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


Printed Page 499 . . . . . Thursday, February 7, 2002

Thursday, February 7, 2002
(Statewide Session)

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, St. Matthew records an intriguing statement of Jesus in Chapter 6:22:

"The eye is the lamp of the body.

So, if your eye is healthy, your whole body will be full of light; ..."
Let us pray.

Father, we know that You yearn that we may know the truth and be liberated by the application of the truth.

Dear Lord, open our minds' eyes that we may, not only see the facts of our daily existence, but may have the ability to interpret the facts and fashion a course of action that may lead to what the Psalmist had in mind when he prayed (Psalm 119):

"Open my eyes, so that I may behold wondrous things out of Your law."
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2646
Agency: Department of Health and Environmental Control
SUBJECT: Standards for the Permitting of Agricultural Animal Facilities
Received by Lieutenant Governor February 6, 2002
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration June 6, 2002


Printed Page 500 . . . . . Thursday, February 7, 2002

REGULATION WITHDRAWN

The following was received:

Document No. 2620
Agency: Department of Insurance
SUBJECT: Percentage Named Storm or Wind/Hail Deductible
Received by Lieutenant Governor April 26, 2001
Referred to Banking and Insurance Committee
Legislative Review Expiration August 24, 2001 (Subject to Sine Die Revision)
House LCI Committee Requested Withdrawal January 31, 2002
120 Day Period Tolled
Withdrawn February 6, 2002

Doctor of the Day

Senator McCONNELL introduced Dr. Roy Nickles of Charleston, S.C., Doctor of the Day.

Leave of Absence

At 11:10 A.M., Senator MATTHEWS requested a leave of absence beginning at 11:15 A.M. and lasting until Tuesday, February 12, 2001.

Leave of Absence

At 11:10 A.M., Senator GLOVER requested a leave of absence beginning at 11:15 A.M. and lasting until Tuesday, February 12, 2001.

Motion to Ratify Adopted

At 11:15 A.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:00 Noon.

There was no objection and a message was sent to the House accordingly.

CO-SPONSOR ADDED

S. 86 (Word version) -- Senators Wilson, Grooms, Mescher, Elliott, Reese and Branton: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFULLY CARRYING A PISTOL, SO AS TO PROVIDE THAT A RETIRED, PREVIOUSLY-COMMISSIONED LAW ENFORCEMENT OFFICER LAWFULLY MAY CARRY A PISTOL


Printed Page 501 . . . . . Thursday, February 7, 2002

AND DELETE THE REQUIREMENT THAT HE WORKS AS A PRIVATE DETECTIVE OR INVESTIGATOR, AND THAT A LAW ENFORCEMENT OFFICER WHO HAS COMPLETED SUCCESSFULLY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY'S FIREARMS QUALIFICATION COURSE AND WHO COMPLIES WITH HIS EMPLOYING AGENCY'S FIREARMS POLICY MAY CARRY CERTAIN FIREARMS WHILE OFF DUTY.

On motion of Senator HAWKINS, with unanimous consent, the name of Senator HAWKINS was added as a co-sponsor of S. 86.

RECALLED, READ THE SECOND TIME

H. 4612 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA GUARD STUDENT LOAN REPAYMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2678, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator GIESE asked unanimous consent to make a motion to recall the Joint Resolutions from the Committee on Education.

There was no objection.

The Resolution was recalled from the Committee.

Senator GIESE asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.

Senator GIESE asked unanimous consent to give the Joint Resolution a second reading and place the Resolution on the third reading Calendar.

There was no objection.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 993 (Word version) -- Senator Martin: A SENATE RESOLUTION TO COMMEND AND CONGRATULATE THE PICKENS HIGH


Printed Page 502 . . . . . Thursday, February 7, 2002

SCHOOL LADY BLUE FLAME VOLLEYBALL TEAM FOR AN OUTSTANDING SEASON AND FOR WINNING THE STATE AAA CHAMPIONSHIP, AND TO HONOR COACH PEGGY ANTHONY FOR HER EXCELLENT COACHING.
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Senators MARTIN and THOMAS spoke on the Resolution.

The Senate Resolution was adopted.

Privilege of the Floor

On motion of Senator MARTIN, with unanimous consent, the Privilege of the Floor was extended to   Coach Peggy Anthony of the Pickens Ladies Volleyball Team.

Senator MARTIN presented Coach Anthony with the Resolution.

S. 994 (Word version) -- Senators Thomas, McConnell, J. Verne Smith, Matthews, Patterson, Hayes, Jackson, Short, Ravenel, Reese, Drummond and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 37-2-309 AND 37-3-308 SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH THE CREDIT SALE OF A PURCHASER-OCCUPIED MANUFACTURED HOME OR A LOAN FOR THE PURCHASE, REFINANCING, OR CONSOLIDATION OF A LOAN SECURED BY A BORROWER-OCCUPIED MANUFACTURED HOME; TO AMEND SECTION 37-5-203, RELATING TO CIVIL PENALTIES FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO REFERENCE THE DISCLOSURES REQUIRED IN CONNECTION WITH A CREDIT SALE OF OR LOAN SECURED BY A MANUFACTURED HOME AND TO INCREASE THE PENALTY AMOUNT; BY ADDING SECTION 37-10-109 SO AS TO PROHIBIT A LENDER FROM KNOWINGLY ENGAGING IN FLIPPING A HOME LOAN AND TO DEFINE "FLIPPING" AND "HOME LOAN"; BY ADDING SECTION 37-10-111 SO AS TO PROVIDE THAT A LENDER WHO EXTENDS A HOME LOAN SECURED BY A LIEN ON REAL ESTATE MAY NOT PAY A RESIDENTIAL BUILDER OR RESIDENTIAL SPECIALTY CONTRACTOR FOR THE REPAIR, IMPROVEMENT, OR REIMPROVEMENT OF A RESIDENCE FROM THE PROCEEDS OF THE HOME LOAN UNLESS CERTAIN CONDITIONS ARE MET AND TO DEFINE "HOME LOAN"; BY ADDING SECTION 37-10-113 SO AS TO LIMIT THE


