motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. He further states that the subject matter was the limitation of terms and that they were the same and would certainly fall within Rule 9.3.

The SPEAKER stated that the Resolution dealt with term limits of House members, Senators and Constitutional officers and amended Article III and the amendment dealt with federal office holders and amended Article VI.

Rep. HODGES continued to argue contra the point in stating that the subject matter was elections and the limitation of terms and that was the same.

The SPEAKER stated that there was an earlier amendment which dealt with the combination of the limitation of state and federal office holders but that this one dealt exclusively with federal office holders.

Rep. HODGES continued to argue that the proposition was that of term limits on elected officials and that the main thrust of the Resolution was term limits and not a question of whether it was going to be narrowly applied.

The SPEAKER stated that the Joint Resolution specifically amended a certain section of the Constitution that solely dealt with the House of Representatives, the Senate and State Constitutional Officers and that the section did not deal with federal office holders.

Rep. HUFF stated that the subject matter was State office holders.

The SPEAKER stated that on January 21, 1992, the House was dealing with Senate Reapportionment and there was an amendment dealing with House Reapportionment and Congressional Reapportionment put up and a Point of Order was raised by Rep. HODGES that the Bill dealt only with the Senate and to be consistent with that this amendment had to deal with House of Representatives, the Senate and State Constitutional Officers.

Rep. HODGES continued to argue that the Resolution did make reference to Article VI.

Rep. BAXLEY, citing Rule 9.3, stated that it allowed an amendment which referred to the intent of the motion or proposition under consideration. He further stated, citing Mason's, Section 5, Page 34, that the amendment shall be allowed and the Body vote it up or down.

Rep. SCOTT, citing Line 29 of the title of the Resolution, stated that it did address Article VII of the Constitution.

The SPEAKER stated that the amendment dealt with federal office holders and the Resolution dealt with state office holders and it attempted


Printed Page 492 . . . . . Tuesday, January 24, 1995

to amend a separate section of the Constitution and he sustained the Point of Order and ruled the amendment out of order.

Rep. HODGES proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\BBM\9802SD.95), which was ruled out of order.

Amend the resolution, as and if amended, by adding new SECTIONS to be appropriately numbered to read:

/SECTION . Article VI of the Constitution of South Carolina, 1895, is amended by adding:

"Section 12. (A) A person may not serve more than a total of thirty years in any combination of the following offices: United States House of Representatives and United States Senate.

(B) A person who would violate the provisions of this section if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto."

SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that a person may not serve more than a total of thirty years in any combination of the following offices: United States House of Representatives and United States Senate, and to provide that a person who would violate the above provisions if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto.

Yes []

No []

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

Renumber sections to conform.

Amend totals and title to conform.

POINT OF ORDER

Rep. HUFF raised the Point of Order that Amendment No. 9 was out of order as it was not germane.

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


Printed Page 493 . . . . . Tuesday, January 24, 1995

Rep. HODGES proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\BBM\9803SD.95), which was ruled out of order.

Amend the resolution, as and if amended, by adding new SECTIONS to be appropriately numbered to read:

/SECTION . Article VI of the Constitution of South Carolina, 1895, is amended by adding:

"Section 12. (A) A person may not serve more than a total of forty years in any combination of the following offices: United States House of Representatives and United States Senate.

(B) A person who would violate the provisions of this section if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto."

SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that a person may not serve more than a total of forty years in any combination of the following offices: United States House of Representatives and United States Senate, and to provide that a person who would violate the above provisions if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto.

Yes []

No []

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

Renumber sections to conform.

Amend totals and title to conform.

POINT OF ORDER

Rep. HUFF raised the Point of Order that Amendment No. 10 was out of order as it was not germane.

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


Printed Page 494 . . . . . Tuesday, January 24, 1995

Rep. HODGES proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\BBM\9795SD.95), which was tabled.

Amend the resolution, as and if amended, by adding new SECTIONS to be appropriately numbered to read:

/SECTION . Article VI of the Constitution of South Carolina, 1895, is amended by adding:

"Section 11. (A) A person may not serve more than a total of twenty years in any combination of the following offices: State House of Representatives, State Senate, Governor, Lieutenant Governor, or other state constitutional office.

(B) A person who would violate the provisions of this section if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto."

SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that a person may not serve more than a total of twenty years in any combination of the following offices: State House of Representatives, State Senate, Governor, Lieutenant Governor, or other state constitutional office, and to provide that a person who would violate the above provisions if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto.

Yes []

No []

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

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

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


Printed Page 495 . . . . . Tuesday, January 24, 1995

Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Yeas 69; Nays 50

Those who voted in the affirmative are:

Allison          Brown, H.        Cain
Cato             Chamblee         Cooper
Cotty            Cromer           Dantzler
Davenport        Easterday        Elliott
Fair             Felder           Fleming
Fulmer           Gamble           Hallman
Harrell          Harrison         Harvin
Herdklotz        Huff             Hutson
Jaskwhich        Keegan           Kelley
Kinon            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McKay
Meacham          Quinn            Rhoad
Rice             Richardson       Riser
Robinson         Sandifer         Seithel
Sharpe           Shissias         Simrill
Smith, D.        Smith, R.        Stuart
Thomas           Tripp            Trotter
Vaughn           Waldrop          Walker
Wells            Whatley          Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Total--69

Those who voted in the negative are:

Anderson         Baxley           Boan
Breeland         Brown, G.        Brown, J.
Brown, T.        Byrd             Canty
Carnell          Cave             Clyburn
Cobb-Hunter      Delleney         Govan
Harris, J.       Harris, P.       Harwell
Hines            Hodges           Howard
Inabinett        Jennings         Kennedy
Keyserling       Kirsh            Lloyd


Printed Page 496 . . . . . Tuesday, January 24, 1995

Martin           McAbee           McCraw
McElveen         McMahand         McTeer
Moody-Lawrence   Neal             Phillips
Rogers           Scott            Sheheen
Spearman         Stille           Stoddard
Townsend         Tucker           Whipper, L.
Whipper, S.      White            Wilder
Wilkes           Williams

Total--50

So, the amendment was tabled.

