South Carolina General Assembly
114th Session, 2001-2002
Journal of the House of Representatives


Printed Page 5507 . . . . . Tuesday, September 4, 2001

Tuesday, September 4, 2001
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. RISER as follows:

O Lord, our God, we thank You for this good country and for Your providential care of it from generation to generation. We are grateful for our freedoms. We thank You for things that endure all change: beauty, goodness, truth. Sharpen our minds, quicken our energies to tasks great and small that we may help shape the future in the pattern of Your will. Make wise our thoughts, and guide our actions. And may we find our supreme joy in work well done, our chief reward in the doing of Your will. Hear, we pray, the spoken and the silent prayers that we offer and answer them according to Your plans and purposes. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Monday, August 27, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. EASTERDAY moved that when the House adjourns, it adjourn in memory of former Representative Ernest Minton Holland of Simpsonville, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 4352 (Word version) -- Reps. Rice, Robinson, Trotter and Webb: A HOUSE RESOLUTION CONGRATULATING EASLEY AMERICAN LEGION POST 52 UPON WINNING ITS FIRST AMERICAN LEGION BASEBALL STATE CHAMPIONSHIP.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 4353 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO RECOGNIZE MARTHA BEE AND ANDY ANDERSON OF HAMPTON, LONG TIME RESIDENTS AND STEWARDS OF THE COMMUNITY, FOR THEIR PUBLIC SERVICE AND SUPPORT OF MANY WORTHWHILE HAMPTON COUNTY ACTIVITIES, AND TO WISH THEM GODSPEED AS THEY MOVE ON TO LIVE NEAR THEIR SON AND HIS FAMILY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4354 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE MARYANNE G. MOORE, OF CLARENDON COUNTY, UPON RECEIPT OF THE 2001 DISTINGUISHED SERVICE AWARD FROM THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS AND TO THANK HER FOR HER CONTINUED DEDICATION TO THE FIELD OF EDUCATION IN SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4355 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE HENRIETTA CAMPBELL OF CLARENDON COUNTY ON BEING NAMED SOUTH CAROLINA EXECUTIVE OF THE YEAR BY THE CAROLINAS ASSOCIATION OF CHAMBER OF COMMERCE EXECUTIVES AND TO THANK HER FOR HER WORK IN AND DEDICATION TO HER COMMUNITY.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 4356 (Word version) -- Rep. Coates: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND MARY GEE LANGSTON OF FLORENCE COUNTY FOR HER TEN YEARS OF DEDICATED WORK AS THE DIRECTOR OF THE CAMP SEXTON CAMPING PROGRAM OF THE CENTRAL UNITED METHODIST CHURCH AND TO THANK HER FOR HER SELFLESS ATTITUDE, MANY CONTRIBUTIONS, AND CARING WAYS WHICH HAVE MADE THE DAY CAMP PROGRAM SO SUCCESSFUL AND IMPORTANT TO THE LIVES OF ITS YOUNG CAMPERS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4357 (Word version) -- Reps. J. Young, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon and A. Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF MR. JOSEPH BRITTON PACK, JR., OF


Printed Page 5510 . . . . . Tuesday, September 4, 2001

THE TOWN OF PINEWOOD, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4358 (Word version) -- Rep. Robinson: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE CONGRESS OF THE UNITED STATES TO TAKE URGENT AND FIRM ACTION TO ENSURE THE HEALTH OF THE AMERICAN TEXTILE INDUSTRY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4359 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3900 SO AS TO PROHIBIT THE TRANSPORT OF A PERSON UNDER EIGHTEEN YEARS OF AGE IN THE OPEN BED OR CARGO AREA OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE PENALTIES.
Referred to Committee on Education and Public Works

H. 4360 (Word version) -- Reps. Talley and Littlejohn: A JOINT RESOLUTION AUTHORIZING A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETIRED AND BEGAN TERI PARTICIPATION IN JANUARY 2000, TO CHANGE THE RETIREMENT ALLOWANCE OPTION ELECTED BY THE MEMBER AND PROVIDE THE ELIGIBILITY REQUIREMENTS AND METHOD OF ELECTION.
Referred to Committee on Ways and Means

