Printed Page 4202, May 30
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Printed Page 4202, May 30
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Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Askins Baxley Boan Breeland Brown, J. Cain Cato Chamblee Clyburn Cotty Dantzler Davenport Delleney Easterday Fair Fulmer Gamble Hallman Harris, J. Haskins Herdklotz Hines Howard Hutson Jaskwhich Jennings Keegan Kelley Kennedy Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McKay McMahand McTeer Meacham Neal Neilson Quinn Rice Richardson Riser Sandifer Scott Seithel Shissias Simrill Smith, D. Smith, R. Stoddard Stuart Tripp Trotter Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Allison Byrd Carnell Cobb-Hunter Harris, P. Keyserling Kirsh Klauber McAbee McCraw Phillips Rhoad Rogers Sheheen Spearman
Stille Thomas Townsend Tucker Vaughn Wilkes Young, J.
So, the Bill, as amended, was read the second time and ordered to third reading.
I elected not to vote on S. 463 because my family is in the funeral business. While I do not have an economic interest which could possibly cause a conflict of interest, I felt it was best to refrain from voting on S. 463.
Rep. ALFRED B. ROBINSON, JR.
The following Bill was taken up.
H. 3202 -- Rep. Scott: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED THE PROPERTY OF A RELIGIOUS, CHARITABLE, ELEEMOSYNARY, EDUCATION, OR LITERARY SOCIETY TO PROPERTY LEASED BY SUCH ORGANIZATIONS.
Rep. ROBINSON moved to recommit the Bill to the Committee on Ways and Means, which was agreed to by a division vote of 55 to 11.
Rep. P. HARRIS moved to adjourn debate upon the following Bill until Wednesday, May 31, which was adopted.
H. 3174 -- Reps. P. Harris and Richardson: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO INCREASE ITS FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, ITS FEE, AND CONTENTS, SO AS TO INCREASE THE DRIVER'S LICENSE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE
The following Joint Resolution was taken up.
H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz, Seithel,
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 15, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 15. No person shall be eligible to the office of Chief Justice, Associate Justice of the Supreme Court, judge of the Court of Appeals, or judge of the Circuit Court who is not at the time of his election a citizen of the United States and of this State, and has not attained the age of twenty-six thirty-two years, has not been a licensed attorney at law for at least five ten years, and has not been a resident of this State for five years next preceding his election.
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 ten 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 current term and is considered to
have the requisite age and years of service as a licensed attorney for purposes
of future reelections to that judicial office."
"Must Section 15 of Article V of the Constitution of this State relating to qualifications for justices of the Supreme Court and judges of the Court of Appeals and the Circuit Court be amended so as to increase from twenty-six to thirty-two the age requirement for election to these offices, to increase from five to ten 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 ten 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 current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future reelections to that judicial office?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."
SECTION 3. It is proposed that Article V of the Constitution of this State be amended by adding:
"Section 27. In addition to the qualifications for Circuit Court and Court of Appeals judges and Supreme Court justices contained in this article, the General Assembly by law shall establish a Judicial Merit Selection Commission to consider the qualifications and fitness of candidates for all judicial positions on these courts and on other courts of this State which are filled by election of the General Assembly. The General Assembly must elect the judges and justices from among the nominees of the commission to fill a vacancy on these courts.
No person may be elected to these judicial positions unless he or she has been found qualified by the commission. Before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article V of the Constitution of this State be amended by adding
Section 27 so as to provide that the General Assembly by law shall establish a
judicial merit selection commission to nominate candidates for election to
judicial positions on the courts of this State which are filled by election of
the General Assembly, to provide that the General Assembly must elect judges and
justices for these courts from among these nominees, to provide that no person
may be elected to these judicial positions unless he or she has been found
qualified by the commission, and to provide that before a sitting member of the
General Assembly may submit an application with the commission for his
nomination to a judicial office, and before the commission may accept or
consider such an application, the member of the General Assembly must first
resign his office?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."
Reps. WILKINS, HODGES, HARRISON and D. SMITH proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\22044SD.95), which was adopted.
Amend the Resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Section 15, Article V of the Constitution of South Carolina, 1895, is amended to read:
"Section 15. No person shall be eligible to the office of Chief Justice,
Associate Justice of the Supreme Court, judge of the Court of Appeals, or judge
of the Circuit Court who is not at the time of his election a citizen of the
United States and of this State, and has not attained the age of
twenty-six thirty-two years, has not been a licensed attorney at
law for at least five ten years, and has not been a resident of
this State for five years next preceding his election.