Rep. HODGES proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\BBM\9796SD.95), which was tabled.

Amend the resolution, as and if amended, by adding new SECTIONS to be appropriately numbered to read:

/SECTION . Article VI of the Constitution of South Carolina, 1895, is amended by adding:

"Section 11. (A) A person may not serve more than a total of thirty years in any combination of the following offices: State House of Representatives, State Senate, Governor, Lieutenant Governor, or other state constitutional office.

(B) A person who would violate the provisions of this section if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto."

SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that a person may not serve more than a total of thirty years in any combination of the following offices: State House of Representatives, State Senate, Governor, Lieutenant Governor, or other state constitutional office, and to provide that a person who would violate the above provisions if he were to serve a full term in any such office is ineligible to be elected to that office and may not appear on the ballot for election thereto.

Yes []

No []


Printed Page 497 . . . . . Tuesday, January 24, 1995

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

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

Rep. HUFF moved to table the amendment.

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

Yeas 63; Nays 47

Those who voted in the affirmative are:

Brown, H.        Cain             Cato
Chamblee         Cooper           Cotty
Cromer           Dantzler         Davenport
Easterday        Elliott          Fair
Felder           Fleming          Fulmer
Gamble           Hallman          Harrell
Harrison         Herdklotz        Huff
Hutson           Jaskwhich        Keegan
Kelley           Kinon            Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Littlejohn
Marchbanks       Martin           Mason
McKay            Meacham          Quinn
Rice             Riser            Robinson
Sandifer         Seithel          Sharpe
Shissias         Simrill          Smith, D.
Smith, R.        Thomas           Tripp
Trotter          Vaughn           Waldrop
Walker           Wells            Whatley
Wilkins          Witherspoon      Wofford
Wright           Young, A.        Young, J.

Total--63



Printed Page 498 . . . . . Tuesday, January 24, 1995

Those who voted in the negative are:
Anderson         Askins           Baxley
Breeland         Brown, G.        Brown, J.
Brown, T.        Byrd             Carnell
Cave             Clyburn          Cobb-Hunter
Delleney         Govan            Harris, J.
Harris, P.       Harvin           Hines
Hodges           Howard           Inabinett
Jennings         Kennedy          Keyserling
Kirsh            Lloyd            McCraw
McMahand         McTeer           Moody-Lawrence
Neal             Phillips         Rogers
Scott            Sheheen          Spearman
Stille           Stoddard         Townsend
Tucker           Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Williams         Worley

Total--47

So, the amendment was tabled.

Rep. BAXLEY proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\GJK\21286SD.95), which was tabled.

Amend the resolution, as and if amended, by striking /and this limitation on the number of terms which may be served applies whether or not the terms served in this office are consecutive or nonconsecutive/ as contained in SECTION 1, beginning on line 11 of page 2; as contained in SECTION 3, beginning on line 8 of page 3; and as contained in SECTION 5, beginning on line 9 of page 4.

Amend the resolution further, as and if amended, by adding new SECTIONS to be appropriately numbered to read:

/SECTION . Article VI of the Constitution of South Carolina, 1895, is amended by adding:

"Section 10. The limitation on the number of terms members of the House of Representatives may serve under Article III, Section 2, members of the Senate may serve under Article III, Section 6, and state constitutional officers may serve under Article VI, Section 7, is a limitation only on the number of consecutive terms which may be served."

SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots


Printed Page 499 . . . . . Tuesday, January 24, 1995

must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI of the Constitution of this State relating to public officers be amended so as to provide that the limitation on the number of terms members of the House of Representatives may serve under Article III, Section 2, members of the Senate may serve under Article III, Section 6, and state constitutional officers may serve under Article VI, Section 7, is a limitation only on the number of consecutive terms which may be served?
Yes []

No []

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

Renumber sections to conform.

Amend title to conform.

Rep. BAXLEY explained the amendment.

Rep. HARRISON moved to table the amendment.

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

Yeas 63; Nays 49

Those who voted in the affirmative are:

Allison          Brown, H.        Cain
Cato             Chamblee         Cotty
Dantzler         Davenport        Easterday
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Hallman          Harrell          Harrison
Harvin           Herdklotz        Huff
Hutson           Keegan           Kelley
Kinon            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McKay
Meacham          Quinn            Rhoad
Rice             Riser            Robinson
Sandifer         Seithel          Sharpe
Shissias         Simrill          Smith, D.
Stuart           Thomas           Tripp
Trotter          Vaughn           Walker
Wells            Whatley          Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Total--63


| Printed Page 480, Jan. 24 | Printed Page 500, Jan. 24 |

Page Finder Index