H. 4361 (Word version) -- Rep. Kirsh: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-318 SO AS TO PROVIDE THAT HUNTERS MUST WEAR A HAT,


Printed Page 5511 . . . . . Tuesday, September 4, 2001

COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE WHEN HUNTING WITH CERTAIN FIREARMS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4362 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-195 SO AS TO PROVIDE THAT NO POLITICAL SUBDIVISION OF THIS STATE OR STATE OR LOCAL PUBLIC ENTITY MAY SOLICIT LITIGATION AGAINST ITSELF OR DIRECTLY OR INDIRECTLY SUPPORT THE PLAINTIFFS IN ANY SUCH LITIGATION UNLESS REQUIRED TO DO SO BY LAW OR COURT ORDER, AND TO PROVIDE THAT, WHEN A POLITICAL SUBDIVISION OR PUBLIC ENTITY IS IN VIOLATION OF THE ABOVE PROVISIONS AS DETERMINED BY THE STATE ATTORNEY GENERAL, ALL EXPENSES INCURRED FOR ATTORNEY'S FEES AND COSTS ON ITS BEHALF MUST BE PAID BY THE SUBDIVISION OR ENTITY.
Referred to Committee on Judiciary

HOUSE RESOLUTION

The following was introduced:

H. 4363 (Word version) -- Reps. Koon, Bingham, Frye, Huggins, Knotts and Riser: A HOUSE RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE FAMILY AND MANY FRIENDS OF REPRESENTATIVE FLOYD D. SPENCE, OF LEXINGTON COUNTY, LONGTIME AND BELOVED CONGRESSMAN FROM THE SECOND CONGRESSIONAL DISTRICT OF SOUTH CAROLINA, WHO PASSED AWAY AUGUST 16, 2001.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4364 (Word version) -- Rep. J. M. Neal: A HOUSE RESOLUTION TO HONOR AND EXTOL MRS. DELIE BLACKMON HINSON OF


Printed Page 5512 . . . . . Tuesday, September 4, 2001

LANCASTER COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY ON FRIDAY, SEPTEMBER 7, 2001, AND TO WISH HER MANY MORE HEALTHY AND HAPPY BIRTHDAYS IN THE YEARS TO COME.

The Resolution was adopted.

CONCURRENT RESOLUTION

On motion of Rep. MILLER, with unanimous consent, the following was taken up for immediate consideration:

H. 4365 (Word version) -- Rep. Miller: A CONCURRENT RESOLUTION DECLARING NOVEMBER 4 THROUGH 17, 2001, AS A PERIOD OF "ROOTS AND RECONCILIATION" IN GEORGETOWN, SOUTH CAROLINA, WHILE THE "FREEDOM SCHOONER AMISTAD", A REPLICA OF THE HISTORIC SHIP, DOCKS IN GEORGETOWN CREATING A UNIQUE OPPORTUNITY FOR TEACHING HISTORICAL, CULTURAL, AND SOCIAL LESSONS AND FOR ENCOURAGING AND PROMOTING RACIAL DIALOGUE AND HARMONY.

Whereas, the "Freedom Schooner Amistad", a replica of the schooner which was the scene of an historic event in 1839, will be docked in Georgetown, South Carolina, from November 4 though 17, 2001; and

Whereas, the original schooner, "Amistad", Spanish for "friendship", was the site of a shipboard rebellion in 1839 off the coast of Cuba by fifty-three African men, women, and children who had been illegally sold into slavery; and

Whereas, following the mutiny the ship sailed up the Atlantic Coast where it was seized and towed to Connecticut where the Africans were imprisoned and tried for murder; and

Whereas, the Africans eventually won their freedom after John Quincy Adams argued their case before the United States Supreme Court, resulting in a landmark case, the first civil rights decision of the Supreme Court; and


