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 610, Feb. 1 | Printed Page 630, Feb. 1 |

Printed Page 620 . . . . . Wednesday, February 1, 1995

S. 422 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF DECEMBER 15 AND 16, 1994, MISSED BY THE STUDENTS OF BUSBEE MIDDLE SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO IN LEXINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Rep. GAMBLE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison          Anderson         Askins
Bailey           Baxley           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Brown, T.        Byrd
Cain             Canty            Carnell
Cato             Cave             Chamblee
Clyburn          Cobb-Hunter      Cooper
Cotty            Cromer           Dantzler
Davenport        Delleney         Easterday
Fair             Felder           Fleming
Fulmer           Gamble           Govan
Hallman          Harrell          Harris, J.
Harris, P.       Harrison         Harvin
Harwell          Haskins          Herdklotz
Hines            Howard           Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Knotts           Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Lloyd
Marchbanks       Martin           Mason


Printed Page 621 . . . . . Wednesday, February 1, 1995

McAbee           McCraw           McElveen
McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Rogers
Sandifer         Scott            Seithel
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stoddard
Stuart           Thomas           Townsend
Tripp            Trotter          Tucker
Vaughn           Waldrop          Walker
Wells            Whatley          Whipper, L.
Whipper, S.      White            Wilder
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, February 1. James H. Hodges Donald W. Beatty Larry L. Elliott Thomas E. Huff

Total Present--124

LEAVE OF ABSENCE

The SPEAKER granted Rep. SCOTT a temporary leave of absence.

STATEMENT FOR JOURNAL

I was temporarily absent to attend a Richland County Zoning Commission meeting concerning a landfill in the Highland Forest community and Fairlawn community concerning zoning change for towing service.

Rep. JOHN L. SCOTT, JR.

DOCTOR OF THE DAY

Announcement was made that Dr. C. Tucker Weston of Columbia is the Doctor of the Day for the General Assembly.


Printed Page 622 . . . . . Wednesday, February 1, 1995

H. 3205--AMENDED AND INTERRUPTED DEBATE

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

H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.

Rep. KNOTTS moved to adjourn debate upon the Bill until Tuesday, February 14.

Rep. KOON moved to table the motion, which was agreed to by a division vote of 3 to 2.

Rep. STUART proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21317SD.95), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Notwithstanding any other provision of law, beginning with the 1996 election, the Board of Trustees of Lexington County School District 1 consists of seven members who must be elected in nonpartisan elections to be held at the same time as the general election in even-numbered years in the manner hereinafter provided. One member of the board must be a resident of Election District 1 established in Section 3 of this act, one member must be a resident of Election District 2, and five members must be residents of Election District 3. Each of these seven members shall be elected from the school district at large by the qualified electors of the school district. Members of the board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members elected in 1996, three members residing in Election District 3 shall serve initial terms of two years each and the member residing in Election District 1, the member residing in


Printed Page 623 . . . . . Wednesday, February 1, 1995

Election District 2, and two members residing in Election District 3 shall serve initial terms of four years each. The initial terms of the five members of the board residing in Election District 3 shall be determined by the number of votes received, with the two members receiving the highest number of votes to serve initial four-year terms, and the three members receiving the next highest number of votes to serve initial two-year terms. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the remainder of the unexpired term or for a full term as appropriate at the next regular election.

Each member of the board must be elected by the qualified electors of the school district. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission, or with the clerk of court on forms furnished by the commission which forms must be transmitted to the commission by the clerk of court. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district in which he resides and from which election is sought, and other information as the county election commission requires. The filing period opens on the first Tuesday in September at noon to run for two weeks.

The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. If no candidate offers for election from Election Districts 1 or 2 and thereafter no candidate is certified as elected from Election Districts 1 or 2 or if a sufficient number of candidates do not offer for election from Election District 3 and thereafter a sufficient number of candidates are not certified as elected from Election District 3 in any election, the board shall appoint the member or these members of the board to serve for the specified term. The expenses of the election must be paid by the district. The members of the board elected in these


Printed Page 624 . . . . . Wednesday, February 1, 1995

nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.

The members of the board serving in office on the date of the 1996 election shall continue to serve until the members elected in the 1996 election qualify and take office, at which time the terms of these members of the board then serving shall expire.

