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

Page Finder Index

| Printed Page 760, Feb. 8 | Printed Page 780, Feb. 8 |


Printed Page 770 . . . . . Wednesday, February 8, 1995

ORDERED TO THIRD READING

The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 3505 -- Education and Public Works Committee: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

Rep. COOPER explained the Bill.

H. 3506 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 3507 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 3508 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 3509 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS


Printed Page 771 . . . . . Wednesday, February 8, 1995

REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 3510 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, PROVISIONS FOR GRANTING HIGH SCHOOL CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 3511 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND TRAFFIC ON THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. STILLE explained the Joint Resolution.

H. 3512--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3512 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE REPEAL OF PARENT-ORIENTED EDUCATION PROGRAMS AND THE PROMULGATION OF PARENT/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

POINT OF ORDER

Rep. McTEER made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the


Printed Page 772 . . . . . Wednesday, February 8, 1995

Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3517--POINT OF ORDER

The following Bill was taken up.

H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.

POINT OF ORDER

Rep. STUART made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.


Printed Page 773 . . . . . Wednesday, February 8, 1995

H. 3281--AMENDED AND SENT TO THE SENATE

The following Joint Resolution was taken up.

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 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.

Amend Title To Conform

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

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

No member of the House may serve more than six complete terms. For those House members elected in the 1994 election whether or not they have prior House service, the limitation on terms herein contained begins with the terms starting in January, 1995. For those members elected after 1994 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1994. Service in another


Printed Page 774 . . . . . Wednesday, February 8, 1995

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 once the limitation begins."

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, Section 2 of the Constitution of this State relating to the House of Representatives be amended so as to provide that no member of the House may serve more than six complete terms, to provide that for those House members elected in the 1994 election whether or not they have prior House service, this limitation on terms begins with the term starting in January, 1995, and to provide that for those members elected after 1994 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1994?

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 3. It is proposed that Article III, Section 6 of the Constitution of South Carolina, 1895, is amended to read:

"Section 6. The Senate shall must be composed of one member chosen from each County senatorial election district as established by law, to be elected for the term of four years by the qualified electors in each County, of the district in the same manner in which members of the House of Representatives are chosen.
No member of the Senate may serve more than three complete terms. For those Senators elected in the 1996 election whether or not they have prior Senate service, the limitation on terms herein contained begins with the terms starting in January, 1997. For those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996. 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 once the limitation begins."

SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots


Printed Page 775 . . . . . Wednesday, February 8, 1995

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 no member of the Senate may serve more than three complete terms, to provide that for those Senators elected in the 1996 election whether or not they have prior Senate service, this limitation on terms begins with the terms starting in January, 1997, and to provide that for those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996?

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 5. It is proposed that 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.

No constitutional officer referenced above may serve more than three complete terms. For those constitutional officers elected in the 1994 election whether or not they have prior service in that constitutional office, the limitation on terms herein contained begins with the terms starting in January, 1995. For those constitutional officers elected after 1994 whether or not they have prior service in that constitutional office, the limitation begins with the terms the constitutional officers first serve after 1994. 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 once the limitations begins."

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:


Printed Page 776 . . . . . Wednesday, February 8, 1995

"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 no constitutional officer may serve more than three complete terms, to provide that for those constitutional officers elected in the 1994 election whether or not they have prior service in that constitutional office, this limitation on terms begins with the terms starting in January, 1995, and to provide that for those constitutional officers elected after 1994 whether or not they have prior service in that constitutional office, the limitation begins with the term the constitutional officer first serves after 1994?
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'."

The Judiciary Committee proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\GJK\21323SD.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 Article III, Section 2 of the Constitution of South Carolina, 1895, is amended to read:

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

No member of the House may serve more than six complete terms. For those House members elected in the 1994 election whether or not they have prior House service, the limitation on terms herein contained begins with the terms starting in January, 1995. For those members elected after 1994 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1994. 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 once the limitation begins."

