Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Gracious God and Father, Whose love surrounds us and Whose strength sustains us, enable us to see today as the tomorrow that we worried about yesterday, and to realize now how foolish our anxiety was. Teach us to trust You more completely. Keep us diligent in the tasks at hand, knowing that small deeds done are greater than big deeds planned. Make us to know that we cannot do everything, but keep us faithful in doing good for our fellow beings. Keep us steadfast in fair play, honest in dealings and in a greater faith in God.
And since we confidently believe that You understand the needs of each of us better than we ourselves understand, we pray that You bless us, according to Your impeccable wisdom, in satisfying individual needs of us all, including the needs of our friend and colleague, Jean Laney Harris, and the needs of her family.
In faith and thanksgiving, good Lord, we make our prayer. 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.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3288 (Word version) -- Reps. Simrill, Kirsh, Meacham, Hodges, Boan, McCraw and Delleney: A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT REGULATION OF THESE MACHINES, INCLUDING THEIR PROHIBITION, PURSUANT TO THE VIDEO GAMES MACHINES ACT AND ITS COUNTY OPTION PROVISIONS; TO AMEND SECTION 12-21-2791, RELATING TO LIMITATIONS ON PAYOUTS ON MACHINES AS DEFINED UNDER THE VIDEO GAMES MACHINES ACT, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS AND CLARIFY THAT THIS PROVISION IS DIRECTED AT A PERSON; TO AMEND SECTION 12-21-2804, RELATING TO REGULATION OF VIDEO MACHINES, SO AS TO PROVIDE CIVIL PENALTIES FOR MACHINES LOCATED IN COUNTIES WHERE PAYOUTS ARE PROHIBITED, INCLUDING MONETARY PENALTIES, LICENSE REVOCATION, AND SEIZURE OF MACHINES, PROVIDE FOR THESE PENALTIES TO APPLY IMMEDIATELY AND PROVIDE THE SOLE REMEDY FOR THESE PENALTIES; TO AMEND SECTION 12-21-2808, RELATING TO REFERENDUMS ALLOWED IN COUNTIES ON CONTINUING OR PROHIBITING CASH PAYOUTS, SO AS TO DELETE REFERENCES TO GAMBLING PROVISIONS, DELETE OBSOLETE PROVISIONS, AND MAKE OTHER TECHNICAL REVISIONS; TO AMEND SECTION 12-21-2809, RELATING TO THE PROHIBITIONS ON LICENSING AND LOCATING MACHINES IN NONPAYOUT COUNTIES, SO AS TO DELETE CRIMINAL PENALTIES FOR VIOLATIONS AND SUBJECT VIOLATORS TO THE CIVIL PENALTIES PROVIDED BY THIS ACT AND TO PROVIDE THAT THE PENALTY EXTENDS TO OWNING OR POSSESSING THESE MACHINES; TO PROVIDE THAT COUNTIES IN WHICH A MAJORITY "NO" VOTE WAS CERTIFIED IN THE REFERENDUM PROVIDED PURSUANT TO SECTION 12-21-2806 ARE DEEMED TO HAVE MADE THAT CHOICE PURSUANT TO SECTION 12-21-2808, AS AMENDED BY THIS ACT, WITH AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO ISSUE PRORATED REFUNDS FOR MACHINES LICENSED IN SUCH COUNTIES; AND TO REPEAL SECTION 12-21-2806, RELATING TO THE INITIAL REFERENDUM ON CONTINUING CASH PAYOUTS.
Referred to Committee on Ways and Means.
H. 3289 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-35 SO AS TO PROVIDE THAT IF A STATE AGENCY OR DEPARTMENT OR STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING DEVELOPS A PRODUCT OR SERVICE, IT MAY SELL THE PRODUCT OR SERVICE ONLY TO PUBLIC SECTOR RECIPIENTS BUT IN DOING SO SHALL NOT DUPLICATE OR HARM EXISTING PRIVATE SECTOR ENTERPRISE EXCEPT UNDER CERTAIN CONDITIONS, INCLUDING SPECIFIC ACTION OF THE BUDGET AND CONTROL BOARD.
Referred to Committee on Ways and Means.
H. 3290 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-91 SO AS TO MAKE IT UNLAWFUL TO HUNT, FISH, OR OPERATE A BOAT WHILE PRIVILEGES FOR THIS ACTIVITY HAVE BEEN SUSPENDED AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-9-510, RELATING TO HUNTING AND FISHING LICENSES, SO AS TO INCREASE THE FEES FOR CERTAIN LICENSES, TO PROVIDE A PERSON WHO IS SIXTY-FIVE YEARS OF AGE WHO IS LICENSED TO HUNT AND FISH ON JULY 1, 1997, PURSUANT TO CERTAIN LICENSES SHALL CONTINUE TO EXERCISE THOSE PRIVILEGES AFTER JULY 1, 1997, TO PROVIDE A PERSON WHO IS CERTIFIED AS DISABLED AND LICENSED TO HUNT OR FISH PRIOR TO JULY 1, 1997, WILL CONTINUE TO BE QUALIFIED AS A DISABILITY LICENSEE UPON RECERTIFICATION, AND TO PROVIDE THAT A RESIDENT WHO IS SEVENTY-THREE YEARS OF AGE OR OLDER MAY OBTAIN A STATEWIDE LIFETIME HUNTING AND FISHING LICENSE AT NO COST; TO AMEND SECTION 50-9-540, AS AMENDED, RELATING TO THE PURCHASE OF A STATEWIDE FISHING LICENSE, SO AS TO ALLOW A PERSON TO PURCHASE A LICENSE FOR THREE DOLLARS TO FISH THROUGHOUT SOUTH CAROLINA IN STREAMS, LAKES, RIVERS, AND RESERVOIRS WITH NONMANUFACTURED TACKLE AND NATURAL BAIT ONLY, TO PROVIDE A PERSON WHO IS AT LEAST SIXTY-FIVE YEARS OLD MAY PURCHASE A LIFETIME STATEWIDE STREAMS, LAKES, RIVERS, AND RESERVOIRS FISHING LICENSE FOR THREE DOLLARS, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-9-550, AS AMENDED, RELATING TO AREAS IN THIS STATE WHERE IT IS UNLAWFUL TO FISH WITH NATURAL BAIT WITHOUT OBTAINING A SPECIAL FRESHWATER PERMIT, SO AS TO PROVIDE FOR THE RECOGNITION OF CERTAIN RECIPROCAL FISHING AGREEMENTS WITH THE STATE OF GEORGIA; TO AMEND SECTION 50-9-710, AS AMENDED, RELATING TO CHILDREN UNDER SIXTEEN YEARS OF AGE NOT REQUIRED TO PROCURE OR POSSESS A HUNTING AND FISHING LICENSE UNDER CERTAIN CONDITIONS, SO AS TO PROVIDE THAT A FISHING LICENSE IS NOT REQUIRED TO USE NONMANUFACTURED TACKLE OR NATURAL BAIT IN SPECIFIED FRESH WATERS OF THIS STATE, AND TO ADD SECTION 50-11-2205 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT, FISH, OR USE ANY WILDLIFE MANAGEMENT AREA LAND OR SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES' PROPERTY EXCEPT AS ALLOWED BY THE BOARD OF NATURAL RESOURCES AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3291 (Word version) -- Reps. Kelley, Witherspoon, Simrill, Young-Brickell, Edge, Keegan, Riser, Davenport, Lanford, Knotts, Robinson, Sandifer, McCraw, Law, Askins, Rice, Miller, Wilkins, Limbaugh and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-386 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO DISSEMINATE OR DISPLAY INDECENT MATERIAL TO MINORS AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 16-15-345 AND 16-15-355, RELATING TO THE ILLEGAL DISTRIBUTION OF OBSCENE MATERIAL TO MINORS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-15-375, AS AMENDED, RELATING TO DEFINITIONS REGARDING SEXUAL EXPLOITATION OF MINORS, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO THE PROVISIONS CONTAINED IN SECTION 16-15-386 CONCERNING DISPLAYING INDECENT MATERIAL TO MINORS, AND TO PROVIDE A DEFINITION FOR "INDECENT MATERIAL TO MINORS"; TO AMEND SECTION 44-53-391, RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, POSSESSION, SALE OR DELIVERY OF PARAPHERNALIA, SO AS TO REVISE THE PENALTIES; AND TO PROVIDE A SEVERABILITY CLAUSE.
Referred to Committee on Judiciary.
H. 3292 (Word version) -- Reps. Klauber and Parks: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY BY ORDINANCE TO REQUIRE LOTS OR PROPERTY TO BE KEPT IN A CONDITION WHICH DOES NOT CONSTITUTE A PUBLIC NUISANCE, SO AS TO PROVIDE THAT THIS AUTHORITY INCLUDES THE RIGHT TO REQUIRE THE DEMOLITION OF CERTAIN SUBSTANDARD HOUSING.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3293 (Word version) -- Reps. Seithel, Allison, Altman, H. Brown, Cato, Cromer, Edge, Harrell, Harrison, Haskins, Hinson, Hodges, Klauber, Limehouse, Loftis, Meacham, Mullen, Leach, Quinn, Robinson, Tripp, Whatley, Wilkins and D. Smith: A BILL TO AMEND SECTIONS 16-3-510 AND 16-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF HAZING, SO AS TO REDEFINE THE APPLICATION OF THIS OFFENSE, AND TO MODIFY AND REVISE THE PENALTIES; AND TO REPEAL SECTION 59-101-200 RELATING TO HAZING AT STATE-SUPPORTED UNIVERSITIES, COLLEGES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, January 23.
