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SECTION 6. 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 6 of the Constitution of this State relating to the Senate be amended so as to provide that Senators may serve only three complete four-year terms in office and to provide that Senators serving in office when this provision is ratified into law may complete the term which they are currently serving if the above term limitations apply to them?

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 7. Article III, Section 6 of the Constitution of South Carolina, 1895, is amended by adding the following paragraph at the end:

"A member of the Senate serving in office on the effective date of the ratification of the provision in this section limiting the number of terms a Senator may serve in addition to completing his then current term may also serve three new terms thereafter."

SECTION 8. 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 6 of the Constitution of this State relating to the Senate be amended so as to provide that Senators serving in office when this provision is ratified into law may in addition to completing the term

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 9. Article VI, Section 7 of the Constitution of South Carolina, 1895, is amended to read:

"Section 7. There shall must be elected by the qualified voters of the State a Secretary of State, an Attorney General, a Treasurer, a Superintendent of Education, Comptroller General, Commissioner of Agriculture, and an Adjutant General who shall hold their respective offices for a term of four years coterminous with that of the Governor. The duties and compensation of such these offices shall must be prescribed by law and their compensation shall must be neither increased nor diminished during the period for which they shall have been elected.

These constitutional officers may not serve more than three complete four-year terms. A constitutional officer serving in office on the effective date of the ratification of the provision in this section limiting the number of terms a constitutional officer may serve may continue to serve his then current term if the above term limitations apply to him. 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 10. 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, Section 7 of the Constitution of this State relating to the constitutional officers of this State be amended so as to provide that these constitutional officers may not serve more than three complete four-year terms and to provide that a constitutional officer of this State serving in office when this provision is ratified into law may complete the term which he is currently serving if the above term limitations apply to them?

SECTION 11. Article VI, Section 7 of the Constitution of South Carolina, 1895, is amended by adding the following paragraph at the end:

"A constitutional officer serving in office on the effective date of the ratification of the provision in this section limiting the number of terms a constitutional officer may serve in addition to completing his then current term may also serve three four-year terms thereafter."

SECTION 12. 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, Section 7 of the Constitution of this State relating to the constitutional officers of this State be amended so as to provide that a constitutional officer of this State serving in office when this provision is ratified into law may in addition to completing the term which he is currently serving may also serve three four-year terms thereafter?

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

Rep. JENNINGS spoke in favor of the amendment.

Rep. McELVEEN spoke in favor of the amendment.

Rep. WOFFORD spoke against the amendment.

Rep. HARRISON moved to table the amendment.

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

Those who voted in the affirmative are:

Allison          Brown, H.        Cain
Cato             Chamblee         Cooper
Cotty            Cromer           Dantzler
Davenport        Easterday        Fair

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

Those who voted in the negative are:

Anderson         Askins           Baxley
Beatty           Breeland         Brown, G.
Brown, T.        Byrd             Canty
Carnell          Cave             Clyburn
Cobb-Hunter      Delleney         Elliott
Gamble           Govan            Harris, J.
Harris, P.       Harvin           Hines
Hodges           Howard           Inabinett
Jennings         Kennedy          Keyserling
Kinon            Kirsh            Lloyd
Martin           McCraw           McElveen
McMahand         McTeer           Moody-Lawrence
Neilson          Phillips         Richardson
Rogers           Scott            Seithel
Sheheen          Spearman         Stille
Tucker           Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Williams         Worley

Rep. HUFF moved immediate cloture on the entire matter.

Rep. McTEER raised the Point of Order that the House was out of order as it should have adjourned at 2:15 P.M. under Rule 6.1.

Rep. HUFF stated that the House receded subject to returning at 2:30 P.M. and by returning at 2:30 P.M. the House moved to waive the 2:15 P.M. adjournment time.

Rep. McTEER stated that anytime after 2:15 P.M. that the House was in session the Point could be raised.

The SPEAKER stated that last Tuesday the Rule had been waived and he questioned whether the Point could be raised.

