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

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| Printed Page 470, Jan. 24 | Printed Page 490, Jan. 24 |

Printed Page 480 . . . . . Tuesday, January 24, 1995

Rep. CROMER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21271SD.95), which was tabled.

Amend the resolution, as and if amended, by striking SECTIONS 1 and 2 and inserting:

/SECTION 1. It is proposed that Article III, Section 2 of the Constitution of South Carolina, 1895, be amended to read:

"Section 2. The House of Representatives shall must be composed of members chosen by ballot every second fourth year by citizens of this State, qualified as in this Constitution is provided."

SECTION 1A. 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 III, Section 2 of the Constitution of this State relating to the House of Representatives be amended so as to provide that House members shall serve a four-year term of office rather than a two-year term?

Yes []

No []

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

SECTION 2. It is proposed that Article III, Section 2 of the Constitution of South Carolina, 1895, be amended by adding the following new paragraph at the end to read:

"A member of the House of Representatives may not serve more than six complete terms. A member of the House of Representatives serving in office on the effective date of the ratification of the provision in this section limiting the number of terms a House member may serve may continue to serve his then current term and then six new terms thereafter. Service in another public office does not constitute prior service for purposes of this provision and this limitation on the number of terms which may be served applies whether or not the terms served in this office are consecutive or nonconsecutive."

SECTION 2A. 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 III, Section 2 of the Constitution of this State relating to the House of Representatives be amended so as to provide that House


Printed Page 481 . . . . . Tuesday, January 24, 1995

members may serve only six complete terms in office and to provide that House members serving in office when this provision is ratified into law may complete the term which they are currently serving plus six new terms thereafter?
Yes []

No []

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

Renumber sections to conform.

Amend totals and title to conform.

Rep. CROMER explained the amendment.

Rep. McELVEEN spoke against the amendment.

Rep. HARRISON moved to table the amendment, which was agreed to.

Rep. CROMER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21272SD.95), which was tabled.

Amend the resolution, as and if amended, in SECTION 1 by inserting /consecutive/ immediately before /complete/ on line 5, page 2;

Amend the resolution further, as and if amended, in SECTION 2 by inserting /consecutive/ immediately before /complete/ on line 22, page 2;

Amend the resolution further, as and if amended, in SECTION 3 by inserting /consecutive/ immediately before /complete/ on line 2, page 3;

Amend the resolution further, as and if amended, in SECTION 4 by inserting /consecutive/ immediately before /complete/ on line 19, page 3;

Amend the resolution further, as and if amended, in SECTION 5 by inserting /consecutive/ immediately before /complete/ on line 4, page 4;

Amend the resolution further, as and if amended, in SECTION 6 by inserting /consecutive/ immediately before /complete/ on line 21, page 4. Renumber sections to conform.

Amend totals and title to conform.

Rep. CROMER explained the amendment.

Reps. HARRISON and McELVEEN spoke against the amendment.

Rep. BAXLEY spoke in favor of the amendment.

Rep. KLAUBER spoke against the amendment.

Rep. HODGES spoke against the amendment.

Rep. HARRISON moved to table the amendment.


Printed Page 482 . . . . . Tuesday, January 24, 1995

Rep. BAXLEY demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 76 to 25.

Rep. HUFF moved that the House recede until 2:30 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

H. 3281--ORDERED TO THIRD READING

Debate was resumed on the following Joint Resolution, the pending question being the consideration of amendments.

H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT


Printed Page 483 . . . . . Tuesday, January 24, 1995

CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.

Rep. HODGES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\9798SD.95), which was tabled.

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

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

"Section 10. (A) A person may not serve more than a total of twenty years in any combination of the following offices: United States House of Representatives, State House of Representatives, United States Senate, State Senate, Governor, Lieutenant Governor, or other state constitutional office.

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

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

Yes []

No []

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

Renumber sections to conform.

Amend totals and title to conform.


Printed Page 484 . . . . . Tuesday, January 24, 1995

Rep. HODGES explained the amendment.