Curtis B. Inabinett Kenneth Kennedy George H. Bailey Alma W. Byrd E. DeWitt McCraw Olin R. Phillips
The SPEAKER granted Rep. HODGES a leave of absence for the day due to a long planned business trip to Seattle, which he was unable to postpone.
Announcement was made that Dr. Gerald A. Wilson of Columbia is the Doctor of the Day for the General Assembly.
The following was introduced:
H. 3294 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3278, RELATING TO A STATEWIDE BINDING REFERENDUM ON THE CONFEDERATE BATTLE FLAG, FOR SECOND READING OR OTHER CONSIDERATION ON THURSDAY, JANUARY 23, 1997, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.3278 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.3278 is set by special order for second reading or other consideration on Thursday, January 23, 1997, immediately following the call of the uncontested calendar and continuing each legislative day immediately following the call of the uncontested calendar until H.3278 is given third reading or it is otherwise disposed of.
Rep. D. SMITH explained the House Resolution.
Reps. SCOTT and BAXLEY spoke against the House Resolution.
The question then recurred to the adoption of the Resolution.
Rep. D. SMITH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Bauer Beck Boan Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McKay McMaster Meacham Mullen Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Battle Baxley Breeland Brown, G. Brown, J. Brown, T. Cave Clyburn Cobb-Hunter Gourdine Govan Harvin Hines, J. Hines, M. Howard Inabinett Jennings Jordan Kennedy Kinon Lee Lloyd Mack Maddox McLeod McMahand Miller Moody-Lawrence Neal Neilson Parks Pinckney Scott Sheheen Smith, F. Smith, J. Wilder Wilkes
So, the Resolution was adopted.
Rep. GOVAN moved to adjourn debate upon the following Bill until Tuesday, January 28, which was adopted.
H. 3277 (Word version) -- Reps. Stuart, Felder and Govan: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE CONSOLIDATION OF ORANGEBURG COUNTY SCHOOL DISTRICTS, SO AS TO PROHIBIT THE ISSUING OF GENERAL OBLIGATION BONDS AND THE CONDUCTING OF ANY REFERENDUM NECESSARY TO ISSUE BONDS BY ANY SCHOOL DISTRICT IN ORANGEBURG COUNTY BEFORE JULY 1, 1997.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 27 (Word version) -- Senator Short: A BILL TO REPEAL ACT 504 OF 1996, PROVIDING FOR THE NONPARTISAN ELECTION OF SCHOOL BOARD TRUSTEES IN CHESTER COUNTY.
H. 3042 (Word version) -- Reps. Wilkins, Fleming, Haskins, Harrell, Young, Limbaugh, Woodrum, Vaughn, Stille, Young-Brickell, Witherspoon, Simrill, Stuart, Cotty, Bailey, Walker, Altman, Whatley, Kirsh, Inabinett, Meacham, J. Brown, Sharpe, Cato, Campsen, Robinson, Kelley, Wilder, Rodgers, Harrison, Beck, Chellis, Barfield and Townsend: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.
Rep. LIMBAUGH explained the Bill.
On motion of Rep. DELLENEY, with unanimous consent, it was ordered that S. 27 (Word version) be read the third time tomorrow.
On motion of Rep. LIMBAUGH, with unanimous consent, it was ordered that H. 3042 (Word version) be read the third time tomorrow.
The following Bill was taken up.
H. 3038 (Word version) -- Reps. Vaughn, Haskins, Kirsh and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 26-1-25, SO AS TO PROVIDE ADDITIONAL METHODS FOR THE LEGISLATIVE DELEGATION MEMBERS ENDORSEMENTS REQUIRED FOR APPLICATIONS FOR NOTARY PUBLIC COMMISSIONS CONSISTING OF THE SIGNATURES OF THE CHAIRMAN AND SECRETARY OF A COUNTY LEGISLATIVE DELEGATION AND THE DELEGATION CHAIRMAN AND ADMINISTRATIVE ASSISTANT TO THE DELEGATION AND TO PROVIDE FOR NOTIFICATION TO THE SECRETARY OF STATE OF A DELEGATION'S USE OF THESE ADDITIONAL METHODS.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3041 (Word version) -- Reps. Wilkins, Fleming, Wilder, Haskins, Harrison, Harrell, Lloyd, Limbaugh, Mason, Vaughn, Young-Brickell, Cotty, Simrill, Stuart, Bailey, Walker, Altman, Whatley, Meacham, Robinson, Kelley, Chellis, Barfield, Townsend, J. Brown, Sandifer, Sharpe, Rodgers, H. Brown, Cato, Leach, Campsen, Beck, Davenport, Allison, Law, Barrett, D. Smith, Felder, Rice, Woodrum, Knotts, Bauer, Seithel, Riser, Limehouse, Klauber and Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 9, Article III of the Constitution of this State be amended to read:
" Section 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place. Provided, That the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution. The annual session of the General Assembly shall convene at the State Capitol in the city of Columbia on the second Tuesday of January in even-numbered years and on the second Tuesday in February in odd-numbered years. The Senate and the House of Representatives shall meet on the first Tuesday following the certification of the election of their respective members for not more than three days following the general election in even-numbered years for the purpose of organizing and elections. Officers of the General Assembly, including the Speaker of the House and the President Pro Tempore of the Senate, and committee chairmen must be elected during the organizational session. During odd-numbered years, the presiding officers of the House and Senate shall convene on the second Tuesday in January for not more than two days for the limited purpose of accepting any bills or resolutions introduced by any member and referring any bills or resolutions to the appropriate committee which may then consider them at such times as the committee meets. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session."
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:
"Shall Section 9, Article III of the Constitution of this State be amended so as to provide for annual sessions of the General Assembly commencing at varying times in even-numbered years and odd-numbered years and for an organizational session for the Senate in certain years, delete obsolete language, provide for election of officers of the General Assembly, provide for certain meetings for the introduction and referral to committee of legislation, and provide for certain committee meetings?
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'."
Rep. LIMBAUGH explained 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 Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Howard
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
On motion of Rep. LIMBAUGH, with unanimous consent, it was ordered that H. 3041 (Word version) be read the third time tomorrow.
The following Bill was taken up. H. 3063 (Word version) -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Carnell, Cato, Harrison, Meacham, Quinn, Sharpe, D. Smith, Townsend, Vaughn, Stille, Cotty, Witherspoon, Seithel, Bailey, Walker, Altman, Whatley, Kirsh, Young-Brickell, Sandifer, Wilkes, Simrill, Robinson, Stuart, Harrell, Riser, Gamble, Littlejohn and J. Smith: A BILL RATIFYING AN AMENDMENT TO SECTION 15, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS FOR JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THESE OFFICES, TO INCREASE FROM FIVE TO EIGHT THE NUMBER OF YEARS WHICH A PERSON MUST HAVE BEEN A LICENSED ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR ELECTION TO THESE OFFICES, AND TO PROVIDE THAT ANY JUSTICE OR JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A JUSTICE OR JUDGE TO BE THIRTY-TWO YEARS OF AGE AND TO HAVE EIGHT YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT AGE OR WHO HAS NOT BEEN LICENSED FOR THIS REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE FOR THE REMAINDER OF HIS THEN CURRENT TERM AND IS CONSIDERED TO HAVE THE REQUISITE AGE AND YEARS OF SERVICE AS A LICENSED ATTORNEY FOR PURPOSES OF FUTURE RE-ELECTIONS TO THAT JUDICIAL OFFICE; AND RATIFYING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION COMMISSION TO CONSIDER THE QUALIFICATIONS AND FITNESS OF CANDIDATES FOR JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS UNLESS HE OR SHE HAS BEEN FOUND QUALIFIED BY THE COMMISSION AND THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUSTICES AND JUDGES FROM AMONG THE NOMINEES OF THE COMMISSION, TO PROVIDE THAT BEFORE A SITTING MEMBER OF THE GENERAL ASSEMBLY MAY SUBMIT AN APPLICATION WITH THE COMMISSION AND BEFORE IT MAY ACCEPT OR CONSIDER IT, THE MEMBER OF THE GENERAL ASSEMBLY MUST FIRST RESIGN HIS OFFICE AND HAVE BEEN OUT OF OFFICE FOR A PERIOD ESTABLISHED BY LAW, AND TO PROVIDE THAT BEFORE A MEMBER OF THE COMMISSION MAY SUBMIT AN APPLICATION AND BEFORE THE COMMISSION MAY ACCEPT OR CONSIDER IT, THAT PERSON MUST NOT HAVE BEEN A MEMBER OF THE COMMISSION FOR A PERIOD ESTABLISHED BY LAW.