Printed Page 503 . . . . . Thursday, February 7, 2002

IMPOSITION OF CHARGES FOR POINTS AND FEES IN CONNECTION WITH A LOAN MADE BY A CONSUMER LENDER AND A MORTGAGE LOAN BROKER AND TO DEFINE "POINTS AND FEES" AND "TOTAL LOAN AMOUNT"; BY ADDING SECTION 37-10-115 SO AS TO PROVIDE THAT A CREDIT SALE OR LOAN SECURED BY THE SOUTH CAROLINA DWELLING PLACE OF THE PURCHASER OR BORROWER IS COVERED BY SOUTH CAROLINA LAW; BY ADDING SECTIONS 37-2-417, 37-3-413, AND 37-10-117, ALL SO AS TO PROHIBIT THE FINANCING OF CERTAIN INSURANCE PREMIUMS OR DEBT CANCELLATION OR SUSPENSION PAYMENTS IN CONNECTION WITH A CREDIT SALE OR LOAN SECURED BY A HOME; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABILITY IN CONSUMER CREDIT TRANSACTIONS, SO AS TO PROVIDE THAT, IF CONSIDERING CERTAIN FACTORS, THE CONSUMER IS UNABLE TO MAKE SCHEDULED PAYMENTS ON THE OBLIGATION WHEN DUE OR IS PERMITTED TO ENTER INTO A TRANSACTION FROM WHICH HE DERIVES NO SUBSTANTIAL BENEFIT, THE COURT MAY FIND THE TRANSACTION UNCONSCIONABLE; TO AMEND SECTION 37-10-105, AS AMENDED, RELATING TO DEBTOR REMEDIES IN CERTAIN LOANS, SO AS TO INCLUDE CERTAIN FACTORS ON WHICH THE COURT MAY BASE A FINDING THAT THE LOAN IS UNCONSCIONABLE; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS; TO AMEND SECTION 37-1-109, RELATING TO THE CHANGE OF DOLLAR AMOUNTS IN THE CONSUMER PROTECTION CODE, SO AS TO ADD THAT LIMIT OF ONE HUNDRED FIFTY THOUSAND DOLLARS AS AN AMOUNT SUBJECT TO CHANGE ACCORDING TO CERTAIN INDICES; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO LOAN FINANCE CHARGES ON CONSUMER LOANS, SO AS TO PROVIDE THAT CERTAIN FINANCE CHARGE LIMITS APPLY TO A LOAN BY A SUPERVISED LENDER WITH SCHEDULED LOAN PAYMENTS OF FEWER THAN ONE HUNDRED TWENTY DAYS AND TO PROVIDE FOR AN ABSOLUTE LIMIT OF THIRTY-SIX PERCENT ON THE PAYOFF BALANCE AT MATURITY.

Printed Page 504 . . . . . Thursday, February 7, 2002

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Senator THOMAS spoke on the Bill.

Read the first time and referred to the Committee on Banking and Insurance.

S. 995 (Word version) -- Senators Land, Holland and Setzler: A BILL TO AMEND ARTICLE 5 OF CHAPTER 23 OF SECTION 1 OF THE CODE OF LAWS RELATING TO THE ADMINISTRATIVE LAW JUDGE DIVISION SO AS TO PROVIDE THAT THE POSITION OF CHIEF JUDGE OF THE DIVISION MUST ROTATE AMONG ALL JUDGES OF THE DIVISION AND TO PROVIDE THAT ALL JUDGES OF THE DIVISION SHALL RECEIVE THE SAME COMPENSATION.
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Read the first time and referred to the Committee on Judiciary.

S. 996 (Word version) -- Senators Courson, Drummond, Hayes, Alexander, Anderson, Bauer, Branton, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Holland, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A JOINT RESOLUTION TO CREATE THE ARMED FORCES OF THE UNITED STATES VETERANS MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
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Senator COURSON spoke on the Resolution.

Read the first time and ordered placed on the Calendar without reference.

S. 996--Ordered to a Second and Third Reading

On motion of Senator COURSON, with unanimous consent, S.996 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 997 (Word version) -- Senator Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION


Printed Page 505 . . . . . Thursday, February 7, 2002

16-3-1095 SO AS TO PROVIDE THAT IT IS A FELONY TO TAKE A WEAPON FROM THE LAWFUL POSSESSION OF A PEACE OFFICER OR CORRECTIONS OFFICER UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE PENALTIES.
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Read the first time and referred to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

Senator GIESE from the Committee on Education submitted a favorable report on:

S. 881 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED IN SOUTH CAROLINA AND THEIR DEPENDENTS BEING ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE COAST GUARD AND THEIR DEPENDENTS STATIONED IN THIS STATE ARE ALSO ELIGIBLE FOR IN-STATE TUITION RATES.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out S. 954 favorable:

S. 954 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 6, 2002, AS "CREATING SOLUTIONS FOR DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH SPECIAL NEEDS" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 6, 2002, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Courson                   Matthews                  Patterson
O'Dell                    McGill                    Waldrep

Printed Page 506 . . . . . Thursday, February 7, 2002

Alexander                 Bauer                     Peeler
Elliott                   Kuhn

TOTAL--11

NAYS

TOTAL--0

Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

THIRD READING BILLS

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 191 (Word version) -- Senators Waldrep, McConnell, Leventis, Hawkins, Hutto, Thomas, Giese and Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-75 SO AS TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY TO A PERSON ACTING IN GOOD FAITH AND WITHOUT COMPENSATION WHO RENDERS EMERGENCY CARE TO AN ANIMAL THAT IS ABANDONED, ILL, OR INJURED.

Senator WALDREP explained the Bill.

S. 869 (Word version) -- Senators Hayes and Land: A BILL TO AMEND SECTION 2-66-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO PERMIT STATE AS WELL AS PRIVATE FUNDS TO BE USED TO COVER ANY EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THE AWARD.

S. 887 (Word version) -- Senators Hayes, Ryberg, Gregory, Hutto, Matthews, Short and Moore: A BILL TO AMEND SECTIONS 4-10-320, 4-10-330, AND 4-10-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION CREATED BY THE GOVERNING BODY OF A COUNTY FOR THE


Printed Page 507 . . . . . Thursday, February 7, 2002

IMPLEMENTATION OF THE CAPITAL PROJECTS SALES TAX ACT, THE REFERENDUM REQUIRED BEFORE THE TAX MAY BE IMPOSED, AND THE DATE THE TAX IS IMPOSED AND TERMINATES, SO AS TO PROVIDE THAT THE COMMISSION SHALL RECOMMEND THE WORDING OF THE REFERENDUM QUESTION TO THE GOVERNING BODY OF THE COUNTY WHICH MAY ALTER THIS RECOMMENDED WORDING ONLY BY A TWO-THIRDS VOTE AND PROVIDE WHAT CONSTITUTES A TWO-THIRDS VOTE, TO PROVIDE FOR A REVISED DATE FOR THE REFERENDUM IN CASES OF A SUBSEQUENT IMPOSITION OF THE TAX AND DELETE OBSOLETE LANGUAGE, TO PROVIDE FOR THE CONTINUATION OF THE TAX WITHOUT INTERRUPTION IN A SUBSEQUENT IMPOSITION, AND TO REVISE THE FACTORS FOR DETERMINING THE TERMINATION OF THE TAX.

Senator HAYES explained the Bill.

S. 947 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT UPON A VOTE BY A MAJORITY OF THE OCONEE COUNTY SCHOOL BOARD OF TRUSTEES, UP TO THREE DAYS MISSED BY THE STUDENTS OF THE OCONEE COUNTY SCHOOL DISTRICT DUE TO INCLEMENT WEATHER ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.

By prior motion of Senator ALEXANDER

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:

S. 813 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-555 SO AS TO PROVIDE FOR HUNTING WILD TURKEY ON SUNDAY ON PRIVATE LAND IN GAME ZONE 4.

