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 800, Feb. 8 | Printed Page 820, Feb. 8 |

Printed Page 810 . . . . . Wednesday, February 8, 1995

SPEAKER IN CHAIR

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:

Yeas 22; Nays 77

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


Printed Page 811 . . . . . Wednesday, February 8, 1995

Trotter          Vaughn           Wofford
Young, A.

Total--22

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.

Total--77

So, the House refused to table the amendment.

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


Printed Page 812 . . . . . Wednesday, February 8, 1995

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

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

Yeas 68; Nays 36

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.

Total--68

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


Printed Page 813 . . . . . Wednesday, February 8, 1995

Knotts           Lloyd            McAbee
McElveen         Moody-Lawrence   Neal
Neilson          Rhoad            Riser
Sheheen          Thomas           Whipper, L.
Whipper, S.      White            Wilder

Total--36

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

RECORD FOR JOURNAL

I wish to be recorded as voting against the Bill.

Rep. JOHN L. SCOTT, JR.

Rep. FAIR moved that the House do now adjourn.

POINT OF ORDER

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.

H. 3083--ORDERED TO THIRD READING

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


Printed Page 814 . . . . . Wednesday, February 8, 1995

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?

Yes []

No []

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

SECTION 3. 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


Printed Page 815 . . . . . Wednesday, February 8, 1995

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?
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'."

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


Printed Page 816 . . . . . Wednesday, February 8, 1995

the date the sentence, including probation and parole time, has been 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'."

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?

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
Printed Page 817 . . . . . Wednesday, February 8, 1995

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?

Yes []

No []

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

SECTION 3. It is proposed that Article VI, Section 1 of the Constitution of South Carolina, 1895, is amended to read:


Printed Page 818 . . . . . Wednesday, February 8, 1995

"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?

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. 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.


Printed Page 819 . . . . . Wednesday, February 8, 1995

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Yeas 27; Nays 69

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

Total--27

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


Printed Page 820 . . . . . Wednesday, February 8, 1995

Wilkins          Witherspoon      Wofford
Wright           Young, A.        Young, J.

Total--69

So, the House refused to adjourn.


| Printed Page 800, Feb. 8 | Printed Page 820, Feb. 8 |

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