Rep. BAXLEY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up. H. 3278 (Word version) -- Reps. Cato, Wilkins, Haskins, Harrison, H. Brown, D. Smith, Sharpe, Townsend, Harrell, Boan, Allison, Altman, Bailey, Barrett, Bauer, Beck, Chellis, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Gamble, Hamilton, Hawkins, Hinson, Keegan, Kelley, Klauber, Knotts, Koon, Lanford, Law, Leach, Limbaugh, Limehouse, Littlejohn, Loftis, Martin, Mason, McCraw, McKay, McMaster, Meacham, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Sandifer, Seithel, Simrill, R. Smith, Spearman, Stille, Stoddard, Stuart, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Witherspoon, Woodrum, Young-Brickell, Kirsh, Young, Felder and Carnell: A BILL TO PROVIDE FOR A BINDING STATEWIDE REFERENDUM ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF 1997 TO ASCERTAIN THE WISHES OF THE QUALIFIED ELECTORS OF THIS STATE AS TO WHETHER OR NOT THE CONFEDERATE BATTLE FLAG SHOULD BE FLOWN ABOVE THE STATE HOUSE, TO PROVIDE THAT UNTIL THE RESULTS OF THE 1997 BINDING REFERENDUM ARE CERTIFIED, THE CONFEDERATE BATTLE FLAG SHALL CONTINUE TO BE FLOWN ABOVE THE STATE HOUSE, TO PROVIDE THAT NO MONUMENT, MARKER, FLAG, OR MEMORIAL ON PUBLIC PROPERTY OF THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS HONORING THE CONFEDERACY, THE CIVIL RIGHTS STRUGGLE, OR INDIVIDUALS WHO PARTICIPATED THEREIN MAY BE REMOVED OR RENAMED WITHOUT A TWO-THIRDS VOTE OF EACH HOUSE OF THE GENERAL ASSEMBLY OR WITHOUT A TWO-THIRDS VOTE OF THE LOCAL BODY OR ENTITY HAVING JURISDICTION OVER THE MONUMENT, MARKER, FLAG, OR MEMORIAL, AND TO PROVIDE THAT THE TWO-THIRDS VOTE REQUIREMENT ABOVE ALSO APPLIES TO FLYING THE CONFEDERATE BATTLE FLAG ABOVE THE STATE HOUSE IF THE RESULTS OF THE 1997 BINDING REFERENDUM ARE IN FAVOR OF FLYING THE FLAG.
Rep. HARRISON explained the Bill.
Rep. SCOTT spoke against the Bill.
Reps. CATO and WILKINS proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\23244SD.97), which was adopted.
Amend the bill, as and if amended, in Section 1, by striking /, also known as the Battle Flag of the Army of Northern Virginia,/ which begins on line 42, page 1.
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Rep. CROMER proposed the following Amendment No. 2 (Doc Name P:\AMEND\PSD\7002AC.97), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. To honor and recognize the history and heritage of this State and the many contributions of its diverse citizenry, it is necessary and appropriate to codify the placement of certain symbols on the Capitol Complex and within the State House which salute the contributions and sacrifices to our constitutional history. Upon the effective date of this Act, and continuously thereafter, the Confederate Flag atop the State House must be relocated as provided in this section.
The South Carolina infantry battle flag of the Confederate States of America (the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army)) must be displayed at the Confederate Soldier's Monument on the State House grounds. This flag is square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field; with the whole banner bordered in white. The total outside measurement of the flag is to be fifty-two inches square, inclusive of the white border. The blue arms of the cross are seven and one-half inches wide and the white border around the flag proper is one and one-half inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size. This flag may be larger than described above as may be aesthetically necessary.
The first national flag of the Confederacy (Stars and Bars) must be displayed at the Women's Monument to the Confederacy on the State House grounds and shall measure approximately three feet by five feet or larger as aesthetically required.
The division of General services of the budget and control board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear. The respective flags may be removed only during times of renovation and repair of the State House and the flags must be returned upon completion of any such work.
Section 2. Notwithstanding any other provision of law, no monument, marker, flag, or memorial located on public property of this state or any of its political subdivisions or located on any public street, highway, or park honoring the memory of the Confederacy, individuals who served in
the confederate armed forces, or the women of the confederacy, or honoring the civil rights struggle or individuals who participated in this struggle, may be removed or renamed without a two-thirds vote of each house of the General assembly or without a two-thirds vote of the local entity or body having jurisdiction over the monument, marker, flag, or memorial.
Section 3. This act takes effect upon approval by the governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CROMER explained the amendment.
Rep. CROMER spoke in favor of the amendment.
The SPEAKER granted Reps. McKAY and JENNINGS a leave of absence for the remainder of the day.
Rep. CROMER continued speaking.
Reps. KENNEDY and BAXLEY spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Bauer Beck Boan Brown, H. Carnell Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McMaster Meacham Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Battle Baxley Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Campsen Cave Clyburn Cobb-Hunter Cotty Cromer Gourdine Govan Harvin Hines, J. Hines, M. Howard Inabinett Jordan Kennedy Kinon Lee Lloyd Mack Maddox McLeod McMahand Miller Moody-Lawrence Mullen Neal Neilson Parks Pinckney Scott Sheheen Smith, F. Smith, J. Webb Wilder Wilkes
So, the amendment was tabled.
Rep. SCOTT proposed the following Amendment No. 3 (Doc Name P:\AMEND\PT\2859.97), which was tabled.
Amend the bill, as and if amended, by changing / 1997 / to / 1998 /wherever it appears in the bill.
Renumber sections to conform.
Amend totals and title to conform.
Rep. SCOTT explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Beck Boan Brown, G. Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McMaster Meacham Miller Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Baxley Bowers Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Gourdine Govan Harvin Hines, J. Hines, M. Howard Inabinett Jordan Kinon Lee Lloyd Mack Maddox McLeod McMahand Moody-Lawrence Neal Parks Pinckney Scott Smith, F. Smith, J. Whipper
So, the amendment was tabled.
Rep. WHIPPER proposed the following Amendment No. 4, which was tabled.
Amend the bill by striking all after enacting words and inserting:
SECTION 1. To honor and recognize the history and heritage of this State and the many contributions of its diverse citizenry, it is necessary and appropriate to codify the placement of certain symbols on the Capitol Complex and within the State House which salute the contributions and sacrifices to our constitutional history. Upon the effective date of this Act, and continuously thereafter, the Confederate Flag atop the State House must be relocated as provided in this section.
The South Carolina infantry battle flag of the Confederate States of America [the] Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army)] and all other flags of the Confederacy shall be displayed in the Confederate Museum on the State House grounds. Any flag may be sized as may be aesthetically necessary, but shall be historically consistent whenever possible.
The Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear. The respective flags may only be removed during times of renovation and/or repair of the
State House and the flags shall be returned upon completion of any such work.
SECTION 2. Notwithstanding any other provision of law, no monument, marker, flag, or memorial located on public property of this State or any of its political subdivisions or located on any public street, highway, or park honoring the memory of the Confederacy, individuals who served in the Confederate armed forces, or the Women of the Confederacy, or honoring the civil rights struggle or individuals who participated in this struggle, may be removed or renamed without a two-thirds vote of each house of the General Assembly or without a two-thirds vote of the local entity or body having jurisdiction over the monument, marker, flag, or memorial.
SECTION 3. This Act is effective upon approval of the Governor.
Rep. WHIPPER explained the amendment.
Rep. WHIPPER continued speaking.
Rep. WHIPPER spoke in favor of the amendment.
Reps. HOWARD and M. HINES spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Beck Boan Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Maddox Martin Mason McCraw McLeod McMaster Meacham Mullen Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Battle Baxley Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cotty Gourdine Govan Harvin Hines, J. Hines, M. Howard Inabinett Kennedy Kinon Lee Lloyd Mack McMahand Miller Moody-Lawrence Neal Parks Pinckney Scott Smith, F. Smith, J. Whipper
So, the amendment was tabled.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Baxley Bowers Breeland Cave Clyburn Gourdine Harvin Hines, J. Hines, M. Kennedy Lee Lloyd Mack Maddox McLeod McMahand Moody-Lawrence Neal Parks Pinckney Scott Whipper
Those who voted in the negative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Beck Boan Brown, G. Brown, H. Brown, T. Byrd Campsen Carnell Cato Chellis Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Govan Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McMaster Meacham Miller Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to adjourn.
The SPEAKER granted Rep. KENNEDY a leave of absence for the remainder of the day.
Reps. BAXLEY and McLEOD proposed the following Amendment No. 5, which was tabled.
Amend bill as follows:
Delete Section 5 in its entirety.
Rep. BAXLEY explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Bauer Beck Boan Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McMaster Meacham Mullen Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Battle Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Gourdine Govan Harvin Hines, J. Hines, M. Inabinett Jordan Lee Mack Maddox McLeod McMahand Miller Moody-Lawrence Neal Parks Pinckney Scott Sheheen Smith, F. Smith, J. Stille Webb Whipper Wilder Wilkes
So, the amendment was tabled.
Reps. COBB-HUNTER, CAVE and T. BROWN proposed the following Amendment No. 7 (Doc Name P:\AMEND\DKA\4003DW.97), which was ruled out of order.
To amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. It is proposed that Section 13, Article X of the Constitution of this State be amended to read:
"Section 13. (1) Subject to the conditions and limitations in this section, the State shall have has power to incur indebtedness in the following categories and in no others: (a) general obligation debt; and (b) indebtedness payable only from a revenue-producing project or from a special source as provided in subsection (9) hereof.
(2) 'General obligation debt' shall mean means any indebtedness of the State which shall be that is secured in whole or in part by a pledge of the full faith, credit, and taxing power of the State.
(3) General obligation debt may not be incurred except for a public purpose and all general obligation debt shall must mature not later than thirty years from the time such indebtedness shall be is incurred.
(4) In each act authorizing the incurring of general obligation debt the General Assembly shall allocate on an annual basis sufficient tax revenues to provide for the punctual payment of the principal of and interest on such general obligation debt. If at any time any payment due as the principal of or interest on any general obligation debt shall is not be paid as and when the same become due and payable, the State Comptroller General shall forthwith levy and the State Treasurer shall collect an ad valorem tax without limit as to rate or amount upon all taxable property in the State sufficient to meet the payment of the principal and interest of such general obligation debt then due.
(5) If general obligation debt be is authorized by (a) two-thirds of the members of each House of the General Assembly; or (b) by a majority vote of the qualified electors of the State voting in a referendum called by the General Assembly, there shall be are no conditions or restrictions limiting the incurring of such indebtedness except (I) those restrictions and limitations imposed in the authorization to incur such indebtedness, and (ii) the provisions of subsection (3) hereof.