Rep. McTEER argued that it could be waived before the Point was raised.

The SPEAKER stated that the House had receded until 2:30 P.M.

Rep. McTEER stated that anytime after 2:15 P.M., according to the second paragraph of Rule 6.1, the House shall stand adjourned.

Rep. HUFF stated that when the House voted to recede until 2:30 P.M. that was waiving the Rule because the return of the House to conduct its daily affairs was at 2:30 P.M. and was after 2:15 P.M.

Rep. SHEHEEN stated that there were several precedents in the books where the House had been in session after 2:15 P.M. on Tuesday and he had sustained the Point before. He further stated that in order for the Rule to be waived it would require a specific vote like the one made to waive the 1:00 P.M. mandatory recess for lunch.

The SPEAKER stated under the language of Rule 6.1, the vote by the majority of the House to recede to 2:30 P.M. which is after 2:15 P.M. was in effect a waiver or superseding of the Rule.

Rep. SHEHEEN stated that it took a specific vote on that question because it was designed to protect the committee meetings that were scheduled to be held today and were posted and to protect citizens coming here for the first six weeks.

Rep. HUFF inquired about Rule 6.1 and it stating during the first six weeks of the legislative sessions, unless a majority of the House members present object the House shall adjourn at 2:15 P.M. He then questioned whether it meant that a majority of the House could object to adjournment of 2:15 P.M. or did it take a specific vote to waive it.

The SPEAKER stated that you could object or waive it like the House did last Tuesday.

Rep. McELVEEN stated that under our Rules, the motion took effect automatically once it was insisted upon by a member and therefore, no further motions could be entertained.

The SPEAKER stated that Rep. HUFF had asked for immediate cloture but if he agreed with Rep. McTEER then no motion would be entertained because the House would not legally be in session. He further stated that he had looked at the precedents and he had found Points of Order sustained by Rep. SHEHEEN and others that were raised after 1:00 P.M. He further stated that he could not find any precedents that dealt with a Point of Order raised after 2:15 P.M.

Rep. McTEER stated that the principle did not make a difference.

The SPEAKER stated that it did make a difference for the reason that the motion to recede until 2:30 P.M. supersedes the standard set by Rule 6.1 which states that unless a majority of the House members present object then the House shall adjourn at 2:15 P.M. He further stated that when the Body agreed to recess and return at 2:30 P.M., then they objected to adjourning for the day a 2:15 P.M. and he overruled the Point of Order.

Rep. HUFF withdrew the motion to invoke immediate cloture.

Rep. GOVAN proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\GJK\21297SD.95), which was tabled.

Amend the resolution, as and if amended, by striking SECTIONS 1, 2, 3, and 4 and inserting:

/SECTION 1. It is proposed that Article III of the Constitution of South Carolina, 1895, is amended by adding:

"Section 38. The General Assembly by law shall provide for the manner in which the qualified electors of House election districts and Senate election districts may limit the number of terms the members of the General Assembly elected from these districts may serve. The limitation on the number of terms must be uniform for all House districts and also must be uniform for all senatorial districts."

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 Article III of the Constitution of this State relating to the legislative department be amended so as to provide that the General

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. GOVAN explained the amendment.

Rep. HUFF 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          Anderson         Brown, H.
Cain             Carnell          Cato
Chamblee         Cooper           Cotty
Cromer           Dantzler         Davenport
Delleney         Easterday        Elliott
Fair             Felder           Fleming
Fulmer           Gamble           Hallman
Harrell          Harris, J.       Harris, P.
Harrison         Herdklotz        Huff
Hutson           Keegan           Kelley
Keyserling       Kinon            Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McKay            Meacham          Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Sandifer
Seithel          Sharpe           Sheheen

Shissias         Simrill          Smith, D.
Smith, R.        Stille           Stuart
Thomas           Townsend         Tripp
Trotter          Vaughn           Waldrop
Walker           Wells            Whatley
Whipper, S.      Wilder           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Those who voted in the negative are:

Askins           Baxley           Beatty
Breeland         Brown, G.        Brown, J.
Brown, T.        Byrd             Canty
Cave             Clyburn          Cobb-Hunter
Govan            Harvin           Hines
Hodges           Howard           Inabinett
Jennings         Kennedy          Kirsh
Lloyd            McAbee           McElveen
McTeer           Moody-Lawrence   Neal
Phillips         Scott            Spearman
Tucker           Whipper, L.      White
Wilkes           Williams

So, the amendment was tabled.