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

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

Yeas 62; Nays 46

Those who voted in the affirmative are:

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

Total--62

Those who voted in the negative are:

Anderson         Askins           Baxley
Beatty           Breeland         Brown, G.
Brown, J.        Brown, T.        Byrd
Carnell          Cave             Clyburn
Cobb-Hunter      Delleney         Govan
Harris, J.       Harwell          Hines
Hodges           Inabinett        Jennings


Printed Page 485 . . . . . Tuesday, January 24, 1995

Kennedy          Keyserling       Kinon
Kirsh            Lloyd            Martin
McCraw           McElveen         McMahand
McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Rogers
Scott            Sheheen          Spearman
Stoddard         Tucker           Whipper, L.
Whipper, S.      White            Wilder
Williams

Total--46

So, the amendment was tabled.

Rep. HODGES proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\BBM\9799SD.95), which was tabled.

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

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

"Section 10. (A) A person may not serve more than a total of thirty years in any combination of the following offices: United States House of Representatives, State House of Representatives, United States Senate, State Senate, Governor, Lieutenant Governor, or other state constitutional office.

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

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


Printed Page 486 . . . . . Tuesday, January 24, 1995

ineligible to be elected to that office and may not appear on the ballot for election thereto.
Yes []

No []

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

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

Rep. HARRISON moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:

Yeas 65; Nays 50

Those who voted in the affirmative are:

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


Printed Page 487 . . . . . Tuesday, January 24, 1995

Witherspoon      Wofford          Wright
Young, A.        Young, J.

Total--65

Those who voted in the negative are:

Anderson         Askins           Baxley
Beatty           Boan             Breeland
Brown, G.        Brown, J.        Brown, T.
Byrd             Carnell          Cave
Clyburn          Cobb-Hunter      Delleney
Govan            Harris, J.       Harris, P.
Harwell          Hines            Hodges
Inabinett        Jennings         Kennedy
Keyserling       Kirsh            Lloyd
Martin           McAbee           McCraw
McElveen         McMahand         McTeer
Moody-Lawrence   Neal             Neilson
Phillips         Rogers           Scott
Sheheen          Spearman         Stoddard
Tucker           Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Williams         Worley

Total--50

So, the amendment was tabled.

Rep. HODGES proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BBM\9800SD.95), which was tabled.

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

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

"Section 10. (A) A person may not serve more than a total of forty years in any combination of the following offices: United States House of Representatives, State House of Representatives, United States Senate, State Senate, Governor, Lieutenant Governor, or other state constitutional office.


Printed Page 488 . . . . . Tuesday, January 24, 1995

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

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

Yes []

No []

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

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

Rep. BAXLEY spoke in favor of the amendment.

Rep. HARRISON moved to table the amendment.

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

Yeas 65; Nays 52

Those who voted in the affirmative are:

Allison          Brown, H.        Cain
Cato             Chamblee         Cooper
Cotty            Cromer           Dantzler
Davenport        Easterday        Elliott
Fair             Felder           Fleming
Fulmer           Gamble           Hallman
Harrell          Harrison         Herdklotz


Printed Page 489 . . . . . Tuesday, January 24, 1995

Huff             Hutson           Jaskwhich
Keegan           Kelley           Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McKay            Meacham          Quinn
Rice             Richardson       Riser
Robinson         Sandifer         Seithel
Sharpe           Shissias         Simrill
Smith, D.        Smith, R.        Stuart
Thomas           Tripp            Trotter
Vaughn           Waldrop          Walker
Wells            Whatley          Wilkins
Witherspoon      Wofford          Wright
Young, A.        Young, J.

Total--65

Those who voted in the negative are:

Anderson         Askins           Baxley
Beatty           Boan             Breeland
Brown, G.        Brown, J.        Brown, T.
Byrd             Carnell          Cave
Clyburn          Cobb-Hunter      Delleney
Govan            Harris, J.       Harris, P.
Harwell          Hines            Hodges
Howard           Inabinett        Jennings
Kennedy          Keyserling       Kinon
Kirsh            Lloyd            McAbee
McCraw           McElveen         McMahand
McTeer           Moody-Lawrence   Neal
Phillips         Rhoad            Rogers
Scott            Sheheen          Spearman
Stille           Stoddard         Tucker
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Williams
Worley

Total--52

So, the amendment was tabled.


| Printed Page 470, Jan. 24 | Printed Page 490, Jan. 24 |

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