"Must Article XVII of the Constitution of this State be amended by adding Section 16 so as to prohibit the State of South Carolina or any of its political subdivisions from using race, sex, color, ethnicity, or national origin as a criterion for either discriminating against or for any individual or group in the operation of the state's system of public employment, public education, or public contracting?
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'."
Debate was resumed on Amendment No. 2 by Rep. L. WHIPPER.
Rep. L. WHIPPER continued speaking.
The amendment was then adopted.
The question then recurred to the passage of the Joint Resolution, as amended, on second reading.
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 Askins Brown, H. Brown, J. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Felder Fleming Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hodges Hutson Inabinett Jaskwhich Keegan
Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McCraw McKay Meacham 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 Wells Whatley Whipper, L. Wilder Wilkins Witherspoon Wofford Wright Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Hines, J. Hines, M. Howard Kennedy Lee Lloyd McMahand Moody-Lawrence Neal Scott Whipper, S. White Williams
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up.
S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3617DW.96).
Amend the bill, as and if amended, Section 7-5-10, SECTION 1, page 2, by striking beginning on line 3 /a reasonable period of time after their appointment/ and inserting:
/eighteen months after their appointment or reappointment/.
When amended the section reads:
/"Section 7-5-10. Between the first day of January and the fifteenth day of March in every even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the board of registration of __________ County. The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.
Amend further, Section 7-5-35, SECTION 2, page 2, by striking beginning on line 17 /a reasonable period of time after their appointment/ and inserting:
/eighteen months after their appointment or reappointment/.
When amended the section reads:
/"Section 7-5-35. If a county operates its elections through an election and registration commission composed of seven members, the structure and composition are not affected or changed by the provisions of this act. However, the provisions for inclusion of majority and minority party representatives upon the commission and upon the expanded commission as constituted for primary elections and protests must be applied to the seven-member commission, mutatis mutandis.
Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."/
Amend further, Section 7-13-70, SECTION 3, page 4, by striking beginning on line 7 /a reasonable period of time after their appointment/ and inserting:
/eighteen months after their appointment or reappointment/.
When amended the section reads:
"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall must appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor shall must notify the State Election Commission in writing of the appointments. The State Election Commission shall must verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five
It The oath must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers,
Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."/
Amend title to conform.
Rep. CROMER explained the amendment and moved to adjourn debate upon the Bill until Thursday, March 28, which was adopted.
The following Joint Resolution was taken up.
H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SHARPE explained the Joint Resolution.
Rep. SHARPE moved to adjourn debate upon the Joint Resolution until Thursday, March 28, which was adopted.
Rep. LIMBAUGH moved to reconsider the vote whereby the following Joint Resolution, as amended, was given a second reading.
H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser,
Rep. LIMBAUGH spoke in favor of the motion to reconsider.
Rep. J. BROWN moved to table the motion to reconsider.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Harvin Hines, J. Hines, M. Howard Inabinett Kennedy Lee Lloyd McMahand McTeer Moody-Lawrence Neal Scott Whipper, L. Whipper, S. White
Those who voted in the negative are:
Allison Askins Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Felder Fleming Fulmer Gamble Hallman Harrell Harris, J.
Harrison Haskins Herdklotz Hutson Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McCraw McKay Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young-Brickell
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Felder Fleming Gamble Harrell Harris, J. Harrison Haskins Herdklotz Hutson Keegan Kelley Kinon Kirsh
Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McCraw McKay Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Harvin Hines, J. Hines, M. Howard Inabinett Kennedy Lee Lloyd McElveen McMahand McTeer Moody-Lawrence Neal Scott Whipper, L. Whipper, S. White
So, the motion to reconsider was agreed to.
Reps. SCOTT, KENNEDY, GOVAN, NEAL, CANTY, LLOYD, WHITE, COBB-HUNTER, J. BROWN, MOODY-LAWRENCE, CAVE, HOWARD, CLYBURN, J. HINES, LEE, ANDERSON and McMAHAND objected to the Joint Resolution.
The following Joint Resolution was taken up.
H. 3021 -- Reps. Scott, Kelley and Lloyd: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Rep. TRIPP moved to continue the Joint Resolution.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Brown, H. Brown, T. Cain Canty Carnell Cato Cooper Davenport Delleney Easterday Harris, J. Haskins Herdklotz Hines, M. Jaskwhich Kirsh Klauber Koon Limbaugh Littlejohn Loftis Marchbanks McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Rice Robinson Sandifer Sharpe Simrill Stille Tripp Trotter Vaughn Waldrop Walker Wells Whipper, L. Wilkins Witherspoon
Those who voted in the negative are:
Askins Baxley Breeland Brown, G. Brown, J. Byrd Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Elliott Felder
Fulmer Gamble Govan Hallman Harrell Harrison Harvin Hines, J. Howard Hutson Inabinett Keegan Kelley Kennedy Keyserling Kinon Knotts Lanford Law Lee Limehouse Lloyd Martin Mason Neilson Phillips Quinn Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Tucker Whatley Whipper, S. White Wilder Williams Wofford Worley Wright Young-Brickell
So, the House refused to continue the Joint Resolution.