Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words of St. Mark, who writes like a news reporter, in the New Revised Standard Version, 1:31f.:
"A crowd was sitting around him; and they
said to him 'Your mother and your brothers
and sisters are outside, asking for you.'
And he replied, 'Who are my mother and my
brothers?' And looking at those who sat
around him, he said, 'HERE ARE MY MOTHER
AND MY BROTHERS! WHOEVER DOES THE WILL OF
GOD IS MY BROTHER AND SISTER AND MOTHER'."
Let us pray.
Our Father in heaven, we pray this morning for spiritual maturity! Help us to be aware of Who we are, Why we are here, and Where we may be going if, perhaps, we may know WHAT WE OUGHT TO BE DOING on the way.
Give strength of purpose to those who lead, loyalty to those who follow, that we all may give some semblance of selfless service... today.
Amen.
Senator BRYAN made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator BRYAN moved that a call of the Senate be made. The following Senators answered the call:
Alexander Bryan Cork Courson Drummond Elliott Ford Giese Glover Holland Jackson Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Reese Richter Rose Russell Ryberg Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Wilson
A quorum being present, the Senate resumed.
Senators WILLIAMS, GREGORY and SETZLER recorded their presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator McCONNELL introduced Dr. Layton McCurdy of Charleston, S.C., Doctor of the Day.
On motion of Senator WALDREP, at 11:45 A.M., Senator COURTNEY was granted a leave of absence for today.
The following were introduced:
S. 562 -- Senators Rose, Mescher and Richter: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO PROVIDE THAT EXCEPT FOR THE APPOINTMENT OF MAGISTRATES, MEMBERS OF COUNTY BOARDS OF REGISTRATION, AND COUNTY COMMISSIONERS OF ELECTION, AN ACTION OR VOTE BY A COUNTY LEGISLATIVE DELEGATION, COUNTY HOUSE DELEGATION, OR COUNTY SENATE DELEGATION WHICH AFFECTS ONLY ONE COUNTY MAY BE DEVOLVED UPON THE COUNTY GOVERNING BODY IF THE COUNTY GOVERNING BODY AGREES TO ACCEPT THE ACTION AND NOTIFIES THE CODE COMMISSIONER OF ITS ACCEPTANCE AND TO FURTHER PROVIDE THAT IF SUCH ACTIONS REMAIN WITH THE DELEGATION, THEY MUST BE CARRIED OUT BY USE OF A WEIGHTED VOTING FORMULA; BY ADDING SECTION 2-1-210, SO AS TO PROVIDE THAT AN ACTION OR VOTE BY A LEGISLATIVE DELEGATION OF THE GENERAL ASSEMBLY REPRESENTING A MULTI-COUNTY AREA MUST UTILIZE THE WEIGHTED VOTING FORMULA; AND TO DIRECT THE CODE COMMISSIONER TO MODIFY ALL CODE SECTIONS WHICH ARE INCONSISTENT WITH THIS ACT AND TO INDICATE IN THE NOTES FOLLOWING A CODE SECTION ANY ACTION ACCEPTED BY A COUNTY GOVERNING BODY.
Read the first time and referred to the Committee on Judiciary.