S. 893 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE KILLING OF BEAR, SO


Printed Page 508 . . . . . Thursday, February 7, 2002

AS TO DELETE THE EXISTING PROVISIONS AND PROVIDE FOR OPEN SEASON IN GAME ZONE ONE FOR STILL GUN AND PARTY DOG HUNTS AND TO PROVIDE THAT IN ALL OTHER ZONES THERE ARE NO OPEN SEASONS; TO REQUIRE THAT BEAR TAKEN BE REPORTED TO THE DEPARTMENT OF NATURAL RESOURCES' CLEMSON OFFICE; TO PROVIDE THAT IT IS UNLAWFUL TO TAKE A BEAR EXCEPT DURING OPEN SEASON; TO OTHERWISE RESTRICT THE TAKING, METHOD OF HUNTING, OR POSSESSION OF CERTAIN BEAR AND BEAR PARTS; AND TO PROVIDE PENALTIES.

S. 894 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-544 SO AS TO PROVIDE THAT A PERSON WHO HUNTS WILD TURKEYS IS REQUIRED TO POSSESS A SET OF WILD TURKEY TRANSPORTATION TAGS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-11-500, AS AMENDED, RELATING TO WILD TURKEY, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY WITH A RIFLE, PISTOL, BUCKSHOT, OR SHOTGUN SLUG; TO AMEND SECTION 50-11-530, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING, SO AS TO DELETE THE BAG LIMIT FOR TURKEYS IN GAME ZONES 6 AND 11; TO AMEND SECTION 50-11-540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING RULES APPLICABLE TO WILD TURKEY HUNTING, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO FORFEITURE, TO PROVIDE FOR RESTITUTION TO THE DEPARTMENT FOR WILD TURKEYS TAKEN UNLAWFULLY AND FOR FORFEITURE OF HUNTING AND FISHING LICENSES FOR PERSONS CONVICTED OF TAKING A WILD TURKEY ILLEGALLY; AND TO AMEND SECTION 50-11-560, AS AMENDED, RELATING TO OPEN SEASON FOR MALE WILD TURKEY IN GAME ZONES 6 AND 11 SO AS TO PROVIDE THAT MALE WILD TURKEY MAY BE HUNTED FROM MARCH FIFTEENTH TO MAY FIRST IN GAME ZONES 6


Printed Page 509 . . . . . Thursday, February 7, 2002

AND 11, AND IN ALL OTHER GAME ZONES AS PROMULGATED AND PUBLISHED BY THE DEPARTMENT.

Senator GREGORY explained the Bill.

S. 927 (Word version) -- Senator Gregory: A BILL TO RESTRICT THE PLACEMENT OF OUTDOOR ADVERTISING ALONG A PORTION OF UNITED STATES HIGHWAY 521 IN LANCASTER COUNTY.

AMENDED, READ THE SECOND TIME

H. 4351 (Word version) -- Rep. Fleming: A BILL TO PROVIDE FOR NINE MEMBERS OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES, PROVIDE FOR ELECTION OF MEMBERS IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, PROVIDE FOR DEFINED SINGLE-MEMBER ELECTION DISTRICTS WITH ONE TRUSTEE ELECTED FROM EACH DISTRICT, PROVIDE FOR THE TERMS OF THE MEMBERS, PROVIDE FOR THE STAGGERING OF THESE TERMS, PROVIDE FOR THE FILLING OF VACANCIES ON THE BOARD, PROVIDE FOR THE EXPIRATION OF THE TERMS OF CURRENT MEMBERS, AND PROVIDE THAT IF A MEMBER OF THE BOARD MOVES HIS RESIDENCE FROM THE SINGLE-MEMBER ELECTION DISTRICT FROM WHICH HE WAS ELECTED, HIS OFFICE BECOMES VACANT AUTOMATICALLY; AND TO REPEAL ACT 304 OF 1989 RELATING TO THE ELECTION OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES IN NONPARTISAN ELECTIONS, THE TERMS OF OFFICE OF THE MEMBERS ELECTED, THE MANNER IN WHICH THE NONPARTISAN ELECTIONS MUST BE CONDUCTED, AND THE MANNER IN WHICH VACANCIES MUST BE FILLED.

Senator PEELER asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

Senator SHORT was recognized.

Motion Adopted

On motion of Senator SHORT, with unanimous consent, Senator SHORT's remarks were ordered printed in the Journal.


Printed Page 510 . . . . . Thursday, February 7, 2002

Remarks by Senator SHORT

Reading Clerk:     Amendment No. 1 by Senator SHORT that has been previously proposed, amends a Bill, as and if amended, by deleting Section 1A on page 1, lines 36 through 42, and page 2, lines 1 through 19, that amends the Bill further...
PRESIDENT:         Senator from Chester. Would the Senate come to order? The Senator from Chester is recognized.
Senator SHORT:     Thank you, Mr. PRESIDENT. First, I would like to ask that my remarks be recorded in the Journal.
PRESIDENT:     Without objection.
Senator SHORT:   There also is a map on a flip chart that I'm going to need. This is the first time...
PRESIDENT:     Senator, would you suspend momentarily? The Senate will come to order. We will not proceed until you do. Would the Senate please come to order? Senator from Chester.
Senator SHORT:     Thank you, Mr. PRESIDENT. This is the first time that the new Senate Rules dealing with local legislation have come up. So that you will know what might happen in your county unless you represent sixty (60%) percent of the county, which nobody does, you cannot place it.... No, you can't represent sixty (60%); the most you'd have is fifty. If your whole district is there, the most you get is point five. So, we can't place a Bill on the contested calendar at the local level any more. You can still, statewide legislation, but not if it is local. So, you don't have an opportunity to protect the citizens that you directly represent.

That's the reason that I am here today to present to you an alternate plan from the one that has been proposed and adopted in the House. I'd like to give you just a little bit of background about what has gone on thus far. There was a Bill introduced in the House to change the lines for the Union County School District Board of Trustees. They had no knowledge that this Bill was being introduced. They were not informed in any way nor was any member of the Senate Delegation informed that this Bill was being introduced.


Printed Page 511 . . . . . Thursday, February 7, 2002

We found out on the day that it came to the Senate that it had already been adopted and that there had been no input. The School Board in Union County found out that this Bill had been introduced and adopted when the chairman of the board saw a little article in the newspaper that said that Representative Fleming was going to meet with the Town Council Members from Jonesville, which is a small town in Union County, to discuss with them the school board redistricting lines.