Printed Page 5513 . . . . . Tuesday, September 4, 2001

Whereas, the Africans returned to their homeland of Sierra Leone, especially meaningful to Georgetown and this event in that many African-American residents in the area trace their heritage to Sierra Leone; and

Whereas, the "Freedom Schooner Amistad" is not only a symbol of freedom, but it also represents an important episode in American history that teaches lessons of perseverance, justice, and equality while serving as a spring board for racial dialogue and communication; and

Whereas, creating this opportunity for "Roots and Reconciliation" demonstrates a genuine commitment to face issues of the past and a strong desire to move toward reconciliation and healing today and in the future; and

Whereas, the leaders of Georgetown and President Ron Ingle and the administration at Coastal Carolina University are to be commended for establishing this unique experience for the residents of Georgetown and all of South Carolina; and

Whereas, having the "Amistad" in port at the Georgetown dock is a truly mementos occasion and one to be honored and celebrated by all. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the South Carolina General Assembly, by this resolution, declare November 4 through 17, 2001, as a period of "Roots and Reconciliation" in Georgetown, South Carolina, while the "Freedom Schooner Amistad", a replica of the historic ship, docks in Georgetown creating a unique opportunity for teaching historical, cultural, and social lessons and for encouraging and promoting racial dialogue and harmony.

Be it further resolved that a copy of this resolution be forwarded to Ron Ingle, President of Coastal Carolina University.

The Concurrent Resolution was agreed to and ordered sent to the Senate.


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HOUSE RESOLUTION

The following was introduced:

H. 4366 (Word version) -- Reps. Miller and Harvin: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF CHARLES F. COOPER OF PAWLEY'S ISLAND ON AUGUST 11, 2001, AND CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4367 (Word version) -- Reps. Haskins, Wilkins, Easterday, Cato, Hamilton, Leach, Loftis and Vaughn: A CONCURRENT RESOLUTION TO COMMEND BOB JONES UNIVERSITY OF GREENVILLE FOR ITS ACADEMIC EXCELLENCE, ITS COMMITMENT TO ITS PRINCIPLES, AND ITS CONTINUING CONTRIBUTIONS TO THE ECONOMIC, CULTURAL AND SOCIAL HEALTH OF THE UPSTATE, TO NOTE THAT IN THE YEAR 2002 BOB JONES UNIVERSITY WILL CELEBRATE THE SEVENTY-FIFTH YEAR OF ITS FOUNDING, AND TO WISH THE UNIVERSITY, ITS TRUSTEES, FACULTY, STAFF, STUDENTS, ALUMNI, AND SUPPORTERS EVERY SUCCESS IN THE YEARS TO COME.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

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

Allen                  Allison                Altman
Bales                  Barfield               Barrett
Battle                 Bingham                Bowers
Breeland               Brown, G.              Brown, J.
Brown, R.              Campsen                Carnell
Cato                   Chellis                Clyburn
Coates                 Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler

Printed Page 5515 . . . . . Tuesday, September 4, 2001

Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Freeman                Frye                   Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Martin
McCraw                 McGee                  McLeod
Meacham-Richardson     Merrill                Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Owens                  Parks
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Rivers                 Rodgers                Rutherford
Sandifer               Scarborough            Scott
Sharpe                 Sheheen                Simrill
Sinclair               Smith, D.C.            Smith, F.N.
Smith, G.M.            Smith, J.R.            Smith, W.D.
Snow                   Stille                 Talley
Taylor                 Thompson               Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Weeks
Whatley                Whipper                White
Wilder                 Wilkins                Witherspoon
Young, A.              Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, September 4.

James E. Smith                    Alfred Robinson
Gloria Haskins                    Leon Howard

Total Present--120


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LEAVE OF ABSENCE

The SPEAKER granted Rep. NEILSON a leave of absence for the day due to a car accident.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARVIN a leave of absence for the day due to medical reasons.