S. 563 -- Senator Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF, ONE OF THIS STATE'S MOST PROMINENT EDUCATORS, CARROLL FREDERICK REAMES OF ANDERSON, WHO DIED FRIDAY, FEBRUARY 10, 1995.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 564 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3655 -- Reps. J. Brown, Clyburn, Anderson, Williams and Breeland: A CONCURRENT RESOLUTION COMMENDING ALLEN UNIVERSITY FOR ONE HUNDRED TWENTY-FIVE YEARS OF PROGRESS, COMMITMENT, AND DEDICATION IN THE SHAPING OF PRODUCTIVE LIVES, PLEDGING SUPPORT TO THE POSITIVE ASPIRATIONS OF ALLEN UNIVERSITY AND EXTENDING TO THE UNIVERSITY BEST WISHES AND HOPES FOR A PRODUCTIVE FUTURE THAT CONTINUES THE ACCOMPLISHMENTS OF THE PAST.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3656 -- Rep. Anderson: A CONCURRENT RESOLUTION COMMENDING MARTHA GAMBLE HALL OF MAULDIN ON HER TENURE AS NATIONAL ALUMNI PRESIDENT OF THE JOHNSON C. SMITH UNIVERSITY GENERAL ALUMNI ASSOCIATION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3657 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WAYNE TATE AND HIS FAMILY FOR THE TIRELESS WORK AND COUNTLESS HOURS DONATED TO THE BOILING SPRINGS HIGH SCHOOL BAND BOOSTER CLUB.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3262 -- Reps. Harrison, Baxley, Jennings, Cobb-Hunter, Beatty, Huff, Martin, S. Whipper, L. Whipper and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-547 SO AS TO ENSURE THE RIGHT OF BREAST IMPLANT VICTIMS WHO ARE MEMBERS OF THE SETTLEMENT CLASS OF THE IN RE SILICONE GEL BREAST IMPLANT PRODUCTS LIABILITY LITIGATION (MDL 926) TO BRING AN ACTION FOR PERSONAL INJURIES OR DEATH.
Read the first time and referred to the Committee on Judiciary.
H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.
Read the first time and referred to the Committee on Judiciary.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
S. 532 -- Senators J. Verne Smith, Drummond, Setzler, Leatherman, Giese, Reese, Lander, Elliott, Mescher, Martin, Alexander and Ryberg: A BILL TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 3331 -- Rep. Kirsh: A BILL TO REPEAL SECTION 40-60-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATE OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 3575 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable report on:
H. 3576 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS TO TAKE STEP 3 OF THE UNITED STATES MEDICAL LICENSING EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1773, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
S. 177 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-450 SO AS TO PROVIDE THAT THE REVENUES OF ANY TAX, FEE, OR CHARGE LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLELY FOR THE PURPOSE FOR WHICH THE PROCEEDS OF THE TAX, FEE, OR CHARGE WERE TO BE APPLIED AT THE TIME OF ENACTMENT EXCEPT UPON AN AFFIRMATIVE VOTE OF TWO-THIRDS OF THE TOTAL MEMBERSHIP OF EACH HOUSE OF THE GENERAL ASSEMBLY.
Senators ROSE and LEATHERMAN spoke on the Bill.
S. 561 -- Finance Committee: A BILL TO AMEND SECTION 57-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REQUIRE INTEREST EARNED FROM THE FUND TO BE DEPOSITED IN THE FUND.
Senator DRUMMOND spoke on the Bill.
S. 97 -- Senators Hayes, Elliott, Giese and Wilson: A BILL TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS AND FRAUDULENT APPROPRIATION OF THE SAME, SO AS TO, AMONG OTHER THINGS, ESTABLISH CERTAIN NEW MISDEMEANOR OFFENSES, INCLUDING THAT OF WILFUL AND FRAUDULENT FAILURE TO RETURN A MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE OR RENTAL AGREEMENT HAS EXPIRED, AND PROVIDE PENALTIES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0097.004), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 33, in Section 16-13-420 (A)(1), as contained in SECTION 1, by striking lines 33 through 34 in their entirety and inserting therein the following:
/trailer, appliance, equipment, or tool within seventy-two hours after seven days from the date the lease or rental agreement has expired; or/.
Amend the bill further, as and if amended, page 2, beginning on line 17, in Section 16-13-420, as contained in SECTION 1, by striking lines 17 through 27 in their entirety and inserting therein the following:
/who returns the property within seven days of the expiration of the lease or rental agreement is guilty of a misdemeanor triable in magistrate's court and, upon conviction, must be imprisoned not more than thirty days or fined not more than five hundred dollars, or both.
(D) The provisions of this section do not apply to lease-purchase agreements or conditional sales type contracts."/.
Amend title to conform.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
S. 44 -- Senators Courson, Wilson and Gregory: A BILL TO AMEND SECTION 17-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITIZEN ARREST, BY DELETING LANGUAGE RELATING TO EVIL INTENT SO AS TO PROVIDE THAT A CITIZEN'S ARREST MAY BE MADE WHEN A PERSON ENTERS A DWELLING HOUSE ILLEGALLY WITHOUT EXPRESS OR IMPLIED PERMISSION.