(6) General obligation debt may be also incurred on such terms and conditions as the General Assembly may by law prescribe under the following limitations:
(a) General obligation bonds for highway purposes (highway bonds) may be issued if such bonds shall be are additionally secured by a pledge of the revenues derived from the 'sources of revenue' as such term is defined in this subsection; provided, that the maximum annual debt service on all highway bonds so additionally secured which shall thereafter be that are outstanding shall may not exceed fifteen percent of the proceeds received from the sources of revenue for the fiscal year next preceding.
For the purpose of this subsection, the term 'sources of revenue' shall mean so much of means the revenues as may be made applicable by the General Assembly for state highway purposes from any and all taxes or licenses imposed upon individuals or vehicles for the privilege of using the public highways of the State.
This subsection does not apply to bonds issued pursuant to subsection (6)(c).
(b) General obligation bonds for any state institution of higher learning designated by the General Assembly (state institution bonds) may be issued, if such bonds shall be are additionally secured by a pledge of the revenues derived from the tuition fees received by the particular institution of higher learning for which such state institution bonds are issued; provided, that the maximum annual debt service on all state institution bonds so additionally secured issued for such state institution thereafter to be outstanding shall may not exceed ninety percent of the sums received by such state institution of higher learning from tuition fees for the fiscal year next preceding.
(c) General obligation bonds that are additionally secured by a pledge of the revenues derived from the State Lottery, authorized in Section 7, Article XVII of this Constitution, may be issued for highway projects under terms and conditions that the General Assembly may prescribe by law. The maximum annual debt service on all outstanding lottery bonds so additionally secured may not exceed ninety percent of the net proceeds received from the lottery for the last fiscal year. These bonds are called 'lottery bonds.'
(c) (d) General obligation bonds for any public purpose including those purposes set forth in (a) and , (b), and (c) may be issued; provided, that the maximum annual debt service on all general obligation bonds of the State thereafter to be outstanding (excluding highway bonds, state institution bonds, tax anticipation notes, lottery bonds, and bond anticipation notes) must not exceed five percent of the general revenues of the State for the fiscal year next preceding (excluding revenues which that are authorized to be pledged for state highway bonds, lottery bonds, and state institution bonds).
Upon implementation of the provisions of this item by law, the percentage rate of general revenues may be reduced to four or increased to seven percent by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives.
During the regular session of the General Assembly in 1990 and during every fifth annual regular session thereafter, the General Assembly shall must conduct and complete a review of the law implementing this item. Unless during such session that review results in an amendment to or repeal of the law implementing this item, which must be accomplished by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives.
(7) General obligation indebtedness may be incurred in anticipation of state tax collections (tax anticipation notes) under such terms and conditions as the General Assembly may prescribe by law. Such tax anticipation notes shall must be secured by a pledge of such taxes and by a pledge of the full faith, credit, and taxing power of the State. All tax anticipation notes shall must be expressed to mature not later than ninety days from the end of the fiscal year in which such notes are issued.
(8) General obligation notes may be issued in anticipation of the proceeds of general obligation bonds which may be lawfully issued (bond anticipation notes) under terms and conditions which the General Assembly may prescribe by law. Such bond anticipation notes shall be are secured by a pledge of the proceeds of the bonds in anticipation of which such bond anticipation notes are issued and by a pledge of the full faith, credit, and taxing power of the State.
Bond anticipation notes shall must be expressed to mature not later than one year following the date of issuance, but if the General Assembly shall so authorize authorizes them by law, bond anticipation notes may be refunded or renewed.
(9) The General Assembly may authorize the State or any of its agencies, authorities, or institutions to incur indebtedness for any public purpose payable solely from a revenue-producing project or from a special source, which source does not involve revenues from any tax but may include fees paid for the use of any toll bridge, toll road, or tunnel. Such indebtedness may be incurred upon such terms and conditions as the General Assembly may prescribe by law. All indebtedness incurred pursuant to the provisions of this subsection shall must contain a statement on the face thereof specifying the sources from which payment is to be made."
SECTION __. The proposed amendment in SECTION 1 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 ballot:
"Shall Section 13, Article X of the Constitution of this State be amended so as to authorize the issuance of State Lottery Bonds to be used for highway projects as provided for by the General Assembly?
Rep. COBB-HUNTER explained the amendment.
Rep. HARRISON raised the Point of Order that Amendment No. 7 was out of order as it was not germane.
Rep. COBB-HUNTER argued contra the Point in stating that it dealt with a referendum that the House was currently debating. She further stated that the amendment would add a section which would include a referendum on the state lottery.
The SPEAKER, citing Rule 9.3, stated that the amendment was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. COBB-HUNTER proposed the following Amendment No. 8 (Doc Name P:\AMEND\DKA\4004DW.97), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. It is proposed that Section 13, Article X of the Constitution of this State be amended to read:
"Section 13. (1) Subject to the conditions and limitations in this section, the State shall have has power to incur indebtedness in the following categories and in no others: (a) general obligation debt; and (b) indebtedness payable only from a revenue-producing project or from a special source as provided in subsection (9) hereof.
(2) 'General obligation debt' shall mean means any indebtedness of the State which shall be that is secured in whole or in part by a pledge of the full faith, credit, and taxing power of the State.
(3) General obligation debt may not be incurred except for a public purpose and all general obligation debt shall must mature not later than thirty years from the time such indebtedness shall be is incurred.
(4) In each act authorizing the incurring of general obligation debt the General Assembly shall allocate on an annual basis sufficient tax revenues to provide for the punctual payment of the principal of and interest on such general obligation debt. If at any time any payment due as the principal of or interest on any general obligation debt shall is not be paid as and when the same become due and payable, the State Comptroller General shall forthwith levy and the State Treasurer shall collect an ad valorem tax without limit as to rate or amount upon all taxable property in the State sufficient to meet the payment of the principal and interest of such general obligation debt then due.
(5) If general obligation debt be is authorized by (a) two-thirds of the members of each House of the General Assembly; or (b) by a majority vote of the qualified electors of the State voting in a referendum called by the General Assembly, there shall be are no conditions or restrictions limiting the incurring of such indebtedness except (I) those restrictions and limitations imposed in the authorization to incur such indebtedness, and (ii) the provisions of subsection (3) hereof.
(6) General obligation debt may be also incurred on such terms and conditions as the General Assembly may by law prescribe under the following limitations:
(a) General obligation bonds for highway purposes (highway bonds) may be issued if such bonds shall be are additionally secured by a pledge of the revenues derived from the 'sources of revenue' as such term is defined in this subsection; provided, that the maximum annual debt service on all highway bonds so additionally secured which shall thereafter be that are outstanding shall may not exceed fifteen percent of the proceeds received from the sources of revenue for the fiscal year next preceding.
For the purpose of this subsection, the term 'sources of revenue' shall mean so much of means the revenues as may be made applicable by the General Assembly for state highway purposes from any and all taxes or licenses imposed upon individuals or vehicles for the privilege of using the public highways of the State.
This subsection does not apply to bonds issued pursuant to subsection (6)(c).
(b) General obligation bonds for any state institution of higher learning designated by the General Assembly (state institution bonds) may be issued, if such bonds shall be are additionally secured by a pledge of the revenues derived from the tuition fees received by the particular institution of higher learning for which such state institution bonds are issued; provided, that the maximum annual debt service on all state institution bonds so additionally secured issued for such state institution thereafter to be outstanding shall may not exceed ninety percent of the sums received by such state institution of higher learning from tuition fees for the fiscal year next preceding.
(c) General obligation bonds that are additionally secured by a pledge of the revenues derived from the State Lottery, authorized in Section 7, Article XVII of this Constitution, may be issued for highway projects under terms and conditions that the General Assembly may prescribe by law. The maximum annual debt service on all outstanding lottery bonds so additionally secured may not exceed ninety percent of the net proceeds received from the lottery for the last fiscal year. These bonds are called 'lottery bonds.'
(c) (d) General obligation bonds for any public purpose including those purposes set forth in (a) and , (b), and (c) may be issued; provided, that the maximum annual debt service on all general obligation bonds of the State thereafter to be outstanding (excluding highway bonds, state institution bonds, tax anticipation notes, lottery bonds, and bond anticipation notes) must not exceed five percent of the general revenues of the State for the fiscal year next preceding (excluding revenues which that are authorized to be pledged for state highway bonds, lottery bonds, and state institution bonds).
Upon implementation of the provisions of this item by law, the percentage rate of general revenues may be reduced to four or increased to seven percent by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives.
During the regular session of the General Assembly in 1990 and during every fifth annual regular session thereafter, the General Assembly shall must conduct and complete a review of the law implementing this item. Unless during such session that review results in an amendment to or repeal of the law implementing this item, which must be accomplished by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives.
(7) General obligation indebtedness may be incurred in anticipation of state tax collections (tax anticipation notes) under such terms and conditions as the General Assembly may prescribe by law. Such tax anticipation notes shall must be secured by a pledge of such taxes and by a pledge of the full faith, credit, and taxing power of the State. All tax anticipation notes shall must be expressed to mature not later than ninety days from the end of the fiscal year in which such notes are issued.
(8) General obligation notes may be issued in anticipation of the proceeds of general obligation bonds which may be lawfully issued (bond anticipation notes) under terms and conditions which the General Assembly may prescribe by law. Such bond anticipation notes shall be are secured by a pledge of the proceeds of the bonds in anticipation of which such bond anticipation notes are issued and by a pledge of the full faith, credit, and taxing power of the State.
