Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 1710, Mar. 27 | Printed Page 1730, Mar. 27 |

Printed Page 1720 . . . . . Wednesday, March 27, 1996

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 XVII of the Constitution of this State be amended by adding Section 16 so as to prohibit the State of South Carolina or any of its political subdivisions from using race, sex, color, ethnicity, or national origin as a criterion for either discriminating against or for any individual or group in the operation of the state's system of public employment, public education, or public contracting?

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'."

AMENDMENT NO. 2--ADOPTED

Debate was resumed on Amendment No. 2 by Rep. L. WHIPPER.

Rep. L. WHIPPER continued speaking.

The amendment was then adopted.

The question then recurred to the passage of the Joint Resolution, as amended, on second reading.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 85; Nays 22

Those who voted in the affirmative are:

Allison              Askins               Brown, H.
Brown, J.            Cain                 Carnell
Cato                 Chamblee             Cooper
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Elliott              Felder               Fleming
Gamble               Hallman              Harrell
Harris, J.           Harrison             Haskins
Herdklotz            Hodges               Hutson
Inabinett            Jaskwhich            Keegan

Printed Page 1721 . . . . . Wednesday, March 27, 1996

Kelley               Keyserling           Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Law
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           Mason
McCraw               McKay                Meacham
Neilson              Phillips             Quinn
Rhoad                Rice                 Richardson
Riser                Robinson             Rogers
Sandifer             Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart
Thomas               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Wells                Whatley
Whipper, L.          Wilder               Wilkins
Witherspoon          Wofford              Wright
Young-Brickell

Total--85

Those who voted in the negative are:

Anderson             Breeland             Brown, G.
Brown, T.            Byrd                 Canty
Cave                 Clyburn              Cobb-Hunter
Hines, J.            Hines, M.            Howard
Kennedy              Lee                  Lloyd
McMahand             Moody-Lawrence       Neal
Scott                Whipper, S.          White
Williams             

Total--22

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

SPEAKER IN CHAIR
Printed Page 1722 . . . . . Wednesday, March 27, 1996

S. 1101--DEBATE ADJOURNED

The following Bill was taken up.

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3617DW.96).

Amend the bill, as and if amended, Section 7-5-10, SECTION 1, page 2, by striking beginning on line 3 /a reasonable period of time after their appointment/ and inserting:

/eighteen months after their appointment or reappointment/.

When amended the section reads:

/"Section 7-5-10. Between the first day of January and the fifteenth day of March in every even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the board of registration of __________ County. The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.


Printed Page 1723 . . . . . Wednesday, March 27, 1996

Members must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."/

Amend further, Section 7-5-35, SECTION 2, page 2, by striking beginning on line 17 /a reasonable period of time after their appointment/ and inserting:

/eighteen months after their appointment or reappointment/.

When amended the section reads:

/"Section 7-5-35. If a county operates its elections through an election and registration commission composed of seven members, the structure and composition are not affected or changed by the provisions of this act. However, the provisions for inclusion of majority and minority party representatives upon the commission and upon the expanded commission as constituted for primary elections and protests must be applied to the seven-member commission, mutatis mutandis.

Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."/

Amend further, Section 7-13-70, SECTION 3, page 4, by striking beginning on line 7 /a reasonable period of time after their appointment/ and inserting:

/eighteen months after their appointment or reappointment/.

When amended the section reads:

"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall must appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor shall must notify the State Election Commission in writing of the appointments. The State Election Commission shall must verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five


Printed Page 1724 . . . . . Wednesday, March 27, 1996

hundred electors, or portion of each five hundred electors, registered to vote at the polling place. For primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof. The commissioners shall also appoint from among the managers a clerk for each polling place in the county, and none of the officers may be removed from office except for incompetence or misconduct. For all other primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment the commissioners, managers, and clerks shall must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: `I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.

It The oath must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers,


Printed Page 1725 . . . . . Wednesday, March 27, 1996

and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct.

Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."/

Amend title to conform.

Rep. CROMER explained the amendment and moved to adjourn debate upon the Bill until Thursday, March 28, which was adopted.

H. 4779--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SHARPE explained the Joint Resolution.

Rep. SHARPE moved to adjourn debate upon the Joint Resolution until Thursday, March 28, which was adopted.

H. 3812--RECONSIDERED AND OBJECTIONS

Rep. LIMBAUGH moved to reconsider the vote whereby the following Joint Resolution, as amended, was given a second reading.

H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser,


Printed Page 1726 . . . . . Wednesday, March 27, 1996

Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

Rep. LIMBAUGH spoke in favor of the motion to reconsider.

Rep. J. BROWN moved to table the motion to reconsider.