S. 285 -- Senators Passailaigue, Rose and McConnell: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
S. 357 -- Senator McGill: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON ELECTRICITY USED BY MANUFACTURERS, MINERS, OR QUARRIERS TO MANUFACTURE, MINE, OR QUARRY TANGIBLE PERSONAL PROPERTY FOR SALE TO INCLUDE ELECTRICITY USED BY COTTON GIN OPERATORS.
H. 3206 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Kelley, Rhoad, Shissias, Wilkes and Chamblee: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.
Senators GIESE and MOORE spoke on the Joint Resolution.
On motion of Senator GIESE, H. 3206 was ordered to receive a third reading on Friday, February 24, 1995.
H. 3593 -- Rep. McMahand: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO INSTALL AN ELECTRONIC TRAFFIC SIGNAL AT THE INTERSECTION OF SOUTH CAROLINA ROUTE 20 AND LENHARDT ROAD IN GREENVILLE COUNTY.
On motion of Senator STILWELL, H. 3593 was ordered to receive a third reading on Friday, February 24, 1995.
S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The Finance Committee proposed the following amendment (GJK\21461SD.95), which was adopted:
Amend the bill, as and if amended, in Section 11-27-110(B) of the 1976 Code, as contained in SECTION 1, by inserting immediately after /agreement,/ on line 17, page 3 /a lease purchase agreement for energy efficiency products as provided for in Section 48-52-660, or a guaranteed energy savings contract as provided for in Section 48-52-670,/
Renumber sections to conform.
Amend totals and title to conform.
Senator LANDER objected to further consideration of the Bill.
S. 469 -- Senator Cork: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0469.001), which was adopted:
Amend the bill, as and if amended, page 1, line 34, in Section 27-32-10(7), as contained in SECTION 1, by striking /of/ and inserting therein /for/.
Amend the bill further, as and if amended, page 1, line 41, in Section 27-32-10(7), as contained in SECTION 1, by striking /of/ and inserting therein /for/.
Amend title to conform.
The Bill was carried over.
H. 3612 -- Reps. Harrison and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, MARCH 1, 1995.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 445 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF HIGHWAY 76-178 FROM BELTON TO HONEA PATH IN ANDERSON COUNTY IN HONOR OF ERNEST A. BURRISS.
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.
The Transportation Committee proposed the following amendment (445R001.JCL), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/Whereas, Mr. Ernest Allen Burriss was an employee of the South Carolina Department of Highways and Public Transportation from 1921 until his death in 1954; and
Whereas, while employed by the Department of Highways and Public Transportation, Mr. Burriss served with distinction as the Maintenance Supervisor in charge of the Belton District; and
Whereas, it is fitting and proper that the portion of South Carolina Highway 20 in Anderson County from the City of Belton to the Ernest Allen Burriss Career Center be designated and named the "Ernest Allen Burriss Memorial Highway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the Department of Transportation to designate and name the portion of State Highway 20 in Anderson County from Williamston southward through Belton to the Abbeville County line described above in this resolution as the "Ernest Allen Burriss Memorial Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Ernest Allen Burriss Highway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of Ernest Allen Burriss./
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
There being no further amendments, the Concurrent Resolution was adopted and ordered sent to the House with amendments.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
S. 42 -- Senators Courson, Rose, Wilson, Reese and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senator COURSON moved that the Joint Resolution be carried over.
Senator PASSAILAIGUE moved to table the motion to carry over.
Senator BRYAN made a Parliamentary Inquiry as to whether the motion to carry over was subject to a tabling motion.
The PRESIDENT stated that the motion to carry over was subject to a tabling motion.
The question then was the motion to table the motion to carry over.
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Cork Courson Drummond Elliott Ford Giese Glover Holland Jackson Lander Leatherman Leventis Martin Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Setzler Short Smith, G. Smith, J.V. Stilwell Washington Wilson
NAYS
Mescher Thomas Waldrep
The motion to carry over was laid on the table.