Bond anticipation notes shall must be expressed to mature not later than one year following the date of issuance, but if the General Assembly shall so authorize authorizes them by law, bond anticipation notes may be refunded or renewed.
(9) The General Assembly may authorize the State or any of its agencies, authorities, or institutions to incur indebtedness for any public purpose payable solely from a revenue-producing project or from a special source, which source does not involve revenues from any tax but may include fees paid for the use of any toll bridge, toll road, or tunnel. Such indebtedness may be incurred upon such terms and conditions as the General Assembly may prescribe by law. All indebtedness incurred pursuant to the provisions of this subsection shall must contain a statement on the face thereof specifying the sources from which payment is to be made."
SECTION __. The proposed amendment in SECTION 1 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 ballot:
"Shall Section 13, Article X of the Constitution of this State be amended so as to authorize the issuance of State Lottery Bonds to be used for highway projects as provided for by the General Assembly?
Rep. COBB-HUNTER explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 8 was out of order as it was not germane.
Rep. SCOTT argued contra the Point.
The SPEAKER stated that the amendment dealt with the lottery and was not germane and he sustained the Point of Order and ruled the amendment out of order.
Reps. COBB-HUNTER, CAVE and T. BROWN proposed the following Amendment No. 9 (Doc Name P:\AMEND\DKA\4002DW.97), which was ruled out of order.
To amend the bill, as and if amended by adding appropriately numbered SECTIONS to read:
/SECTION __. It is proposed that Section 13, Article X of the Constitution of this State be amended to read:
"Section 13. (1) Subject to the conditions and limitations in this section, the State shall have has power to incur indebtedness in the following categories and in no others: (a) general obligation debt; and (b) indebtedness payable only from a revenue-producing project or from a special source as provided in subsection (9) hereof.
(2) 'General obligation debt' shall mean means any indebtedness of the State which shall be that is secured in whole or in part by a pledge of the full faith, credit, and taxing power of the State.
(3) General obligation debt may not be incurred except for a public purpose and all general obligation debt shall must mature not later than thirty years from the time such indebtedness shall be is incurred.
(4) In each act authorizing the incurring of general obligation debt the General Assembly shall allocate on an annual basis sufficient tax revenues to provide for the punctual payment of the principal of and interest on such general obligation debt. If at any time any payment due as the principal of or interest on any general obligation debt shall is not be paid as and when the same become due and payable, the State Comptroller General shall forthwith levy and the State Treasurer shall collect an ad valorem tax without limit as to rate or amount upon all taxable property in the State sufficient to meet the payment of the principal and interest of such general obligation debt then due.
(5) If general obligation debt be is authorized by (a) two-thirds of the members of each House of the General Assembly; or (b) by a majority vote of the qualified electors of the State voting in a referendum called by the General Assembly, there shall be are no conditions or restrictions limiting the incurring of such indebtedness except (I) those restrictions and limitations imposed in the authorization to incur such indebtedness, and (ii) the provisions of subsection (3) hereof.
(6) General obligation debt may be also incurred on such terms and conditions as the General Assembly may by law prescribe under the following limitations:
(a) General obligation bonds for highway purposes (highway bonds) may be issued if such bonds shall be are additionally secured by a pledge of the revenues derived from the 'sources of revenue' as such term is defined in this subsection; provided, that the maximum annual debt service on all highway bonds so additionally secured which shall thereafter be that are outstanding shall may not exceed fifteen percent of the proceeds received from the sources of revenue for the fiscal year next preceding.
For the purpose of this subsection, the term 'sources of revenue' shall mean so much of means the revenues as may be made applicable by the General Assembly for state highway purposes from any and all taxes or licenses imposed upon individuals or vehicles for the privilege of using the public highways of the State.
This subsection does not apply to bonds issued pursuant to subsection (6)(c).
(b) General obligation bonds for any state institution of higher learning designated by the General Assembly (state institution bonds) may be issued, if such bonds shall be are additionally secured by a pledge of the revenues derived from the tuition fees received by the particular institution of higher learning for which such state institution bonds are issued; provided, that the maximum annual debt service on all state institution bonds so additionally secured issued for such state institution thereafter to be outstanding shall may not exceed ninety percent of the sums received by such state institution of higher learning from tuition fees for the fiscal year next preceding.
(c) General obligation bonds that are additionally secured by a pledge of the revenues derived from the State Lottery, authorized in Section 7, Article XVII of this Constitution, may be issued for highway projects under terms and conditions that the General Assembly may prescribe by law. The maximum annual debt service on all outstanding lottery bonds so additionally secured may not exceed ninety percent of the net proceeds received from the lottery for the last fiscal year. These bonds are called 'lottery bonds.'
(c) (d) General obligation bonds for any public purpose including those purposes set forth in (a) and , (b), and (c) may be issued; provided, that the maximum annual debt service on all general obligation bonds of the State thereafter to be outstanding (excluding highway bonds, state institution bonds, tax anticipation notes, lottery bonds, and bond anticipation notes) must not exceed five percent of the general revenues of the State for the fiscal year next preceding (excluding revenues which that are authorized to be pledged for state highway bonds, lottery bonds, and state institution bonds).
Upon implementation of the provisions of this item by law, the percentage rate of general revenues may be reduced to four or increased to seven percent by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives.
During the regular session of the General Assembly in 1990 and during every fifth annual regular session thereafter, the General Assembly shall must conduct and complete a review of the law implementing this item. Unless during such session that review results in an amendment to or repeal of the law implementing this item, which must be accomplished by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives.
(7) General obligation indebtedness may be incurred in anticipation of state tax collections (tax anticipation notes) under such terms and conditions as the General Assembly may prescribe by law. Such tax anticipation notes shall must be secured by a pledge of such taxes and by a pledge of the full faith, credit, and taxing power of the State. All tax anticipation notes shall must be expressed to mature not later than ninety days from the end of the fiscal year in which such notes are issued.
(8) General obligation notes may be issued in anticipation of the proceeds of general obligation bonds which may be lawfully issued (bond anticipation notes) under terms and conditions which the General Assembly may prescribe by law. Such bond anticipation notes shall be are secured by a pledge of the proceeds of the bonds in anticipation of which such bond anticipation notes are issued and by a pledge of the full faith, credit, and taxing power of the State.
Bond anticipation notes shall must be expressed to mature not later than one year following the date of issuance, but if the General Assembly shall so authorize authorizes them by law, bond anticipation notes may be refunded or renewed.
(9) The General Assembly may authorize the State or any of its agencies, authorities, or institutions to incur indebtedness for any public purpose payable solely from a revenue-producing project or from a special source, which source does not involve revenues from any tax but may include fees paid for the use of any toll bridge, toll road, or tunnel. Such indebtedness may be incurred upon such terms and conditions as the General Assembly may prescribe by law. All indebtedness incurred pursuant to the provisions of this subsection shall must contain a statement on the face thereof specifying the sources from which payment is to be made."
SECTION __. The proposed amendment in SECTION 1 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 ballot:
"Shall Section 13, Article X of the Constitution of this State be amended so as to authorize the issuance of State Lottery Bonds to be used for highway projects as provided for by the General Assembly?
Rep. COBB-HUNTER explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 9 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. COBB-HUNTER proposed the following Amendment No. 10 (Doc Name P:\AMEND\DKA\4001DW.97), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. It is proposed that Section 13, Article X of the Constitution of this State be amended to read:
"Section 13. (1) Subject to the conditions and limitations in this section, the State shall have has power to incur indebtedness in the following categories and in no others: (a) general obligation debt; and (b) indebtedness payable only from a revenue-producing project or from a special source as provided in subsection (9) hereof.
(2) 'General obligation debt' shall mean means any indebtedness of the State which shall be that is secured in whole or in part by a pledge of the full faith, credit, and taxing power of the State.
(3) General obligation debt may not be incurred except for a public purpose and all general obligation debt shall must mature not later than thirty years from the time such indebtedness shall be is incurred.
(4) In each act authorizing the incurring of general obligation debt the General Assembly shall allocate on an annual basis sufficient tax revenues to provide for the punctual payment of the principal of and interest on such general obligation debt. If at any time any payment due as the principal of or interest on any general obligation debt shall is not be paid as and when the same become due and payable, the State Comptroller General shall forthwith levy and the State Treasurer shall collect an ad valorem tax without limit as to rate or amount upon all taxable property in the State sufficient to meet the payment of the principal and interest of such general obligation debt then due.
(5) If general obligation debt be is authorized by (a) two-thirds of the members of each House of the General Assembly; or (b) by a majority vote of the qualified electors of the State voting in a referendum called by the General Assembly, there shall be are no conditions or restrictions limiting the incurring of such indebtedness except (I) those restrictions and limitations imposed in the authorization to incur such indebtedness, and (ii) the provisions of subsection (3) hereof.
(6) General obligation debt may be also incurred on such terms and conditions as the General Assembly may by law prescribe under the following limitations:
(a) General obligation bonds for highway purposes (highway bonds) may be issued if such bonds shall be are additionally secured by a pledge of the revenues derived from the 'sources of revenue' as such term is defined in this subsection; provided, that the maximum annual debt service on all highway bonds so additionally secured which shall thereafter be that are outstanding shall may not exceed fifteen percent of the proceeds received from the sources of revenue for the fiscal year next preceding.
For the purpose of this subsection, the term 'sources of revenue' shall mean so much of means the revenues as may be made applicable by the General Assembly for state highway purposes from any and all taxes or licenses imposed upon individuals or vehicles for the privilege of using the public highways of the State.