Reps. McTEER, McELVEEN, KEYSERLING, TOWNSEND and KENNEDY spoke upon the Joint Resolution.

Rep. D. SMITH spoke in favor of the Joint Resolution.

Rep. McELVEEN spoke upon 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          Brown, H.        Brown, J.
Cain             Cato             Chamblee

Cooper           Cotty            Cromer
Dantzler         Davenport        Easterday
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Hallman          Harrell          Harris, J.
Harrison         Herdklotz        Huff
Hutson           Keegan           Kelley
Kinon            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McKay
Meacham          Neilson          Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Sandifer
Seithel          Sharpe           Shissias
Simrill          Smith, D.        Smith, R.
Stille           Stuart           Thomas
Townsend         Tripp            Trotter
Vaughn           Waldrop          Walker
Wells            Whatley          Wilder
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, A.
Young, J.

Those who voted in the negative are:

Carnell          Cave             Cobb-Hunter
Harris, P.       McAbee

So, the Joint Resolution was read the second time and ordered to third reading.

We want to be able to vote for H. 3281, but we believe strongly that it's terms should uniformly apply to all South Carolinians, and not single out sitting legislators for special exemption. Laws written to apply to the people of South Carolina should be made to apply to legislators as well.

Rep. RALPH ANDERSON Rep. DOUGLAS JENNINGS, JR.

Rep. J. MICHAEL BAXLEYRep. JUANITA M. WHITE

Rep. DONALD W. BEATTYRep. JESSE E. HINES

Rep. HERBERT KIRSH Rep. PATRICK B. HARRIS

Rep. MARION P. CARNELLRep. JOHN W. TUCKER, JR.

Rep. DOUGLAS E. McTEER, JR.Rep. TIMOTHY F. ROGERS

Rep. CURTIS B. INABINETTRep. WALTER P. LLOYD

Rep. HARRY R. ASKINS Rep. TIMOTHY C. WILKES

Rep. DONNY WILDER Rep. EUGENE C. STODDARD

Rep. WILLIE B. McMAHANDRep. LUCILLE S. WHIPPER

Rep. JACKSON S. WHIPPERRep. OLIN R. PHILLIPS

Rep. E. DeWITT McCRAWRep. JAMES H. HODGES

Rep. JOSEPH H. NEAL Rep. JOHN L. SCOTT, JR.

Rep. LEON HOWARD Rep. ALMA W. BYRD

Rep. DEWITT WILLIAMS Rep. ROBERT J. SHEHEEN

Rep. GRADY A. BROWN Rep. MOLLY M. SPEARMAN

Rep. F.G. DELLENEY, JR.Rep. FLOYD BREELAND

Rep. BESSIE MOODY-LAWRENCE

I was absent from the session today because I was representing a client in Federal District Court in Charleston and could not get out of this case. Had I been present, I would have voted in favor of the Resolution.

Rep. TERRY E. HASKINS

I abstained on the vote on second reading passage of H. 3281, a Joint Resolution proposing a constitutional amendment providing for term limits for House and Senate members and Constitutional Officers.

I abstained not because I oppose term limits. I came back to Columbia this year prepared to support term limits.

However, I cannot in good conscience support any measure which provides special consideration to members of the General Assembly by grandfathering members' current and prior service.

Further, I cannot support a measure which denies the voters the opportunity to decide when the term limit clock starts ticking in the referendum when they decide on term limits.

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