Senator BRYAN proposed the following Amendment No. 2 (JUD0042.006), which was adopted:
Amend the resolution, as and if amended, page 1, line 38, as contained in SECTION 1, by striking /the election laws/ and inserting therein / Sections 7-13-1920 (tampering with a voting machine), 7-25-20 (fraudulent registration or voting), 7-25-50 (bribery at elections), 7-25-60 (procuring or offering to procure votes by bribery), 7-25-110 (voting more than once at elections), 7-25-120 (impersonating a voter), or 7-25-150 (swearing falsely at elections/taking oath in another's name)/.
Amend the resolution further, as and if amended, page 2, line 10, as contained in SECTION 2, by inserting after the word /law/ the following:
/or a violation of certain election laws/.
Amend the resolution further, as and if amended, page 2, line 33, as contained in SECTION 3, by striking /the election laws/ and inserting therein /Sections 7-13-1920 (tampering with a voting machine), 7-25-20 (fraudulent registration or voting), 7-25-50 (bribery at elections), 7-25-60 (procuring or offering to procure votes by bribery), 7-25-110 (voting more than once at elections), 7-25-120 (impersonating a voter), or 7-25-150 (swearing falsely at elections/taking oath in another's name)/.
Amend the resolution further, as and if amended, page 3, line 6, as contained in SECTION 4, by striking /the/ and inserting therein /certain/.
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senators PASSAILAIGUE and RANKIN proposed the following Amendment No. 3 (JUD0042.004):
Amend the resolution, as and if amended, page 1, beginning on line 27, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. It is proposed that Article III, Section 7 of the Constitution of this State be amended to read:
"Section 7. (A) No person shall be is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the Senatorial district in regard to any particular seat as may be designated by the General Assembly, as to the Senate, and in the county, as to the House, in which he may be chosen. Senators shall must be at least twenty-five and Representatives at least twenty-one years of age. No person who has been convicted of a felony under state or federal law or a violation of the election laws, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives.
(B) Effective immediately upon the date of the ratification into law of this section, a person who is in the last year of a sixth consecutive term as a member of the House of Representatives, or who is in the last year of a third consecutive term as a member of the Senate, or who has served twelve consecutive years in the General Assembly either as a member of the Senate or House of Representatives or a combination thereof shall not be eligible for a seat in the General Assembly. No member is required to vacate his seat during any term for which he was elected." /
Amend the resolution further, as and if amended, page 2, beginning on line 1, by striking SECTION 2 in its entirety and inserting therein the following:
/ SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article III, Section 7 of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law or a violation of the election laws, including a plea of guilty or nolo contendere to these offenses and that no person who is in the last year of a sixth consecutive term as a member of the House of Representatives, or who is in the last year of a third consecutive term as a member of the Senate, or who has served twelve consecutive years in the General Assembly either as a member of the Senate or House of Representatives or a combination thereof shall be eligible for a seat in the General Assembly and to prohibit a member from being required to vacate his seat during any term for which he was elected?
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'." /
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator COURSON raised a Point of Order under Rule 25 that the amendment was out of order inasmuch as it was not germane to the Joint Resolution.
Senators PASSAILAIGUE, THOMAS, McCONNELL and LEATHERMAN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.
On motion of Senator BRYAN, at 12:27 P.M., Senator GIESE was granted a leave of absence until 1:45 P.M. today.
Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.
At 12:30 P.M., Senator RYBERG requested a leave of absence until Tuesday, February 28, 1995, at Noon.
On motion of Senator MESCHER, at 12:30 P.M., Senator ROSE was granted a leave of absence until 1:15 P.M. today.
Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment and Senator McCONNELL argued contra.
With Senator McCONNELL retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand adjourned.
Debate was interrupted by adjournment, Senator McCONNELL retaining the floor.
MOTION ADOPTED
On motion of Senator LEATHERMAN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Francis "Swamp Fox" Marion.
By prior motion of Senator COURTNEY of Thursday, February 9, 1995, the Senate agreed that when the Senate stands adjourned on Thursdays in statewide session, that it stand adjourned to reconvene on Fridays at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and that when the Senate stands adjourned on Fridays, that it stand adjourned to reconvene on Tuesdays at 12:00 Noon.
At 1:05 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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