This subsection does not apply to bonds issued pursuant to subsection (6)(c).
(b) General obligation bonds for any state institution of higher learning designated by the General Assembly (state institution bonds) may be issued, if such bonds shall be are additionally secured by a pledge of the revenues derived from the tuition fees received by the particular institution of higher learning for which such state institution bonds are issued; provided, that the maximum annual debt service on all state institution bonds so additionally secured issued for such state institution thereafter to be outstanding shall may not exceed ninety percent of the sums received by such state institution of higher learning from tuition fees for the fiscal year next preceding.
(c) General obligation bonds that are additionally secured by a pledge of the revenues derived from the State Lottery, authorized in Section 7, Article XVII of this Constitution, may be issued for highway projects under terms and conditions that the General Assembly may prescribe by law. The maximum annual debt service on all outstanding lottery bonds so additionally secured may not exceed ninety percent of the net proceeds received from the lottery for the last fiscal year. These bonds are called 'lottery bonds.'
(c) (d) General obligation bonds for any public purpose including those purposes set forth in (a) and , (b), and (c) may be issued; provided, that the maximum annual debt service on all general obligation bonds of the State thereafter to be outstanding (excluding highway bonds, state institution bonds, tax anticipation notes, lottery bonds, and bond anticipation notes) must not exceed five percent of the general revenues of the State for the fiscal year next preceding (excluding revenues which that are authorized to be pledged for state highway bonds, lottery bonds, and state institution bonds).
Upon implementation of the provisions of this item by law, the percentage rate of general revenues may be reduced to four or increased to seven percent by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives.
During the regular session of the General Assembly in 1990 and during every fifth annual regular session thereafter, the General Assembly shall must conduct and complete a review of the law implementing this item. Unless during such session that review results in an amendment to or repeal of the law implementing this item, which must be accomplished by legislative enactment passed by a two-thirds vote of the total membership of the Senate and a two-thirds vote of the total membership of the House of Representatives.
(7) General obligation indebtedness may be incurred in anticipation of state tax collections (tax anticipation notes) under such terms and conditions as the General Assembly may prescribe by law. Such tax anticipation notes shall must be secured by a pledge of such taxes and by a pledge of the full faith, credit, and taxing power of the State. All tax anticipation notes shall must be expressed to mature not later than ninety days from the end of the fiscal year in which such notes are issued.
(8) General obligation notes may be issued in anticipation of the proceeds of general obligation bonds which may be lawfully issued (bond anticipation notes) under terms and conditions which the General Assembly may prescribe by law. Such bond anticipation notes shall be are secured by a pledge of the proceeds of the bonds in anticipation of which such bond anticipation notes are issued and by a pledge of the full faith, credit, and taxing power of the State.
Bond anticipation notes shall must be expressed to mature not later than one year following the date of issuance, but if the General Assembly shall so authorize authorizes them by law, bond anticipation notes may be refunded or renewed.
(9) The General Assembly may authorize the State or any of its agencies, authorities, or institutions to incur indebtedness for any public purpose payable solely from a revenue-producing project or from a special source, which source does not involve revenues from any tax but may include fees paid for the use of any toll bridge, toll road, or tunnel. Such indebtedness may be incurred upon such terms and conditions as the General Assembly may prescribe by law. All indebtedness incurred pursuant to the provisions of this subsection shall must contain a statement on the face thereof specifying the sources from which payment is to be made."
SECTION __. The proposed amendment in SECTION 1 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 ballot:
"Shall Section 13, Article X of the Constitution of this State be amended so as to authorize the issuance of State Lottery Bonds to be used for highway projects as provided for by the General Assembly?
Rep. COBB-HUNTER explained the amendment.
Rep. HASKINS 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.
Reps. COBB-HUNTER, NEAL and J. SMITH proposed the following Amendment No. 11 (Doc Name P:\AMEND\BBM\9079SD.97), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. A statewide binding referendum with two questions must be held on the first Tuesday after the first Monday in November, 1997 to ascertain the wishes of the qualified electors of this State as to whether or not the Confederate Battle Flag should be flown above the State House and whether or not, if the Confederate Battle Flag is not to be flown from above the State House, it should be part of a Circle of Flags to be established on the State House grounds. The State Election Commission must place the questions contained in Section 3 of this act on the referendum ballot in November, 1997. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the binding referendum and certify them to the Secretary of State. If the result of this binding referendum is in favor of flying the Confederate Battle Flag above the State House, the flag must continue to be flown upon the certification of the referendum results. If the result of this binding referendum is not in favor of flying the Confederate Battle Flag above the State House, the officials in charge of flying the flag are prohibited from flying it above the State House upon the certification of the binding referendum results. If the result of this binding referendum is not in favor of flying the Confederate Battle Flag from above the State House but instead making it a part of a Circle of Flags to be established on the State House grounds, the officials in charge of flying the flag are directed to establish a Circle of Flags on the State House grounds to include the Confederate Battle Flag upon the certification of the binding referendum results.
SECTION 2. (A) If the result of this binding referendum is in favor of flying the Confederate Battle Flag above the State House, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the Confederate Battle Flag must be flown at all times atop the State House and must replace the Confederate Battle Flag with another such flag at appropriate intervals as may be necessary due to wear and tear. The Division of General Services may only remove the Confederate Battle Flag atop the State House during times of renovation or repair of the State House dome and the Confederate Battle Flag must be returned upon completion of the work.
(B) If the result of this binding referendum is not in favor of flying the Confederate Battle Flag from above the State House but making it a part of a Circle of Flags on the State House grounds, the Division of General Services of the Budget and Control Board, or its successor in interest, shall establish a Circle of Flags on the State House grounds to include the Confederate Battle Flag.
(C) The Confederate Battle Flag for purposes of this act is described as follows:
"A square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with a whole banner bordered in white. The total outside measurement of the flag is fifty-one inches square, inclusive of the white border. The blue arms of the cross are seven and one-half inches wide and the white border around the flag proper is one and one-half inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter and uniform in size. There are five eyelet holes in the hoist next to the staff."
(D) If both questions in Section 3 receive a majority approval vote, the question receiving the most "yes" votes is deemed approved.
SECTION 3. The questions put before the voters at the 1997 binding referendum shall read as follows with the question in subsection (A) appearing first and the question in subsection (B) appearing second on the ballot:
(A) "Do you favor flying the Confederate Battle Flag above the State House in Columbia?
(B) If the Confederate Battle Flag is not flown from above the State House pursuant to the results of the question provided for in subsection (A), do you favor establishing a Circle of Flags on the State House grounds to include the Confederate Battle Flag?
For each question, 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 4. Until the results of the 1997 binding referendum are certified, the Confederate Battle Flag shall continue to be flown on the flagpole atop the State House in Columbia just below the flag of the United States of America and the State Flag of South Carolina.
SECTION 5. (A) Notwithstanding any other provision of law, no monument, marker, flag, or memorial located on public property of this State or any of its political subdivisions or located on any public street, highway, or park honoring the memory of the Confederacy, individuals who served in the Confederate armed forces, or the Women of the Confederacy, or honoring the civil rights struggle or individuals who participated in this struggle, may be removed or renamed without a two-thirds vote of each house of the General Assembly or without a two-thirds vote of the local entity or body having jurisdiction over the monument, marker, flag, or memorial.
(B) The provisions of this section also apply to flying the Confederate Battle Flag above the State House or placing it in a Circle of Flags on the State House grounds if the results of the 1997 binding referendum provided for in this act are in favor of flying the flag or placing it at either of these locations.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Reps. COBB-HUNTER, NEAL and T. BROWN proposed the following Amendment No. 12 (Doc Name P:\AMEND\JIC\5310SD.97), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. A statewide binding referendum must be held on the first Tuesday after the first Monday in November, 1997 to ascertain the wishes of the qualified electors of this State as to whether or not the Confederate Battle Flag should be flown above the State House and displayed in the House and Senate Chambers. The State Election Commission must place the question contained in Section 3 of this act on the referendum ballot in November, 1997. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the binding referendum and certify them to the Secretary of State. If the result of this binding referendum is in favor of flying the Confederate Battle Flag above the State House and displaying it in the House and Senate Chambers, the flag must continue to be flown and displayed upon the certification of the referendum results. If the result of this binding referendum is not in favor of flying the Confederate Battle Flag above the State House and displaying it in the House and Senate Chambers, the officials in charge of flying the flag are prohibited from flying it above the State House and displaying it in the House and Senate Chambers upon the certification of the binding referendum results.
SECTION 2. (A) If the result of this binding referendum is in favor of flying the Confederate Battle Flag above the State House and displaying it in the House and Senate Chambers, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the Confederate Battle Flag must be flown at all times atop the State House and displayed in the House and Senate Chambers and must replace the Confederate Battle Flag with another such flag at appropriate intervals as may be necessary due to wear and tear. The Division of General Services may only remove the Confederate Battle Flag atop the State House and in the House and Senate Chambers during times of renovation or repair of the State House and the Confederate Battle Flag must be returned upon completion of the work.
(B) The Confederate Battle Flag for purposes of this act is described as follows:
"A square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with a whole banner bordered in white. The total outside measurement of the flag is fifty-one inches square, inclusive of the white border. The blue arms of the cross are seven and one-half inches wide and the white border around the flag proper is one and one-half inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter and uniform in size. There are five eyelet holes in the hoist next to the staff."
SECTION 3. The question put before the voters of the 1997 binding referendum shall read:
"Do you favor flying the Confederate Battle Flag above the State House in Columbia and displaying it in the House and Senate Chambers?