The chairman of the board then called Representative Fleming and asked if she could have a copy of the map and if that was accurate, that, in fact, this had been introduced. He said that "yes, it had been introduced. It had been adopted [and] that he would try to get a map to them before they had the next school board meeting and that it was required by law because of the census that these new lines be drawn now." She asked him if there had been any major changes in the people's districts. He, as I understand it, told her that he could not remember for sure and that he didn't have a copy of the map with him at that time. The map was at his office. At the next school board meeting, she did get a copy of the map, which was palm-sized. And, you know how hard it is to look at a map and see what district lines look like even when you are looking at a map this size; but, the one the size of your hand? You know you would have no idea what the district lines actually look like. The chairman then was asked by a newspaper reporter how she felt about the fact that she had been drawn into another incumbent's district. And, she had been drawn in by totally flipping the districts so that she actually lived in the bare corner of the district that she would have to run in.

The legislation also required that all nine members of the Union County Board run for re-election this year. As it turns out, it is not required by law that school districts be redone immediately after the census. The law is silent on that. That is why many


Printed Page 512 . . . . . Thursday, February 7, 2002

of you are not introducing new lines for your counties.   In addition to the incumbents running against each other in this new plan, there is also a significant reduction in the minority voting strength in the two minority districts, Districts 1 and 7. As we all know, the Justice Department does not accept significant changes in those lines. The board voted to request that an alternate plan be redone. And, I'd just like to read this very brief letter to you that I received from them. It says:

"Dear Senator Short, the Union County Board of School Trustees requests your assistance in the development and consideration of an alternative redistricting plan of the Union County School District. The board would like this plan developed by the Office of Research and Statistics in consultation with Dr. John Ruoff of the NAACP. This plan should include all criteria required by the Justice Department and the Voting Rights Act. If you need any further information, please contact me. The board respectfully appreciates your assistance in this endeavor."

I requested that this alternative map be drawn and that is the map that I am presenting today as an amendment. As you know, when you look at the details in drafted legislation, you certainly cannot tell what a map looks like; but, this map that I am proposing looks very much like the current districts do. The only changes are those that are necessary to meet the requirements that have affected Union County by virtue of the census.   Again, I had mentioned earlier that it was not necessary to do this reapportionment at this time because the law is silent on school districting reapportionment plus the fact that Union County is one of only two counties that has actually lost population over the past ten years. So, there was very, very little change in the district lines. There were some small changes within the county but very little change in what would have been necessary to correct any


Printed Page 513 . . . . . Thursday, February 7, 2002

population movement within the district. The plan that I am presenting as the alternate plan today recognizes that there has been natural retrogression within the minority districts that exist in Union County now. And, it includes a black voting age population of 58.78% for District 1 and 64.7% for District 7, which was the maximum that could be obtained following the guidelines that currently exist in the law. The plan that was introduced by the House includes a black voting age population of 56.33 and 61.04, respectively. Again, there are concerns that the Justice Department would not approve this plan that has been adopted by the House based on those numbers. I just want to show you quickly a couple of things. This is the plan that I am introducing as the alternate plan for the Union County School District. It has very, very little change in what the current plan looks like. I hope you can hear me without the microphone. My voice is not going to carry well enough, I'm afraid.

This is District 5 as it currently exists and as it exists in the alternate plan. This is District 4. In the plan adopted by the House, this is District 4 and this is District 5. That was done for the only reason I can see to put the incumbent chairman in a district with another incumbent board member--neither of which was necessary. The map was just switched around for apparently no other reason than that. I think that is an inappropriate thing to have done. I think under the law it is appropriate to consider incumbency as one of the reasons that you use when drawing maps. I have some 20 pages of signatures from citizens of Union County requesting that an alternate map be presented and adopted for the school board districts in Union County.

Again, I have made an effort to make as little change as possible in the current lines, to abide by all the laws that apply at this time, and to give every member of the Union County School Board that currently is seated the opportunity to run again for those seats on the same staggered system that exists


Printed Page 514 . . . . . Thursday, February 7, 2002

at this time. Mr. PRESIDENT, if there are no questions regarding my proposal, I would move adoption of this plan.
PRESIDENT:         Senator from Horry, Senator ELLIOTT.
Senator ELLIOTT: Senator from Chester yield?
Senator SHORT:   Certainly.
Senator ELLIOTT:   Senator from Chester, you know, I don't want to get involved in a local matter way up in Union County, but since you are on the floor with it, I might make one inquiry. We don't normally subdivide the school districts across South Carolina by county as an institution, and now, just first of all, I wondered how this got to this point, and, secondly, which of these plans would overlay the county council's plans in Union County. Has anyone thought that two different districts may create some local problems there?
Senator SHORT: Thank you for your questions, Senator. Union County School District lines do not follow the county council lines which is why the delegation is required to do redistricting. Again, they are not required to do it immediately following a census. There are seven county council districts and nine school board districts. There has been no indication by anyone that they have any interest in following county council lines. As a matter of fact, the county council is in the process, of course, of redistricting right now and Representative Fleming has donated money to the Town Council of Jonesboro and encouraged them to bring a lawsuit regarding the county council redistricting lines.
PRESIDENT:     Senator from Greenwood.
Senator DRUMMOND:     Wonder if the Senator would yield for a question?
Senator SHORT:   Yes, sir.
Senator DRUMMOND:     Senator, you had your back to me and you know sometimes I have a little trouble hearing. Why did they move those district lines, would you... I just caught part of what you said. Would you let that "mike" tell all of us again?

Printed Page 515 . . . . . Thursday, February 7, 2002

Senator SHORT:     Yes, sir. The only reason that I can surmise is that Representative Fleming, for whatever reason, wanted to place the incumbent chairman of the board in the district with another incumbent member who represents a township in that area of Union County and the only way to place them there was to flip those districts. I cannot come up with any other reason for having switched the districts around the way that they were done.
Senator DRUMMOND:   ... incumbents...
Senator SHORT:     No, sir, to put incumbents in competition with each other. The map that I am proposing leaves every incumbent in their current district and makes very minimal changes to any of the districts in Union County. It does also, as I said, maintain the highest possible percentage in the two minority districts that exist there, which is more likely to gain Justice Department approval.
PRESIDENT:       Senator from Richland, Senator GIESE.
Senator GIESE:     Senator, yield for a question?
Senator SHORT:       Yes, sir.
Senator GIESE:     This map has been approved by the county council? I mean, the one that is being presented? Does the House have anything to do with this?
Senator SHORT:     Well, no, sir. Actually, the school district asked me if I would get an alternative map presented, which I did. County council has nothing to do with redistricting of the school district, unless it follows county council lines. And, this one does not. Nobody in Union County knew that this was being done, not what I am doing, but knew that the House member was introducing these lines until after it had already been adopted in the House.
Senator GIESE:       So, if we approve this, is that the way it is going to be?
Senator SHORT:     No, sir. It would go back to the House then for concurrence or nonconcurrence and then I am not sure what happens at that point since you have three members on a conference committee,