R. 165, H. 3003--GOVERNOR'S VETO SUSTAINED

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

August 30, 2001
The Honorable David H. Wilkins
Speaker of the House
Room 508, Blatt Building
Columbia, South Carolina 29211

Dear Mr. Speaker:
Pursuant to Article IV, Section 21 of the South Carolina Constitution, I am returning without my signature H. 3003 (Word version), which includes the reapportionment plans for the South Carolina House of Representatives, South Carolina Senate and the South Carolina congressional districts. After careful deliberation, I am vetoing this legislation because I believe it violates the prohibitions against using election schemes to dilute minority voting strength and employing race as the predominant factor in designing election districts. Rather than following traditional districting principles that would respect the rich diversity of our great State, the proposed redistricting plans divide and polarize South Carolina along racial lines.
Redistricting plans must not only comply with constitutional population equality requirements and the federal Voting Rights Act, they should also rely upon other traditional districting principles such as the preservation of communities of interest and the cores of existing districts, avoidance of political and racial discrimination and polarization, and the minimization of the division of municipalities, counties, and voting precincts. Utilizing those principles, rather than manipulating or merely paying lip service to them, should lead to the


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creation of plans that reflect our state's diversity and contain districts that look like South Carolina.
Regrettably, H. 3003 appears predominantly focused on limiting the number of districts in which African-Americans can reasonably be expected to play a meaningful role in influencing the outcome of elections and the formation of legislative policy. This effort to polarize and divide our electorate along racial lines is both unlawful under federal law and profoundly wrong as a matter of public policy. We can do better.
South Carolina is a growing State, with a population increase over the last decade in excess of 15%. Even with this rapid growth, we have maintained one of our strengths--our diversity as a people. Indeed, the African-American percentage of our population has remained constant over the last decade, just under 30%, and we continue to have the second highest black population percentage of any state in the country. Most of South Carolina's counties and virtually all of our cities have African-American voting age populations of greater than 25%.
In the past, full electoral opportunities for our black citizens were limited. Dozens of methods intended to dilute and render ineffective African-American influence on the electoral process were used, including "packing" selected districts with overwhelming black majorities, using "white primaries" while conducting presumably open but meaningless general elections, and using literacy tests. In light of this history, I am particularly troubled by the dramatic reduction in the number of legislative districts between 25% and 50% African-American. It appears to be an intentional effort to reduce the number of districts in which blacks might influence the outcome of an election. With the great progress we have made in race relations and equal opportunity in South Carolina over the last generation, we cannot, in this promising new millennium, take such a step backward.
I have set forth my objections to each of the redistricting plans below:

1. South Carolina House of Representatives: Under our constitutional form of government, the House should be the body closest to and most reflective of the people. Our population in South Carolina is extraordinarily diverse. Nearly two-thirds of our counties have black voting age populations of greater than 25% and almost half of our counties have black voting age populations in the 25% to 50% range. One would never recognize this diversity of our population by examining the House reapportionment plan contained in H. 3003.


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While the racial composition of our State has remained the same over the last decade, the proposed House plan takes the State in the wrong direction and increases the number of districts that are greater than 75% white to 78 of our 124 districts (63%). This striking polarization of our election districts was accomplished by the targeting of ten House districts in which the minority community presently has sufficient voting age population to influence the outcome of elections./1 In each of these districts, which presently contain black voting age populations greater than 25%, district boundaries were conveniently altered to reduce the minority voting age populations below a 25% threshold.
1 The ten House districts targeted include Districts 16, 42, 52, 53, 65, 71, 80, 86, 113, and 124.
Early in the process of developing the House reapportionment plan, the House Judiciary Committee adopted redistricting guidelines. Unfortunately, a "non-polarization" proposal that would have prohibited map drawers from "employ[ing] standards, practices or procedures which have the purpose of, or result in, the creation of an electoral system that will consistently degrade a voter's or group of voters' influence on the political process as a whole," was rejected. If it, or a similar standard, had been adopted, perhaps the resulting racial apartheid of the House redistricting plan could have been avoided.
When reviewing the proposed House plan as a whole, it is clear that traditional districting principles were frequently ignored or manipulated and that changes were made predominantly motivated by the racial composition of the district. Under the present plan, there are 21 House districts with a black voting age population between 25% and 40% black, including the ten districts targeted by the House plan in H. 3003. This number decreases in the proposed House plan to 12, representing a dramatic and disturbing 43% decline in such districts. A district-by-district analysis exposes a pattern of racial gerrymandering designed to prevent minority citizens from playing a meaningful role in certain House races. A few examples are as follows:
--District 16, which is currently wholly contained in Laurens County, had its black voting population decreased from 25.83% to 18.22%, primarily as a result of splitting the City of Laurens along racial lines by removing two voting tabulation districts (VTD's) with a heavy African-American populations, and replacing them with an overwhelmingly white VTD across the county line in Greenville County.