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 4. Until the results of the 1997 binding referendum are certified, the Confederate Battle Flag shall continue to be flown on the flagpole atop the State House in Columbia just below the flag of the United States of America and the State Flag of South Carolina and displayed in the House and Senate Chambers.
SECTION 5. (A) Notwithstanding any other provision of law, no monument, marker, flag, or memorial located on public property of this State or any of its political subdivisions or located on any public street, highway, or park honoring the memory of the Confederacy, individuals who served in the Confederate armed forces, or the Women of the Confederacy, or honoring the civil rights struggle or individuals who participated in this struggle, may be removed or renamed without a two-thirds vote of each house of the General Assembly or without a two-thirds vote of the local entity or body having jurisdiction over the monument, marker, flag, or memorial.
(B) The provisions of this section also apply to flying the Confederate Battle Flag above the State House and displaying it in the House and Senate Chambers if the results of the 1997 binding referendum provided for in this act are in favor of flying the flag and displaying it in the House and Senate Chambers.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Reps. COBB-HUNTER, NEAL and T. BROWN proposed the following Amendment No. 13 (Doc Name P:\AMEND\BBM\9080SD.97), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. A statewide binding referendum with two questions must be held on the first Tuesday after the first Monday in November, 1997 to ascertain the wishes of the qualified electors of this State as to whether or not the Confederate Battle Flag should be flown above the State House and displayed in the House and Senate Chambers and whether or not, if the Confederate Battle Flag is not to be flown from above the State House and displayed in the House and Senate Chambers, it should be flown over the Confederate Monument on the State House grounds. The State Election Commission must place the questions contained in Section 3 of this act on the referendum ballot in November, 1997. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the binding referendum and certify them to the Secretary of State. If the result of this binding referendum is in favor of flying the Confederate Battle Flag above the State House and displaying it in the House and Senate Chambers, the flag must continue to be flown and displayed upon the certification of the referendum results. If the result of this binding referendum is not in favor of flying the Confederate Battle Flag above the State House and displaying it in the House and Senate Chambers, the officials in charge of flying the flag are prohibited from flying it above the State House and displaying it in the House and Senate Chambers upon the certification of the binding referendum results. If the result of this binding referendum is not in favor of flying the Confederate Battle Flag from above the State House and displaying it in the House and Senate Chambers but instead flying it over the Confederate Monument on the State House grounds, the officials in charge of flying the flag are directed to fly it over the Confederate Monument on the State House grounds upon the certification of the binding referendum results.
SECTION 2. (A) If the result of this binding referendum is in favor of flying the Confederate Battle Flag above the State House and displaying it in the House and Senate Chambers, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the Confederate Battle Flag must be flown at all times atop the State House and displayed in the House and Senate Chambers and must replace the Confederate Battle Flag with another such flag at appropriate intervals as may be necessary due to wear and tear. The Division of General Services may only remove the Confederate Battle Flag atop the State House and in the House and Senate Chambers during times of renovation or repair of the State House and the Confederate Battle Flag must be returned upon completion of the work.
(B) If the result of this binding referendum is not in favor of flying the Confederate Battle Flag from above the State House and displaying it in the House and Senate Chambers but flying it over the Confederate Monument on the State House grounds, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the Confederate Battle Flag is flown over the Confederate Monument on the State House grounds.
(C) The Confederate Battle Flag for purposes of this act is described as follows:
"A square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with a whole banner bordered in white. The total outside measurement of the flag is fifty-one inches square, inclusive of the white border. The blue arms of the cross are seven and one-half inches wide and the white border around the flag proper is one and one-half inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter and uniform in size. There are five eyelet holes in the hoist next to the staff."
(D) If both questions in Section 3 receive a majority approval vote, the question receiving the most "yes" votes is deemed approved.
SECTION 3. The questions put before the voters at the 1997 binding referendum shall read as follows with the question in subsection (A) appearing first and the question in subsection (B) appearing second on the ballot:
(A) "Do you favor flying the Confederate Battle Flag above the State House in Columbia and displaying it in the House and Senate Chambers?
(B) If the Confederate Battle Flag is not flown from above the State House and displayed in the House and Senate Chambers pursuant to the results of the question provided for in subsection (A), do you favor flying it over the Confederate Monument on the State House grounds?
For each question, 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 4. Until the results of the 1997 binding referendum are certified, the Confederate Battle Flag shall continue to be flown on the flagpole atop the State House in Columbia just below the flag of the United States of America and the State Flag of South Carolina and displayed in the House and Senate Chambers.
SECTION 5. (A) Notwithstanding any other provision of law, no monument, marker, flag, or memorial located on public property of this State or any of its political subdivisions or located on any public street, highway, or park honoring the memory of the Confederacy, individuals who served in the Confederate armed forces, or the Women of the Confederacy, or honoring the civil rights struggle or individuals who participated in this struggle, may be removed or renamed without a two-thirds vote of each house of the General Assembly or without a two-thirds vote of the local entity or body having jurisdiction over the monument, marker, flag, or memorial.
(B) The provisions of this section also apply to flying the Confederate Battle Flag above the State House and displaying it in the House and Senate Chambers or flying it above the Confederate Monument on the State House grounds if the results of the 1997 binding referendum provided for in this act are in favor of flying or displaying the flag at these locations.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. CATO moved to table the amendment, which was agreed to.
Reps. SCOTT proposed the following Amendment No. 14 (Doc Name P:\AMEND\PT\2860MM.97), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. A statewide binding referendum must be held on the first Tuesday after the first Monday in November, 1997 to ascertain the wishes of the qualified electors of this State as to whether or not the Confederate Battle Flag, also known as the Battle Flag of the Army of Northern Virginia, should be removed from the Chambers of the House of Representatives and the Senate in the State House and placed in the Rotunda. The State Election Commission must place the question contained in Section 3 of this act on the referendum ballot in November, 1997. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the binding referendum and certify them to the Secretary of State. If the result of this binding referendum is in favor of removing the Confederate Battle Flag from the State House Chambers and placing in the Rotunda the flag must be removed and so placed upon the certification of the referendum results. If the result of this binding referendum is not in favor of removing the Confederate Battle Flag from the State House Chambers and placing in the Rotunda, the flag must continue to hang in the Chambers of the State House upon the certification of the binding referendum results.
SECTION 2. (A) If the result of this binding referendum is in favor of removing the Confederate Battle Flag from the Chambers of the House of Representatives and the Senate in the State House and placed in the Rotunda of the State House, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the Confederate Battle Flag must be removed from the State House Chambers and placed in the Rotunda.
(B) The Confederate Battle Flag for purposes of this act is described as follows:
"A square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with a whole banner bordered in white. The total outside measurement of the flag is fifty-one inches square, inclusive of the white border. The blue arms of the cross are seven and one-half inches wide and the white border around the flag proper is one and one-half inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter and uniform in size. There are five eyelet holes in the hoist next to the staff."
SECTION 3. The question put before the voters of the 1997 binding referendum shall read:
"Do you favor removing the Confederate Battle Flag from the Chambers of the House of Representatives and the Senate in the State House and placed in the Rotunda in the State House in Columbia?
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 4. Until the results of the 1997 binding referendum are certified, the Confederate Battle Flag shall continue to be hung in the Chambers of the House of Representatives and the Senate in the State House in Columbia.
SECTION 5. (A) Notwithstanding any other provision of law, no monument, marker, flag, or memorial located on public property of this State or any of its political subdivisions or located on any public street, highway, or park honoring the memory of the Confederacy, individuals who served in the Confederate armed forces, or the Women of the Confederacy, or honoring the civil rights struggle or individuals who participated in this struggle, may be removed or renamed without a two-thirds vote of each house of the General Assembly or without a two-thirds vote of the local entity or body having jurisdiction over the monument, marker, flag, or memorial.
(B) The provisions of this section also apply to hanging the Confederate Battle Flag in the Chambers of the House of Representatives and the Senate in the State House if the results of the 1997 binding referendum provided for in this act are not in favor of removing the flag from the Chambers./
SECTION 6. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend totals and title to conform.
Rep. SCOTT explained the amendment.
Rep. CATO moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. J. BROWN a leave of absence for the remainder of the day.
Reps. CAVE, WHIPPER, F. SMITH, SCOTT, GOVAN, HOWARD, COBB-HUNTER, CLYBURN, NEAL, KENNEDY, J. HINES, M. HINES, LLOYD, T. BROWN, INABINETT, MOODY-LAWRENCE, McMAHAND, MACK and PARKS proposed the following Amendment No. 15 (Doc Name P:\AMEND\JIC\5311HTC.97), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ Section . In addition to any other question submitted to the qualified electors pursuant to this act, there must also be submitted at the same time the question as follows:
"Do you favor providing a computer terminal in the household of every qualified elector of this state so that the wishes of the qualified electors could be instantaneously registered, thus dispensing with the necessity for, and the expense of, the general assembly?
For each question, 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. CAVE explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 15 was out of order as it was not germane.