Printed Page 516 . . . . . Thursday, February 7, 2002

if they chose not to along with it, because there are only two House members that serve on the Union County Delegation. There are three Senate members that serve on the Union County Delegation. But, again, this amendment has to be considered here and has to be voted up or down here and if it fails to be adopted, then I guess the House drawing as it stands would be voted on.
PRESIDENT:       Senator from Aiken, Senator MOORE.
Senator MOORE:     Will you yield for a question?
Senator SHORT:     Certainly.
Senator MOORE:     Senator, has the Union County School Board had a public meeting to hear from anybody as far as the public is concerned?
Senator SHORT:     No, sir. They didn't know anything about this. They asked for a copy of the map that was adopted by the House. They got a very small map. They held an emergency meeting and asked that the members of the delegation meet with them. None of us were able to be there at that meeting. That's when they voted to request that we do an alternate map, which is what I have done, and, that's how this proposal came about following the guidelines that they had asked for, which was just follow what the Justice Department and the law requires at this time--doing minimal damage to the existing districts.
Senator MOORE:     So, the Union County School District proposed this?
Senator SHORT:     Without seeing it, they proposed the parameters for the way that it was drawn.
Senator MOORE:     But there has been... as a result of all that, there has been no public input or public hearing in Union County regarding this?
Senator SHORT:     No. Mr. PRESIDENT, if there are no further questions, then I move adoption of this plan.
PRESIDENT:       Senator from Newberry.
Senator BAUER:     Mr. PRESIDENT, I move to table.
PRESIDENT:       The question is the motion to table. Pursuant to the rule, I'll now ask the Union County

Printed Page 517 . . . . . Thursday, February 7, 2002

Delegation to vote. The motion is to table. Senator BAUER.
Senator BAUER:     Aye.
PRESIDENT:       Senator PEELER.
Senator PEELER:     Aye.
PRESIDENT:       Senator SHORT.
Senator SHORT:     No.
PRESIDENT:       The amendment is tabled. The Reading Clerk will publish the next amendment.
Reading Clerk:       This is Amendment No. 2 by Senator SHORT, amends the Bill, as and if amended, beginning on page 3, line 11, by striking Section 2 in its entirety and inserting the following Section 2: "The nine defined single member districts are as follows: District 1, Population Union County, VTD 27.
PRESIDENT:       Senator from Chester.
Senator SHORT:     I am sorry. I may have addressed the wrong amendment when I just went through all of this. Is that the amendment that strikes the requirement that all members run this year? I had two amendments on the desk; one was this alternate plan which was unfortunately just tabled; the other is an amendment which would strike the requirement that requires all nine members to run again this year. Is that that amendment?
PRESIDENT:       Senate will stand at ease momentarily. Senator from Chester.
Senator SHORT:     Mr. PRESIDENT, I'm not sure you need to do anything differently to handle this. We took the amendments in opposite order. What we should be talking about right now is an amendment that would strike the requirement that all nine board members be required to run again this year. We would leave them on the staggered terms that currently exist.
PRESIDENT:       Without objection from the Union Delegation. We will proceed in this order. Senator from Chester.

Printed Page 518 . . . . . Thursday, February 7, 2002

Senator SHORT:     Thank you, Mr. PRESIDENT. I apologize for explaining the wrong one at the wrong time. This amendment, as I said, will delete a requirement in H. 4351 that required all nine members of the board to run again this year creating a new staggered situation. It would leave them instead on the current staggered terms that they have so that those members who ran two years ago would not be forced to run again this year. It makes no other changes in the Bill. Move adoption.
PRESIDENT:       Question is the adoption of the amendment Senator from Newberry.
Senator BAUER:     Thank you, Mr. PRESIDENT. I move to table that amendment.
PRESIDENT:       The question is the motion to table the amendment. Pursuant to the rule, I call for a vote from the Union Delegation. Senator BAUER.
Senator BAUER:     Aye.
PRESIDENT:       Votes 'Aye'. Senator PEELER.
Senator PEELER:     Aye.
PRESIDENT:       Votes 'Aye.' Senator SHORT.
Senator SHORT:     No.
PRESIDENT:       Votes 'No.' The amendment is tabled. We have a further amendment on the Desk. The Reading Clerk will publish the amendment.
Reading Clerk:       This is Amendment No. 3 by Senator BAUER, amends the Bill, as and if amended, beginning on page 1 by striking subsection A of Section 1 and inserting Section 1A beginning with the 2002 election, "The Union County Board of School Trustees consists of nine members who must be elected in non-partisan elections to be held in the manner provided in this Act. Each member of the board must be a resident of and elected from one of the nine defined single-member election districts established in Section 2. Members of the board shall elect a chairman and other officers they consider necessary to serve terms of one year each in these capacities. A member

Printed Page 519 . . . . . Thursday, February 7, 2002

may be re-elected to an office of the board. Five members of the board whose terms expire in 2002, must be elected to the board in a non-partisan election to be conducted at the same time as the 2002 General Election for terms of office of four years each. However, the five members elected in 2002, from election districts 3, 4, 5, 8 and 9 shall serve initial terms of four years each and the other four members whose terms expire in 2004, from election districts 1, 2, 6 and 7 shall serve until the expiration of the terms to which they are elected. The successors must be elected in a non-partisan election to be conducted at the same time as the general election two years thereafter, respectively, as the case may be for terms of four years each."
PRESIDENT:       Senator from Newberry.
Senator BAUER:     Real briefly, Mr. PRESIDENT. This complies with the Voting Act. It will increase the BVAP. And, it also does what Senator SHORT just tried to do, which was make sure that the current members would not have to re-run but would be able to serve out their current terms.
PRESIDENT:       The question is the adoption of the amendment. Pursuant to the rule, I ask for a vote. Senator from Cherokee. Senator from Cherokee is recognized.
Senator PEELER:     Thank you, Mr. PRESIDENT. Members of the Senate, I do appreciate the members of the Senate giving us your attention to this local matter in Union County. We don't [want to] be accused of being another Charleston and holding up the Senate on local issues, but the seats from Newberry, and the Senator from Chester and I represent Union County, and the best way I can explain this to you, to where most of you can understand -- How many of you folks saw the movie, "Oh, Brother, Where Art Thou?", with George Clooney? The ones who saw it will know what I am talking about. One of the funniest scenes in the movie was when three

Printed Page 520 . . . . . Thursday, February 7, 2002

guys were chained together and had just escaped from the chain gang, and they had their legs chained together and they were running away from the chain gang, and they were running across a field and they were going to hop up on the railroad tracks and George Clooney said, "Let's go this way," and they started running that way and one of them stopped and said, "Wait a minute. Who elected you as head of this group?" and he said, "Yours truly did." And, the other guy on the other side said, "Well, I'll vote for me." They looked at the guy in the middle and said, "How do you vote?" And, the guy in the middle said, "That settles it. I'm with you fellows." And, that is how I feel on this situation. That settles it. I am with you fellows. Our legislative delegation chairman from Union County introduced this legislation, Representative Fleming. He did this with two of the school board members involved in it. Two of them called me after the fact and said that they were for it and one of them called me and said she was not for it. But, it is a local matter and I defer to the chairman of our delegation and I just wanted to let you know that. I do appreciate ya'lls indulgence.
PRESIDENT:       Question is the adoption of the amendment. Senator BAUER.
Senator BAUER:     Aye.
PRESIDENT:       Senator PEELER.
Senator PEELER:     Aye.
PRESIDENT:       Senator Short.
Senator SHORT:     No.
PRESIDENT:       The amendment is carried. The question is second reading of H. 4351, as amended. Senator from Cherokee.
Senator PEELER:     If the Senator from Chester would allow us to, would you allow me to move to give this Bill

Printed Page 521 . . . . . Thursday, February 7, 2002

third reading on Tuesday or the next day that we can?
PRESIDENT:       Without objection. So ordered.