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--District 65, which presently has a minority voting age population of 31.14%, had its African-American voting age population decreased to 17.31%, primarily by removing significant concentrations of black voters in the city of Hartsville and replacing them with white voters from rural Darlington and Chesterfield Counties. Specifically, Darlington County VTD 10, which has 2,596 persons and is 98% black, is taken out of District 65 and substituted with 95%+ white population in VTD's in the New Market, Baysprings, and Ousleydale areas of Chesterfield County.
--District 124 under the existing plan is a racially diverse district based in downtown Beaufort and St. Helena Island. Under the proposed plan, its minority population would decrease to 23.89%, primarily by splitting St. Helena Island and removing three VTD's that have an overall voting age population that is more than 77% black-that constitutes over 2,600 African-Americans. The removal of these black citizens of St. Helena Island from District 124 is particularly striking since a previous effort to do this in 1994 was struck down by a federal court, which noted the "unique and important community of interest between the City of Beaufort and St. Helena Island." Smith vs. Beasley, 946 F. Supp. 1174, 1200 (D.S.C. 1996).
--Districts 80 and 113, which are racially diverse districts based in Lower Richland County and in North Charleston respectively/2, have been erased under the proposed plan. The "new" Districts 80 and 113 re-emerge in Horry and Beaufort Counties, respectively, with constituencies that are more than 80% white. It is clear that the targeting of these racially diverse districts and replacing them with overwhelmingly white districts was not accidental.
I am convinced that the proposed House plan unnecessarily and unwisely polarizes our State along racial lines and diminishes the opportunities for African-Americans to participate fully in the electoral process. By decreasing the number of districts in which African Americans have a voting age population of 25% or more to just 46 districts (37%), with 27 of those being majority black districts, the
2 House District 80 in Lower Richland County currently has a black voting age population of 38.67%; House District 113 in North Charleston has a black voting age population of 32.15%. Those numbers are reduced in the proposed House plan to 18.04% and 16.45%, respectively.

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proposed plan appears designed to limit the opportunity of our state's black citizens to participate meaningfully in the selection of House members to a very narrow class of districts. The proposed House plan marginalizes the role of black voters in the vast majority of districts. An alternative plan rejected by the House during debate over the House plan would have maintained the state's electoral diversity while respecting requirements of the Voting Rights Act and complying with our state's traditional districting principles. I urge the General Assembly to consider available alternatives which rely primarily on traditional districting principles and respect and honor South Carolina's rich diversity.
2. South Carolina Senate: The proposed Senate plan follows the pattern established in the House plan of targeting potential districts of minority influence and removing sufficient black voters to eliminate any meaningful role in determining the outcome of elections./3 Ironically, the proposed Senate plan produces the almost identical result of the proposed House plan of reducing the number of districts in which minorities might reasonably influence the outcome (25% or more African-American voting age population) to no more than 37% of the total districts (17 of 46). The Senate plan goes even further and targets two additional districts with minority voting age populations slightly below 25% and removes significant concentrations of black voters from those districts to avoid any possibility of minorities influencing the outcome of those elections./4 A few examples are as follows:
3 The targeted districts with black voting age populations presently above 25% are Districts 31, 37, and 43.
4 Those targeted districts with minority voting age populations presently slightly under 25% include Districts 18 and 20. The proposed Senate plan also makes a rather bizarre swap of major portions of the populations of Districts 23 and 26, contrary to the established redistricting principle of preserving the core of existing districts.
--District 37 under the present Senate districting plan has a black voting age population of 41.17%. The core of the district is fundamentally restructured in H. 3003, with large numbers of mostly rural African-Americans removed and replaced with large blocks of mostly suburban white voters. The resulting district would be stripped of over half its black voters and have a black voting age population of 20.18%. The proposed Senate District 37 violates the established Senate districting criteria of preserving cores of existing