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Section 15 of Article V of the Constitution of this State relating
to qualifications for justices of the Supreme Court and judges of the Court of
Appeals and the Circuit Court be amended so as to increase from twenty-six to
thirty-two the age requirement for election to these offices, to increase from
five to ten 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 ten 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 current term and is considered to
have the requisite age and years of service as a licensed attorney at law for
purposes of future reelections to that judicial office?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."
SECTION 3. It is proposed that Article V of the Constitution of this State be amended by adding:
"Section 27. In addition to the qualifications for Circuit Court and
Court of Appeals judges and Supreme Court justices contained in this article,
the General Assembly by law shall establish a Judicial Merit Selection
Commission to consider the qualifications and fitness of candidates for all
judicial positions on these courts and on other courts of this State which are
filled by election of the General Assembly. The General Assembly must elect the
judges and justices from among the nominees of the commission to fill a vacancy
on these courts.
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article V of the Constitution of this State be amended by adding
Section 27 so as to provide that the General Assembly by law shall establish a
judicial merit selection commission to nominate candidates for election to
judicial positions on the courts of this State which are filled by election of
the General Assembly, to provide that the General Assembly must elect judges and
justices for these courts from among these nominees, to provide that no person
may be elected to these judicial positions unless he or she has been found
qualified by the commission, and to provide that before a sitting member of the
General Assembly may submit an application with the commission for his
nomination to a judicial office, and before the commission may accept or
consider such an application, the member of the General Assembly must first
resign his office?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKINS explained the amendment.
Rep. WILKINS spoke in favor of the amendment.
Rep. HARRISON spoke in favor of the amendment.
Rep. HODGES spoke in favor of the amendment.
Rep. HODGES spoke in favor of the amendment.
The amendment was then adopted.
Rep. SCOTT proposed the following Amendment No. 4, which was rejected.
Amend Section 15, Article V of the S.C. Constitution, striking the age requirement of 32-years old, so that the age would remain at 26-years (current law).
Rep. SCOTT explained the amendment.
The amendment was then rejected.
Rep. SCOTT proposed the following Amendment No. 5, which was tabled.
Strike the three persons appointed by the Governor.
Rep. SCOTT explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 62 to 13.
Reps. SHEHEEN, BAXLEY and DELLENEY proposed the following Amendment No. 6, which was tabled.
AMEND THE BILL, AS AND IF AMENDED, SECTION 3 BY STRIKING THE SECOND PARAGRAPH ON PAGE 4 AND SUBSTITUTING THE FOLLOWING:
NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS UNLESS HE OR SHE HAS BEEN FOUND QUALIFIED BY THE COMMISSION. IF A SITTING MEMBER OF THE GENERAL ASSEMBLY IS NOMINATED, HE OR SHE MUST RESIGN THAT SEAT IN THE GENERAL ASSEMBLY WITHIN 24 HOURS OF THE NOMINATION, UNLESS HE OR SHE REJECTS THE NOMINATION AND WITHDRAWS HIS OR HER CANDIDACY WITHIN 24 HOURS OF THE NOMINATION.
SECTION 4 IS AMENDED TO REFLECT THE QUESTION AS AMENDED SECTION 3 AND SHOULD BE STRICKEN AND PHRASED AS FOLLOWS:
"MUST ARTICLE V OF THE CONSTITUTION OF THIS STATE BE AMENDED BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION COMMISSION TO NOMINATE
Rep. SHEHEEN explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Boan Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Fair Fulmer Gamble Hallman Harrell Harvin Herdklotz Hodges Hutson Jaskwhich Keegan Kelley Keyserling Klauber Koon Lanford Law Limehouse Littlejohn Marchbanks Mason McElveen McTeer Meacham Neilson Rhoad Rice Richardson Riser Rogers Sandifer Seithel Sharpe Shissias Simrill Smith, R. Spearman Tripp Trotter Vaughn Walker Wells Whatley
Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Allison Anderson Askins Bailey Baxley Breeland Brown, J. Brown, T. Byrd Carnell Clyburn Cobb-Hunter Delleney Fleming Govan Harris, J. Harrison Haskins Hines Howard Inabinett Jennings Kennedy Kirsh Knotts Limbaugh Lloyd Martin McAbee McCraw McMahand Moody-Lawrence Neal Phillips Quinn Robinson Scott Sheheen Smith, D. Stille Stoddard Stuart Thomas Tucker Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Printed Page 4202, May 30
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