***

Amendment No. 1

Senator SHORT proposed the following Amendment No. 1 (PT\1751DW02), which was tabled:

Amend the bill, as and if amended, beginning on page 3, line 11, by striking SECTION 2 in its entirety and inserting:
/ SECTION   2.   The nine defined single-member election districts are as follows:
District 1   Population
Union County

VTD 27

Tract 030600

Blocks:   1999   0

VTD 27 Subtotal   0

VTD 37

Tract 030700

Blocks:   2043, 2044, 3018, 3019, 3025, 3028, 3029, 3030,

3031, 3032, 3039, 3040, 3041, 3042, 3043, 3044,

3045, 3046, 3047, 3048, 3049, 3050, 3051, 3052,

3053, 3054, 3055, 3056, 3057, 3058, 3059, 3060,

3061, 3062, 3065, 3066, 3067, 3068, 3069, 3070,

3071, 3072, 3114, 3115, 3999   489

VTD 37 Subtotal   489

VTD 39

Tract 030700

Blocks:   3005   0

VTD 39 Subtotal   0

VTD 40   1109

VTD 41   635

VTD 42   932

Union County Subtotal   3165

District 1 Total   3165

PERCENT DEVIATION   -4.672

District 2   Population


Printed Page 522 . . . . . Thursday, February 7, 2002

Union County

VTD 17   1431

VTD 25   425

VTD 26

Tract 030300

Blocks:   4003, 4004, 4005, 4006, 4023, 4024, 4025, 5000,

5001, 5002, 5003, 5017, 5018, 5019, 5020, 5021,

5022, 5023, 5024, 5025, 5026   536

VTD 26 Subtotal   536

VTD 27

Tract 030500

Blocks:   1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,

1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015,

1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023,

1024, 1025, 1026, 1043, 1044, 1084   543

Tract 030600

Blocks:   1000, 1001, 1002, 1003, 1004, 1006   41

VTD 27 Subtotal   584

VTD 9

Tract 030400

Blocks:   5000, 5001, 5033, 5999   175

Tract 030900

Blocks:   1052, 1053, 1063, 1065, 1067, 1068, 1077, 1997   106

VTD 9 Subtotal   281

Union County Subtotal   3257

District 2 Total   3257

PERCENT DEVIATION   -1.901

District 3   Population
Union County

VTD 10   502

VTD 11   592

VTD 12   507

VTD 16

Tract 030400

Blocks:   4005, 4007, 4008, 4009, 4022, 4025, 4026   335

VTD 16 Subtotal   335


Printed Page 523 . . . . . Thursday, February 7, 2002

VTD 27

Tract 030900

Blocks:   1082   6

VTD 27 Subtotal   6

VTD 3

Tract 030800

Blocks:   1000, 1038, 2000, 2022, 2023, 2027, 2028, 2031   84

VTD 3 Subtotal   84

VTD 4   742

VTD 8   634

VTD 9

Tract 030900

Blocks:   1054, 1066   0

VTD 9 Subtotal   0

Union County Subtotal   3402

District 3 Total   3402

PERCENT DEVIATION   2.466

District 4   Population
Union County

VTD 1   492

VTD 2   693

VTD 3

Tract 030800

Blocks:   1035, 1036, 1037, 1044, 1045, 1046, 2001, 2002,

2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,

2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,

2019, 2020, 2021, 2035, 2036, 2037, 2038   695

VTD 3 Subtotal   695

VTD 6   860

VTD 7   677

Union County Subtotal   3417

District 4 Total   3417

PERCENT DEVIATION   2.918

District 5   Population
Union County


Printed Page 524 . . . . . Thursday, February 7, 2002

VTD 13   1000

VTD 14

Tract 030400

Blocks:   2011, 2027, 2028, 2029, 2030, 2031, 2032   388

VTD 14 Subtotal   388

VTD 18   762

VTD 37

Tract 030700

Blocks:   2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029,

2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037,

2038, 2039, 2040, 2041, 2042, 3033, 3034, 3035,

3036, 3037, 3038, 3063, 3064, 3113   765

VTD 37 Subtotal   765

VTD 5   420

Union County Subtotal   3335

District 5 Total   3335

PERCENT DEVIATION   0.448

District 6   Population
Union County

VTD 14

Tract 030400

Blocks:   2007, 2008, 2009, 2010, 2012, 2013, 2036, 2037,

2038   365

Tract 030700

Blocks:   1025   0

VTD 14 Subtotal   365

VTD 15   336

VTD 16

Tract 030400

Blocks:   3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007,

3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015,

3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023,

3024, 3025, 3026, 3027, 3030, 3999, 4006, 4010,

4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018,

4019, 4020, 4021, 4023, 4024, 4027, 4028, 4029,

4030, 4031, 4032, 4033, 4034, 4035, 5005,   1206

Tract 030800

Blocks:   2024,2025,2026   14


Printed Page 525 . . . . . Thursday, February 7, 2002

VTD 16 Subtotal   1220

VTD 19

Tract 030100

Blocks:   1005, 1006, 1020, 1025, 1026   115

Tract 030400

Blocks:   1000, 1999, 2018, 2019, 2022, 2023, 2024, 2025   119

VTD 19 Subtotal   234

VTD 22   956

VTD 23

Tract 030100

Blocks:   2025, 2026, 2027, 2028, 2029, 2031, 2032, 2036,

2037, 2038, 2039, 2040, 2044   231

VTD 23 Subtotal   231

Union County Subtotal   3342

District 6 Total   3342

PERCENT DEVIATION   0.659

District 7   Population
Union County

VTD 23

Tract 030100

Blocks:   2001, 2007, 2008, 2009, 2010, 2020, 2021, 2022,

2023, 2024, 2030, 2033, 2034, 2035   618

VTD 23 Subtotal   618

VTD 28   647

VTD 29   149

VTD 30

Tract 030100

Blocks:   2041, 2042, 2043, 2045, 2046   118

Tract 030200

Blocks:   1000   0

Tract 030300

Blocks:   2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,

2009, 2010, 2011, 2013, 2014, 2015   187

VTD 30 Subtotal   305

VTD 33

Tract 030200

Blocks:   4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018,

4019, 4020, 4021, 4022, 4023, 4024   586


Printed Page 526 . . . . . Thursday, February 7, 2002

VTD 33 Subtotal   586

VTD 34

Tract 030300

Blocks:   2016, 2017, 2018, 2022, 2023, 2024, 2025, 2026,

2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034,

2035, 2036, 2037, 2038, 2039, 2040   646

VTD 34 Subtotal   646