Printed Page 5521 . . . . . Tuesday, September 4, 2001

districts and is a transparent attempt to remove and marginalize the district's African-American voters.
--District 31, which presently has a minority population of nearly 30%, has been reconfigured to remove significant concentrations of African-American voters, most notably in VTD's in Marlboro County and the City of Florence. These have been replaced by large blocks of predominately white VTD's elsewhere in Florence County, resulting in a district slightly over 22% African-American.
--District 43, a racially diverse, urban district including portions of the Cities of Charleston and North Charleston and adjoining Berkeley County, bears absolutely no resemblance to its current configuration or constituency in the proposed Senate plan. It would lose 100% of its existing constituents and territory and become a coastal resort district stretching from Mount Pleasant to Myrtle Beach that is overwhelmingly white. The resulting district is transformed from one with a black voting age population of nearly 30% to one with a black voting age population of less than 14%. This proposed district certainly fails to follow the traditional districting principle of respecting the core of existing districts.
The proposed Senate plan, like the House plan, polarizes our election districts along racial lines and fails to follow traditional districting principles. Although nearly half of our counties have black voting age populations between 25% and 50%, less than a fifth of the Senate districts have such diverse populations. Conversely, while only about a third of our counties have white voting age populations greater than 75%, over three-fifths of the Senate Districts contain such overwhelming white majorities. These types of racial divisions, fairly called a form of electoral apartheid, are unlawful and are the product of an electoral scheme predominantly based upon race. The General Assembly had before it an alternative Senate plan which more closely followed traditional districting principles, split fewer counties, adhered to requirements under the Voting Rights Act and respected the rich diversity of our State. I urge the General Assembly to try again to adopt a redistricting plan which is reflective of the communities of interest and other traditional districting principles utilized by South Carolina, rather than use race as the predominant factor or target African-American voters in minority influence districts.

3. United States Congress: A significant traditional districting principle, long utilized in South Carolina, is respect for county lines.


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Where possible, the preference is to keep counties whole because it reduces voter confusion and allows better identity between the voters and their elected officials. The South Carolina Senate Judiciary Committee specifically provided for consideration of county lines as one of its criteria for the drawing of electoral districts. While maintaining the integrity of county lines is often difficult in smaller districts, such as State House seats, congressional districts very often afford the opportunity to keep counties whole.
The proposed congressional reapportionment plan in H. 3003 unnecessarily splits Calhoun, Orangeburg and Georgetown Counties. In an alternative plan, Orangeburg and Calhoun Counties were whole in the Sixth Congressional District and Georgetown County was whole in the First Congressional District. Under H. 3003, Orangeburg and Calhoun Counties were split between the Second and Sixth District, while Colleton County was placed in the Sixth District. By simply placing Colleton County whole in the Second District, as proposed by the alternative plan, Orangeburg and Calhoun Counties can be made whole in the Sixth District. The split of Georgetown County is also easily remedied by placing the county whole in the First Congressional District. These changes will reduce by 30% the number of county splits in South Carolina's congressional district map and provide for less voter confusion and greater identity with congressional representatives.
Once my veto is sustained, I welcome the opportunity to discuss specific changes in the legislation which would address my concerns set forth above. I am confident that, utilizing traditional districting principles, the General Assembly can adopt a reapportionment plan that satisfies all legal requirements, which I would look forward to signing.