SECTION 2. Three members of the board of trustees of Lexington County School District 1 shall be elected in 1995 in a special nonpartisan election to be held on the second Tuesday in May of 1995 if the United States Department of Justice has precleared this special election under the federal voting rights act by the date the filing period opens in April as hereinafter provided, or if a court of competent jurisdiction has authorized this special election by this date. If the United States Department of Justice has not precleared this special election under the federal voting rights act by the date the filing period opens in April, or if a court of competent jurisdiction has not authorized this special election by this date, this special election must be held on the second Tuesday in September of 1995. These members shall be elected to fill the seats occupied by the three present members of the board whose terms were scheduled to expire in 1994 but who now serve in a hold-over capacity because the 1994 election to elect their successors was enjoined by a court of competent jurisdiction. This special election must be conducted by the county election commission in the same manner provided in Section 1 of this act and the procedures therein provided apply to this special election mutatis mutandis, except that these three members must be elected from the school district at large by the qualified electors of the school district without regard to residency in any particular election district and except that the filing period for this special election opens on the first Tuesday in April at noon to run for two weeks if the United States Department of Justice has precleared this special election under the federal voting rights act by this date, or if a court of competent jurisdiction has authorized this special election this date. If such is not the case, the filing period for this special election opens on the first Tuesday in August at noon to run for two weeks.

The three present members of the board serving in a hold-over capacity shall serve until the three members elected in this 1995 special election qualify and take office, at which time these hold-over members shall cease being members of the board. The members of the board elected at this special election in 1995 shall serve until their successors elected in the 1996 election qualify and take office, at which time their terms shall expire.


Printed Page 625 . . . . . Wednesday, February 1, 1995

SECTION 3. The three defined election districts from which members of the board of trustees of Lexington County School District 1 must reside beginning in 1996 are as follows:

DISTRICT 1
Area. . . . .Population

Lexington County

BOILING SPRINGS

Tract 0209.00

Blocks: 123, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 280, 281, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 622. . . . . 1,344

Tract 0210.09

Blocks: 231, 232, 233, 234, 236, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 249, 250, 251, 252, 253, 254, 255, 256, 257. . . . . 738

EDMUND

Tract 0209.00

Blocks: 185, 186, 187, 208, 209, 210, 211, 212, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 357, 363. . . . . 1,356

FAIRVIEW. . . . . 555

MACK EDISTO

Tract 0209.00

Blocks: 536, 537, 539, 540, 541, 542, 544, 545, 546, 547, 548, 549, 550, 551, 552, 567, 569, 570, 571, 572, 573, 574, 575, 576. . . . . 145

PELION

Tract 0209.00

Blocks: 358, 360, 361, 362, 364, 365, 366, 367, 368, 371, 378, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 423, 424, 425, 435, 436, 437A, 437B, 437C, 438, 439, 440, 441, 442, 443, 444A, 444B, 444C, 445, 446, 447A, 447B, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459,


Printed Page 626 . . . . . Wednesday, February 1, 1995

462, 463, 501, 502A, 502B, 502C, 503, 504A, 504B, 505A, 505B, 506A, 506B, 507A, 507B, 508A, 508B, 509A, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 538, 543, 584, 585, 601, 602, 603A, 603B, 603C, 603D, 604, 605, 606, 607, 618, 619, 620, 621, 623, 624A, 624B, 625, 626A, 626B, 626C, 626D, 626E, 626F, 626G, 626H, 626J, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636A, 636B, 636C, 636D, 637A, 637B, 637C, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 668, 669, 670, 671, 672, 673, 674A, 674B, 674C, 674D, 674E, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684. . . . . 2,682

POND BRANCH

Tract 0213.00

Blocks: 901, 902, 903, 904, 905, 906, 907, 908, 909, 914, 915, 916, 917, 918, 919, 920, 921, 922, 940, 942, 943, 944, 945, 946, 953, 954, 958, 959, 960, 961, 962, 963, 964, 970, 971, 972, 973, 983, 984, 985, 991, 992, 996, 997. . . . . 456

ROUND HILL

Tract 0210.04

Blocks: 238. . . . . 2

SHARPES HILL

Tract 0209.00

Blocks: 356, 359, 369, 370, 373, 374, 375, 376, 377, 402, 403. . . . . 160

DISTRICT TOTAL. . . . . 7,438

DISTRICT 2
Area. . . . .Population

Lexington County

BOILING SPRINGS

Tract 0213.00

Blocks: 817, 818, 819, 820, 868, 869, 870. . . . . 280

CRAPPS STORE. . . . . 589

GILBERT . . . . . 1,671


Printed Page 627 . . . . . Wednesday, February 1, 1995

HOLLOW CREEK

Tract 0213.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 192, 193, 194, 195, 196, 197, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 506, 507, 508, 509, 510, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545. . . . . 1,636