VTD 35

Tract 030300

Blocks:   3028, 3029, 3030, 3031, 3032, 3033   334

VTD 35 Subtotal   334

Union County Subtotal   3285

District 7 Total   3285

PERCENT DEVIATION   -1.058

District 8   Population
Union County

VTD 19

Tract 030400

Blocks:   1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008,

1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,

1017, 1018, 1036, 1037, 1038, 1045, 1046, 1998,

2033, 2034, 2035   452

VTD 19 Subtotal   452

VTD 20   245

VTD 21   173

VTD 32   479

VTD 33

Tract 030200

Blocks:   4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007,

4008, 4009, 4010   264

VTD 33 Subtotal   264

VTD 36   815

VTD 38   217

VTD 39

Tract 030500

Blocks:   1032, 1035, 1036, 1037, 1038, 1039, 1040, 1041,

1042, 1045, 1046, 1047, 1048, 1049, 1050, 1051,

1052, 1056, 1057, 1058, 1059, 1060, 1074, 1075,


Printed Page 527 . . . . . Thursday, February 7, 2002

1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083   803

VTD 39 Subtotal   803

Union County Subtotal   3448

District 8 Total   3448

PERCENT DEVIATION   3.852

District 9   Population
Union County

VTD 23

Tract 030100

Blocks:   2000, 2002, 2003, 2004, 2005, 2006, 2019   207

VTD 23 Subtotal   207

VTD 24   957

VTD 26

Tract 030300

Blocks:   4007, 4008, 4009, 4010, 4017, 4018, 4019   87

VTD 26 Subtotal   87

VTD 27

Tract 030300

Blocks:   4000, 4001, 4002, 4022, 4031, 4032   241

Tract 030500

Blocks:   1027   13

VTD 27 Subtotal   254

VTD 30

Tract 030300

Blocks:   2000, 2012   89

VTD 30 Subtotal   89

VTD 31   248

VTD 34

Tract 030300

Blocks:   2019, 2020, 2021, 3002, 3003, 3004, 3005, 3006,

3017   218

VTD 34 Subtotal   218

VTD 35

Tract 030300

Blocks:   3000, 3001, 3007, 3008, 3009, 3010, 3011, 3012,

3013, 3014, 3015, 3016, 3018, 3019, 3020, 3021,

3022, 3023, 3024, 3025, 3026, 3027, 3036, 4011,

4012, 4013, 4014, 4015, 4016, 4020, 4021, 4026,


Printed Page 528 . . . . . Thursday, February 7, 2002

4027, 4028, 4029, 4030   872

VTD 35 Subtotal   872

VTD 39

Tract 030200

Blocks:   5017, 5018, 5019, 5020, 5021, 5024, 5025, 5026,

5027, 5028   157

Tract 030300

Blocks:   3034,3035   0

Tract 030500

Blocks:   1028, 1029, 1030, 1031, 1033, 1034141

VTD 39 Subtotal   298

Union County Subtotal   3230

District 9 Total   3230

PERCENT DEVIATION   -2.714 /

Amend title to conform.

Senator SHORT explained the amendment.

Senator SHORT moved that the amendment be adopted.

Senator BAUER moved to lay the amendment on the table.

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken resulted as follows:

Ayes 2; Nays 1

AYES

Bauer                     (34.91)                   Peeler   (37.49)

Total--2

NAYS

Short                     (27.61)

Total--1

By a weighted vote of 72.4 to 27.61, the amendment was laid on the table.


Printed Page 529 . . . . . Thursday, February 7, 2002

Amendment No. 2

Senator SHORT proposed the following Amendment No. 2 (SHORT-4351), which was tabled:

Amend the bill, as and if amended, by deleting Section 1(A), page 1 lines 36 through 42 and page 2 lines 1 through 19.

Amend the bill further, as and if amended by deleting Section (E), page 3 lines 1 through 6.

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

Senator SHORT moved that the amendment be adopted.

Senator BAUER moved to lay the amendment on the table.

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 2; Nays 1

AYES

Bauer                     (34.91)                   Peeler   (37.49)

Total--2

NAYS

Short  (27.61)

Total--1

By a weighted vote of 72.4 to 27.61, the amendment was laid on the table.

Amendment No. 3

Senator BAUER proposed the following Amendment No. 3 (PT\1742DW02), which was adopted:

Amend the bill, as and if amended, beginning on page 1, by striking subsection (A) of SECTION 1 and inserting:

/ SECTION   1.   (A)   Beginning with the 2002 election, the Union County Board of School Trustees consists of nine members who must be elected in nonpartisan elections to be held in the manner provided in this act. Each member of the board must be a resident of and elected


Printed Page 530 . . . . . Thursday, February 7, 2002

from one of the nine defined single-member election districts established in Section 2. The members of the board shall elect a chairman and other officers they consider necessary to serve terms of one year each in these capacities. A member may be reelected to an office of the board. The five members of the board whose terms expire in 2002 must be elected to the board in a nonpartisan election to be conducted at the same time as the 2002 general election for terms of office of four years each; however, the five members elected in 2002 from election districts 3, 4, 5, 8, and 9 shall serve initial terms of four years each, and the other four members whose terms expire in 2004 from election districts 1, 2, 6, and 7 shall serve until the expiration of the terms for which they were elected. Their successors must be elected in a nonpartisan election to be conducted at the same time as the general election two years thereafter, respectively, as the case may be, for terms of four years each. All 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 ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term at the next regular election. /

Amend further, page 3, by striking SECTION 2, and inserting:

/ SECTION   2.   The nine defined single-member election districts are as follows:
District 1   Population