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:


Printed Page 777 . . . . . Wednesday, February 8, 1995

"Must Article III, Section 2 of the Constitution of this State relating to the House of Representatives be amended so as to provide that no member of the House may serve more than six complete terms, to provide that for those House members elected in the 1994 election whether or not they have prior House service, this limitation on terms begins with the term starting in January, 1995, and to provide that for those members elected after 1994 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1994?
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 3. It is proposed that Article III, Section 6 of the Constitution of South Carolina, 1895, is amended to read:

"Section 6. The Senate shall must be composed of one member chosen from each County senatorial election district as established by law, to be elected for the term of four years by the qualified electors in each County, of the district in the same manner in which members of the House of Representatives are chosen.
No member of the Senate may serve more than three complete terms. For those Senators elected in the 1996 election whether or not they have prior Senate service, the limitation on terms herein contained begins with the terms starting in January, 1997. For those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996. 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 once the limitation begins."

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 III, Section 6 of the Constitution of this State relating to the Senate be amended so as to provide that no member of the Senate may serve more than three complete terms, to provide that for those Senators elected in the 1996 election whether or not they have prior Senate service, this limitation on terms begins with the terms starting in January, 1997, and to provide that for those Senators elected after 1996 whether or not


Printed Page 778 . . . . . Wednesday, February 8, 1995

they have prior Senate service, the limitation begins with the terms the members first serve after 1996?
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 5. It is proposed that 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.

No constitutional officer referenced above may serve more than three complete terms. For those constitutional officers elected in the 1994 election whether or not they have prior service in that constitutional office, the limitation on terms herein contained begins with the terms starting in January, 1995. For those constitutional officers elected after 1994 whether or not they have prior service in that constitutional office, the limitation begins with the terms the constitutional officers first serve after 1994. 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 once the limitations begin."

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 VI, Section 7 of the Constitution of this State relating to the constitutional officers of this State be amended so as to provide that no constitutional officer may serve more than three complete terms, to provide that for those constitutional officers elected in the 1994 election whether or not they have prior service in that constitutional office, this limitation on terms begins with the terms starting in January, 1995, and to provide that for those constitutional officers elected after 1994 whether


Printed Page 779 . . . . . Wednesday, February 8, 1995

or not they have prior service in that constitutional office, the limitation begins with the term the constitutional officer first serves after 1994?
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. HARRISON explained the amendment.

Rep. ROGERS spoke against the amendment.

The amendment was then adopted.

Reps. NEAL, ROGERS and HODGES proposed the following Amendment No. 2A (Doc Name L:\council\legis\amend\GJK\21352SD.95), which was ruled out of order.

Amend the Report of the Committee on Judiciary, as and if amended, in SECTION 1,beginning on line 32, page 3281-1, by striking /For those House members elected in the 1994 election whether or not they have prior House service, the limitation on terms herein contained begins with the terms starting in January, 1995. For those members elected after 1994 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1994./ and inserting /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 if the above term limitations apply to him./

Amend the Report further, as and if amended, in SECTION 2, beginning on line 7, page 3281-2, by striking /to provide that for those House members elected in the 1994 election whether or not they have prior House service, this limitation on terms begins with the term starting in January, 1995, and to provide that for those members elected after 1994 whether or not they have prior House service, the limitation begins with the terms the members first serve after 1994/ and inserting /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 if the above term limitations apply to them/

Amend the Report further, as and if amended, in SECTION 3, beginning on line 28, page 3281-2, by striking /For those Senators elected


Printed Page 780 . . . . . Wednesday, February 8, 1995

in the 1996 election whether or not they have prior Senate service, the limitation on terms herein contained begins with the terms starting in January, 1997. For those Senators elected after 1996 whether or not they have prior Senate service, the limitation begins with the terms the members first serve after 1996./ and inserting /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 may continue to serve his then current term if the above term limitations apply to him./


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