LEESVILLE

Tract 0213.00

Blocks: 687, 688, 760, 761, 768, 769, 770, 771, 772, 773, 774, 775, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 790, 791, 792, 793, 794, 795, 796, 797. . . . . 414

Tract 0214.00

Blocks: 669, 670, 701, 729, 730. . . . . 50

POND BRANCH

Tract 0213.00

Blocks: 808, 809, 810, 811, 815, 816, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 886, 887, 888, 889, 890, 891, 897. . . . . 1,234

RIDGE ROAD

Tract 0213.00

Blocks: 420, 421, 438, 439, 440, 441, 443. . . . . 58

Tract 0214.00

Blocks: 112. . . . . 15

ROUND HILL

Tract 0213.00

Blocks: 630, 641, 655, 658, 659, 660, 661. . . . . 150


Printed Page 628 . . . . . Wednesday, February 1, 1995

SUMMIT . . . . . 1,307

DISTRICT TOTAL. . . . . 7,404

DISTRICT 3
Area. . . . .Population

Lexington County

BOILING SPRINGS

Tract 0210.09

Blocks: 213, 214, 215, 217, 218, 219, 220, 221, 226, 227, 228, 229, 230, 237. . . . . 164

CROMER . . . . . 6,290

EDMUND

Tract 0209.00

Blocks: 103, 104, 105, 106, 107, 111, 112, 113, 114, 116, 117, 118, 119, 120, 121, 122, 124, 125, 126, 127, 128, 129, 131, 194, 196, 197. . . . . 681

EMMANUEL CHURCH

Tract 0210.08

Blocks: 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 601, 602, 603, 604, 605, 606, 613, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633. . . . . 2,225

HOLLOW CREEK

Tract 0213.00

Blocks: 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 501, 502, 503, 504, 505, 511, 512, 513, 514, 515, 516, 517, 518. . . . . 467

LAKE MURRAY. . . . . 1,935

LAKESIDE. . . . . 2,421

LEXINGTON 1. . . . . 5,740

LEXINGTON 2. . . . . 3,513

MOUNT HOREB. . . . . 2,649

OLD BARNWELL STORE

Tract 0206.02

Blocks: 907A, 907B. . . . . 340

Tract 0210.08

Blocks: 201, 202, 208, 209, 210, 211, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320. . . . . 2,767

RED BANK SOUTH. . . . . 2,777

RED BANK. . . . . 5,117


Printed Page 629 . . . . . Wednesday, February 1, 1995

ROUND HILL

Tract 0210.04

Blocks: 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 224, 225, 226, 227, 228, 229, 230, 233, 234, 235, 236, 237. . . . . 829

Tract 0213.00

Blocks: 601, 602, 631, 632, 633, 634, 635, 636, 637, 638, 656, 657, 662, 801, 802. . . . . 430

DISTRICT TOTAL. . . . . 38,345

SECTION 4. If a member of the board of trustees of Lexington County School District 1 beginning with the 1996 election moves his residence from the election district in which he resided at the time of his election, his office becomes vacant automatically.

SECTION 5. Act 217 of 1993 is repealed.

SECTION 6. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KNOTTS spoke against the amendment.

The amendment was then adopted by a division vote of 3 to 2.

Rep. KNOTTS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\5340CM.95).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Notwithstanding any other provision of law, the Board of Trustees of Lexington County School District 1 consists of seven members who, except for the 1995 special election, must be elected in nonpartisan elections to be held at the same time as the general election in even-numbered years beginning in 1996 in the manner hereinafter provided. Each member of the board must be a resident of the school district and shall be elected by the qualified electors of the school district at large a specifically numbered seat. Each seat on the board shall be numbered and candidates must file for and be elected from a specifically numbered seat. The three seats on the board to be filled in the 1995 special election as provided in Section 2 of this act are designated as Seats 1, 2, and 3, respectively, and the remaining four seats which shall be filled in the 1996 election are designated as Seats 4, 5, 6, and 7, respectively. The members elected in the 1995 special election shall serve until the three members from those seats elected in the 1996 election qualify and take office. At the 1996 election, members elected from Seats


Printed Page 630 . . . . . Wednesday, February 1, 1995

1, 2, and 3 shall serve four-year terms and members elected from Seats 4, 5, 6, and 7 shall serve two-year terms. Thereafter, all members shall be elected for four-year terms. Members of the board shall serve until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within six months of a regular trustee election. In this case, the vacancy must be filled for the remainder of the unexpired term or for a full term as appropriate at the next regular election.


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