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

Yeas 27; Nays 81

Those who voted in the affirmative are:

Anderson             Breeland             Brown, G.
Brown, J.            Brown, T.            Byrd
Canty                Cave                 Clyburn
Cobb-Hunter          Govan                Harvin
Hines, J.            Hines, M.            Howard
Inabinett            Kennedy              Lee
Lloyd                McMahand             McTeer
Moody-Lawrence       Neal                 Scott
Whipper, L.          Whipper, S.          White

Total--27

Those who voted in the negative are:

Allison              Askins               Brown, H.
Cain                 Carnell              Cato
Chamblee             Cooper               Cotty
Dantzler             Davenport            Delleney
Easterday            Elliott              Felder
Fleming              Fulmer               Gamble
Hallman              Harrell              Harris, J.

Printed Page 1727 . . . . . Wednesday, March 27, 1996

Harrison             Haskins              Herdklotz
Hutson               Keegan               Kelley
Keyserling           Kinon                Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Mason                McCraw
McKay                Meacham              Neilson
Phillips             Quinn                Rhoad
Rice                 Richardson           Riser
Robinson             Sandifer             Seithel
Sharpe               Sheheen              Shissias
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Stuart               Thomas               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Wilder
Wilkins              Witherspoon          Wofford
Worley               Wright               Young-Brickell

Total--81

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.

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

Yeas 76; Nays 28

Those who voted in the affirmative are:

Allison              Askins               Brown, H.
Cain                 Carnell              Cato
Chamblee             Cooper               Cotty
Dantzler             Davenport            Delleney
Easterday            Elliott              Felder
Fleming              Gamble               Harrell
Harris, J.           Harrison             Haskins
Herdklotz            Hutson               Keegan
Kelley               Kinon                Kirsh

Printed Page 1728 . . . . . Wednesday, March 27, 1996

Klauber              Knotts               Koon
Lanford              Law                  Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Mason                McCraw
McKay                Meacham              Neilson
Phillips             Quinn                Rhoad
Rice                 Richardson           Riser
Robinson             Sandifer             Seithel
Sharpe               Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stoddard             Stuart               Thomas
Townsend             Tripp                Trotter
Tucker               Vaughn               Waldrop
Walker               Wells                Whatley
Wilder               Wilkins              Witherspoon
Wofford              Worley               Wright
Young-Brickell

Total--76

Those who voted in the negative are:

Anderson             Breeland             Brown, G.
Brown, J.            Brown, T.            Byrd
Canty                Cave                 Clyburn
Cobb-Hunter          Govan                Harvin
Hines, J.            Hines, M.            Howard
Inabinett            Kennedy              Lee
Lloyd                McElveen             McMahand
McTeer               Moody-Lawrence       Neal
Scott                Whipper, L.          Whipper, S.
White                

Total--28

So, the motion to reconsider was agreed to.

Reps. SCOTT, KENNEDY, GOVAN, NEAL, CANTY, LLOYD, WHITE, COBB-HUNTER, J. BROWN, MOODY-LAWRENCE, CAVE, HOWARD, CLYBURN, J. HINES, LEE, ANDERSON and McMAHAND objected to the Joint Resolution.


Printed Page 1729 . . . . . Wednesday, March 27, 1996

H. 3021--OBJECTIONS

The following Joint Resolution was taken up.

H. 3021 -- Reps. Scott, Kelley and Lloyd: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Rep. TRIPP moved to continue the Joint Resolution.

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

Yeas 46; Nays 66

Those who voted in the affirmative are:

Allison              Anderson             Brown, H.
Brown, T.            Cain                 Canty
Carnell              Cato                 Cooper
Davenport            Delleney             Easterday
Harris, J.           Haskins              Herdklotz
Hines, M.            Jaskwhich            Kirsh
Klauber              Koon                 Limbaugh
Littlejohn           Loftis               Marchbanks
McElveen             McKay                McMahand
McTeer               Meacham              Moody-Lawrence
Neal                 Rice                 Robinson
Sandifer             Sharpe               Simrill
Stille               Tripp                Trotter
Vaughn               Waldrop              Walker
Wells                Whipper, L.          Wilkins
Witherspoon

Total--46

Those who voted in the negative are:

Askins               Baxley               Breeland
Brown, G.            Brown, J.            Byrd
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cotty                Cromer
Dantzler             Elliott              Felder

Printed Page 1730 . . . . . Wednesday, March 27, 1996

Fulmer               Gamble               Govan
Hallman              Harrell              Harrison
Harvin               Hines, J.            Howard
Hutson               Inabinett            Keegan
Kelley               Kennedy              Keyserling
Kinon                Knotts               Lanford
Law                  Lee                  Limehouse
Lloyd                Martin               Mason
Neilson              Phillips             Quinn
Rhoad                Richardson           Riser
Rogers               Scott                Seithel
Sheheen              Shissias             Smith, D.
Smith, R.            Spearman             Stoddard
Stuart               Thomas               Tucker
Whatley              Whipper, S.          White
Wilder               Williams             Wofford
Worley               Wright               Young-Brickell

Total--66

So, the House refused to continue the Joint Resolution.


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