Rep. CAVE argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. CROMER and COTTY proposed the following Amendment No. 16 (Doc Name P:\AMEND\GJK\23243SD.97), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. A statewide binding referendum with two questions must be held on the first Tuesday after the first Monday in November, 1997 to ascertain the wishes of the qualified electors of this State as to whether or not the Confederate Battle Flag, also known as the Battle Flag of the Army of Northern Virginia, should be flown above the State House and whether or not, if the Confederate Battle Flag is not to be flown from above the State House, it should be flown over the Confederate Monument on the State House grounds. The State Election Commission must place the questions contained in Section 3 of this act on the referendum ballot in November, 1997. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the binding referendum and certify them to the Secretary of State. If the result of this binding referendum is in favor of flying the Confederate Battle Flag above the State House, the flag must continue to be flown upon the certification of the referendum results. If the result of this binding referendum is not in favor of flying the Confederate Battle Flag above the State House, the officials in charge of flying the flag are prohibited from flying it above the State House upon the certification of the binding referendum results. If the result of this binding referendum is not in favor of flying the Confederate Battle Flag from above the State House but instead flying it over the Confederate Monument on the State House grounds, the officials in charge of flying the flag are directed to fly it over the Confederate Monument on the State House grounds upon the certification of the binding referendum results.
SECTION 2. (A) If the result of this binding referendum is in favor of flying the Confederate Battle Flag above the State House, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the Confederate Battle Flag must be flown at all times atop the State House and must replace the Confederate Battle Flag with another such flag at appropriate intervals as may be necessary due to wear and tear. The Division of General Services may only remove the Confederate Battle Flag atop the State House during times of renovation or repair of the State House dome and the Confederate Battle Flag must be returned upon completion of the work.
(B) If the result of this binding referendum is not in favor of flying the Confederate Battle Flag from above the State House but flying it over the Confederate Monument on the State House grounds, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the Confederate Battle Flag is flown over the Confederate Monument on the State House grounds.
(C) The Confederate Battle Flag for purposes of this act is described as follows:
"A square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with a whole banner bordered in white. The total outside measurement of the flag is fifty-one inches square, inclusive of the white border. The blue arms of the cross are seven and one-half inches wide and the white border around the flag proper is one and one-half inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter and uniform in size. There are five eyelet holes in the hoist next to the staff."
(D) If the question in subsection (A) of Section 3 receives a majority approval vote, it is the question deemed approved regardless of the number of "yes" votes the question in subsection (B) of Section 3 receives.
SECTION 3. The questions put before the voters at the 1997 binding referendum shall read as follows with the question in subsection (A) appearing first and the question in subsection (B) appearing second on the ballot:
(A) "Do you favor flying the Confederate Battle Flag above the State House in Columbia?
(B) If the Confederate Battle Flag is not flown from above the State House pursuant to the results of the question provided for in subsection (A), do you favor flying it over the Confederate Monument on the State House grounds?
For each question, 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 4. Until the results of the 1997 binding referendum are certified, the Confederate Battle Flag shall continue to be flown on the flagpole atop the State House in Columbia just below the flag of the United States of America and the State Flag of South Carolina.
SECTION 5. (A) Notwithstanding any other provision of law, no monument, marker, flag, or memorial located on public property of this State or any of its political subdivisions or located on any public street, highway, or park honoring the memory of the Confederacy, individuals who served in the Confederate armed forces, or the Women of the Confederacy, or honoring the civil rights struggle or individuals who participated in this struggle, may be removed or renamed without a two-thirds vote of each house of the General Assembly or without a two-thirds vote of the local entity or body having jurisdiction over the monument, marker, flag, or memorial.
(B) The provisions of this section also apply to flying the Confederate Battle Flag above the State House or flying it above the Confederate Monument on the State House grounds if the results of the 1997 binding referendum provided for in this act are in favor of flying the flag at either of these locations.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CROMER explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Bauer Beck Boan Brown, H. Carnell Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McMaster Meacham Mullen Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Battle Baxley Bowers Breeland Brown, G. Brown, T. Byrd Campsen Cave Clyburn Cobb-Hunter Cotty Cromer Gourdine Govan Harvin Hines, J. Hines, M. Howard Inabinett Jordan Lee Lloyd Mack Maddox McLeod McMahand Miller Moody-Lawrence Neal Parks Pinckney Scott Sheheen Smith, F. Smith, J. Whipper Wilder Wilkes
So, the amendment was tabled.
Reps. WILKES, G. BROWN and NEAL spoke against the Bill.
Reps. CAVE and BYRD spoke against the Bill.
Rep. CLYBURN spoke against the Bill.
Rep. HARRELL moved immediate cloture on the entire matter, which was agreed to.
Rep. WILKINS spoke in favor of the Bill.
Reps. SCOTT and WHIPPER spoke against the Bill.
Rep. WHIPPER continued speaking.
Reps. WILKES and GOVAN spoke against the Bill.
Rep. T. BROWN spoke in favor of the Bill.
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 Altman Askins Bailey Barfield Barrett Bauer Beck Boan Bowers Brown, G. Brown, H. Brown, T. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McLeod McMaster Meacham Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Battle Baxley Breeland Byrd Cave Clyburn Cobb-Hunter Gourdine Govan Harvin Hines, J. Hines, M. Howard Inabinett Jordan Lee Lloyd Mack Maddox McMahand Miller Moody-Lawrence Neal Parks Pinckney Scott Sheheen Smith, F. Smith, J. Whipper Wilder Wilkes
So, the Bill, as amended, was read the second time and ordered to third reading.
Had I been present, I would have voted against H. 3278. Also, I voted against it in Judiciary Committee.
Rep. JAMES H. HODGES
Had I been present, I would have voted in favor of the Bill, as I am a co-sponsor.
Rep. WOODROW M. McKAY
I was absent from the House Chamber when the final vote on H. 3278 was taken, having traveled to Pinehurst, N.C. to visit Rep. JEAN HARRIS and her family. I would have voted, however, not for this Bill, but for the compromise Heritage Act which would have removed the Confederate flag from the Capital dome and placed it upon a memorial on the statehouse grounds.
Rep. DOUGLAS JENNINGS, JR.
I would not co-sponsor this Bill because I could not persuade my friends to use the official flag of the Confederacy in lieu of the battle flag. However, I support allowing the voters of South Carolina to cast their own vote on this very emotional issue, as soon as possible, so this matter can be put to rest and allow us to concentrate on important items on behalf of our constituents.
Rep. EDITH MARTIN RODGERS
Today I voted in favor of H. 3278 which will allow the citizens of South Carolina to make a decision on whether or not the Confederate Battle Flag should fly above the State House dome. I have not changed my personal opinion that only the American flag and the South Carolina flag should fly above our seat of government. I voted for the referendum because I believe a final vote will bring closure to this divisive issue. I truly believe and hope that the people will make the decision to fly only the American flag and the South Carolina flag.
Rep. W. JEFFREY YOUNG
I have voted for H. 3278, the binding statewide referendum on the flag, because I believe it is the only viable option to move this issue out of the intense media spotlight, and to prevent it from distracting the House from what I consider far more important issues, such as education funding and infrastructure needs.
I have supported the Governor's Heritage Act proposal, but with no bill to debate, I have voted for H. 3278, allowing the voters to decide, with finality, this emotionally charged issue. I am confident that the voters of
District 68 will vote to relocate the flag to another, more appropriate, place of honor.
Rep. THOMAS D. WOODRUM
Rep. HARRELL moved to reconsider the vote whereby the following Bill, as amended, was given a second reading.
H. 3278 (Word version) -- Reps. Cato, Wilkins, Haskins, Harrison, H. Brown, D. Smith, Sharpe, Townsend, Harrell, Boan, Allison, Altman, Bailey, Barrett, Bauer, Beck, Chellis, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Fleming, Gamble, Hamilton, Hawkins, Hinson, Keegan, Kelley, Klauber, Knotts, Koon, Lanford, Law, Leach, Limbaugh, Limehouse, Littlejohn, Loftis, Martin, Mason, McCraw, McKay, McMaster, Meacham, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Sandifer, Seithel, Simrill, R. Smith, Spearman, Stille, Stoddard, Stuart, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Witherspoon, Woodrum, Young-Brickell, Kirsh, Young, Felder and Carnell: A BILL TO PROVIDE FOR A BINDING STATEWIDE REFERENDUM ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF 1997 TO ASCERTAIN THE WISHES OF THE QUALIFIED ELECTORS OF THIS STATE AS TO WHETHER OR NOT THE CONFEDERATE BATTLE FLAG SHOULD BE FLOWN ABOVE THE STATE HOUSE, TO PROVIDE THAT UNTIL THE RESULTS OF THE 1997 BINDING REFERENDUM ARE CERTIFIED, THE CONFEDERATE BATTLE FLAG SHALL CONTINUE TO BE FLOWN ABOVE THE STATE HOUSE, TO PROVIDE THAT NO MONUMENT, MARKER, FLAG, OR MEMORIAL ON PUBLIC PROPERTY OF THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS HONORING THE CONFEDERACY, THE CIVIL RIGHTS STRUGGLE, OR INDIVIDUALS WHO PARTICIPATED THEREIN MAY BE REMOVED OR RENAMED WITHOUT A TWO-THIRDS VOTE OF EACH HOUSE OF THE GENERAL ASSEMBLY OR WITHOUT A TWO-THIRDS VOTE OF THE LOCAL BODY OR ENTITY HAVING JURISDICTION OVER THE MONUMENT, MARKER, FLAG, OR MEMORIAL, AND TO PROVIDE THAT THE TWO-THIRDS VOTE REQUIREMENT ABOVE ALSO APPLIES TO FLYING THE CONFEDERATE BATTLE FLAG ABOVE THE STATE HOUSE IF THE RESULTS OF THE 1997 BINDING REFERENDUM ARE IN FAVOR OF FLYING THE FLAG.
Rep. CATO moved to table the motion to reconsider, which was agreed to.
Rep. BAXLEY moved that the House do now adjourn, which was adopted.
At 2:15 P.M. the House in accordance with the motion of Rep. BAXLEY adjourned to meet at 10:00 A.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 10:39 A.M.