Sincerely,
Jim Hodges
Governor

Rep. HARRISON spoke against the Veto.

Rep. JENNINGS spoke in favor of the Veto.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WILKINS spoke against the Veto.


Printed Page 5523 . . . . . Tuesday, September 4, 2001

SPEAKER IN CHAIR

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 73; Nays 46

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bingham                Campsen
Cato                   Chellis                Coates
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 McCraw
McGee                  Meacham-Richardson     Merrill
Owens                  Perry                  Phillips
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scarborough            Sharpe                 Simrill
Sinclair               Smith, D.C.            Smith, G.M.
Smith, J.R.            Smith, W.D.            Stille
Talley                 Taylor                 Thompson
Townsend               Trotter                Vaughn
Walker                 Webb                   White
Wilkins                Witherspoon            Young, A.
Young, J.

Total--73

Those who voted in the negative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Carnell
Clyburn                Cobb-Hunter            Coleman

Printed Page 5524 . . . . . Tuesday, September 4, 2001

Emory                  Freeman                Gourdine
Govan                  Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Jennings               Kennedy                Lee
Lloyd                  Lourie                 Mack
McLeod                 Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Ott
Parks                  Rhoad                  Rivers
Rutherford             Scott                  Sheheen
Smith, F.N.            Smith, J.E.            Snow
Weeks                  Whatley                Whipper
Wilder

Total--46

So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

I voted to sustain the veto because I agree with the reasons articulated in the Governor's veto letter. I support the particular provisions of H. 3003 as they relate to Sumter County.

Rep. J. David Weeks

RECORD FOR VOTING

If I had been present, I would have voted to sustain the veto of the Governor. I was unable to attend session due to medical reasons.

Rep. Alex Harvin III

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4349 (Word version) -- Reps. Knotts, Bingham, Quinn and Whatley: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF SEPTEMBER AS "PROSTATE CANCER AWARENESS MONTH" AND CALL ON THE PEOPLE OF THE STATE, INTERESTED GROUPS, AND AFFECTED PERSONS TO PROMOTE AWARENESS OF PROSTATE CANCER, TAKE AN ACTIVE ROLE IN THE FIGHT TO END THE DEVASTATING EFFECTS OF PROSTATE CANCER ON INDIVIDUALS, THEIR FAMILIES, AND THE ECONOMY, AND OBSERVE THE MONTH OF


Printed Page 5525 . . . . . Tuesday, September 4, 2001

SEPTEMBER WITH APPROPRIATE EDUCATIONAL ACTIVITIES.

H. 4367 (Word version) -- Reps. Haskins, Wilkins Easterday, Cato, Hamilton, Leach, Loftis, and Vaughn: A CONCURRENT RESOLUTION TO COMMEND BOB JONES UNIVERSITY OF GREENVILLE FOR ITS ACADEMIC EXCELLENCE, ITS COMMITMENT TO ITS PRINCIPLES, AND ITS CONTINUING CONTRIBUTIONS TO THE ECONOMIC, CULTURAL AND SOCIAL HEALTH OF THE UPSTATE, TO NOTE THAT IN THE YEAR 2002 BOB JONES UNIVERSITY WILL CELEBRATE THE SEVENTY-FIFTH YEAR OF ITS FOUNDING, AND TO WISH THE UNIVERSITY, ITS TRUSTEES, FACULTY, STAFF, STUDENTS, ALUMNI, AND SUPPORTERS EVERY SUCCESS IN THE YEARS TO COME.

Rep. KNOTTS moved that the House recede, subject to the call of the Chair, which was agreed to.

ADJOURNMENT

At 1:00 p.m. the House, in accordance with the motion of Rep. KNOTTS, receded subject to the call of the Chair, in memory of former Representative Ernest Minton Holland of Simpsonville.

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