Union County

VTD 13

Tract 030700

Blocks:   2006, 2007, 2008, 2009, 2010, 2011, 2012

2017, 2018, 2019, 2020, 2021   60

VTD 13 Subtotal   60

VTD 37

Tract 030700

Blocks:   2022, 2023, 2039, 2040, 2043, 2044, 3018

3019, 3025, 3028, 3029, 3030, 3031, 3032

3033, 3034, 3035, 3036, 3037, 3038, 3039

3040, 3041, 3042, 3043, 3044, 3045, 3046

3047, 3048, 3049, 3050, 3051, 3052, 3053

3054, 3055, 3056, 3057, 3058, 3059, 3060

3061, 3062, 3063, 3064, 3065, 3066, 3067

3068, 3069, 3070, 3071, 3072, 3113, 3114


Printed Page 531 . . . . . Thursday, February 7, 2002

3115, 3999   756

VTD 37 Subtotal   756

VTD 40

Tract 030600

Blocks:   1019, 1020, 1021, 1022, 1023, 1024, 1025

1026, 1031, 1032, 1033, 1034, 1035, 1036

1037, 1038, 1039, 1040, 1041, 1042, 1043

1044, 1045, 1046, 1047, 1048, 1049, 1050

1051, 1052, 1053, 1054, 1055, 1056, 1057

1058, 1059, 1060, 1061, 1062, 1063, 1064

1065, 1066, 1067, 1068, 1069, 1070, 1071

1072, 1073, 1074, 1075, 1076, 1077, 1078

1079, 2014   902

VTD 40 Subtotal   902

VTD 41   635

VTD 42   932

Union County Subtotal   3,285

District 1 Total   3,285

District 2   Population

Union County

VTD 25   425

VTD 26   623

VTD 27

Tract 030300

Blocks:   4000, 4001, 4002, 4022, 4031, 4032   241

Tract 030500

Blocks:   1009, 1010, 1011, 1012, 1013, 1014

1015, 1016, 1017, 1020, 1021, 1022

1023, 1024, 1025, 1026, 1027, 1043

1044, 1084   413

Tract 030600

Blocks:     1999

VTD 27 Subtotal   654

VTD 35

Tract 030300

Blocks:   4013, 4014, 4015, 4016, 4020, 4021, 4026

4027, 4028, 4029, 4030   244


Printed Page 532 . . . . . Thursday, February 7, 2002

VTD 35 Subtotal   244

VTD 36

Tract 030200

Blocks:   5000, 5001, 5002, 5003, 5004, 5005, 5008

5009, 5010, 5011, 5022, 5023   327

VTD 36 Subtotal   327

VTD 39

Tract 030200

Blocks:   5017, 5018, 5019, 5020, 5021, 5024, 5025

5026, 5027, 5028   157

Tract 030300

Blocks:   3034, 3035   0

Tract 030500

Blocks:   1028, 1029, 1030, 1031, 1032, 1033, 1034

1035, 1036, 1037, 1038, 1039, 1040, 1041

1042, 1045, 1046, 1047, 1048, 1056, 1057

1058, 1059, 1060   715

VTD 39 Subtotal   872

VTD 40

Tract 030600

Blocks:   1005, 1007, 1008, 1009, 1010, 1011, 1012

1013, 1014, 1015, 1016, 1017, 1018, 1027

1028, 1029, 1030, 1080, 1081, 1082, 1083   207

VTD 40 Subtotal   207

Union County Subtotal   3,352

District 2 Total   3,352

District 3   Population

Union County

VTD 10

Tract 030900

Blocks:   1055, 1056, 1058, 1059, 1060, 1061

1062, 1064, 1069, 1070, 1071, 1072

1073, 1074, 1075, 1076, 1078, 1079

1080, 1081, 1083, 1084, 1085, 1998   382

VTD 10 Subtotal   382

VTD 11

Tract 030900


Printed Page 533 . . . . . Thursday, February 7, 2002

Blocks:   2000, 2001, 2002, 2003, 2006, 2020

2021, 2022, 2023, 2024, 2025, 2026

2027, 2028, 2029, 2030, 2031, 2032

2033, 2034, 2035, 2036, 2037, 2038

2039, 2040, 2041, 2042, 2043, 2044

2045, 2046, 2047, 2048, 2049, 2050

2051, 2052, 2053, 2054, 2055, 2056

2058, 2059, 2060, 2061, 2062, 2063

2064, 2076, 2077, 2078, 2079, 2080

2081, 2998, 2999   540

VTD 11 Subtotal   540

VTD 12   507

VTD 17   1,431

VTD 27

Tract 030500

Blocks:   1000, 1001, 1002, 1003, 1004, 1005

1006, 1007, 1008, 1018, 1019   143

Tract 030600

Blocks:   1000, 1001, 1002, 1003, 1004, 1006   41

Tract 030900

Blocks:   1082   6

VTD 27 Subtotal   190

VTD 4

Tract 030900

Blocks:   1000, 1038, 1041, 1042, 1043, 1044

1045, 1046, 1999   64

VTD 4 Subtotal   64

VTD 9   281
Union County Subtotal   3,395

District 3 Total   3,395

District 4   Population

Union County

VTD 1   492

VTD 13

Tract 030700

Blocks:   1005, 1019, 1020, 1021, 1022, 1023

1024, 1026, 1027, 1028, 1035, 1036

1037, 1038, 1039, 1040, 1041, 1042

1043, 1044, 1045, 1046, 1047, 1048


Printed Page 534 . . . . . Thursday, February 7, 2002

1049, 1050, 1051, 1052, 1053, 1054

2005, 2013, 2014, 2015, 2016   638

VTD 13 Subtotal   638

VTD 16

Tract 030400

Blocks   4006, 4012, 4013, 4014, 4015, 4016

4017, 4018, 4019   98

Tract 030800

Blocks:   2024, 2025, 2026   14

VTD 16 Subtotal   112

VTD 3

Tract 030800

Blocks:   2016, 2019, 2020, 2022, 2023, 2027, 2028   113

VTD 3 Subtotal   113

VTD 5   420

VTD 6   860

VTD 7   677

Union County Subtotal   3,312

District 4 Total   3,312

District 5   Population

Union County

VTD 10

Tract 030900

Blocks:   1048, 1049, 1050, 1057   120

VTD 10 Subtotal   120

VTD 11

Tract 030900

Blocks:   2004, 2005, 2007   52

VTD 11 Subtotal   52

VTD 16

Tract 030400

Blocks:   4005, 4007, 4008, 4009, 4010, 4011

4021, 4022, 4025, 4026   406

VTD 16 Subtotal   406

VTD 2   693

VTD 3

Tract 030800

Blocks:   1000, 1035, 1036, 1037, 1038, 1044

1045, 1046, 2000, 2001, 2002, 2003


Printed Page 535 . . . . . Thursday, February 7, 2002

2004, 2005, 2006, 2007, 2008, 2009

2010, 2011, 2012, 2013, 2014, 2015

2017, 2018, 2021, 2031, 2035, 2036, 2037, 2038   666

VTD 3 Subtotal   666

VTD 4

Tract 030400

Blocks:   4001   0

Tract 030900

Blocks:   1001, 1002, 1003, 1004, 1005, 1006

1007, 1008, 1009, 1010, 1011, 1012

1013, 1014, 1015, 1016, 1017, 1018, 1019

1020, 1021, 1022, 1023, 1030, 1031, 1032

1033, 1034, 1035, 1036, 1037, 1039, 1040

1047   678

VTD 4 Subtotal   678

VTD 8   634

Union County Subtotal   3,249

District 5 Total   3,249

District 6   Population

Union County

VTD 14   753

VTD 15   336

VTD 16

Tract 030400

Blocks:   3000, 3001, 3002, 3003, 3004, 3005, 3006

3007, 3008, 3009, 3010, 3011, 3012, 3013

3014, 3015, 3016, 3017, 3018, 3019, 3020

3021, 3022, 3023, 3024, 3025, 3026, 3027

3030, 3999, 4020, 4023, 4024, 4027, 4028

4029, 4030, 4031, 4032, 4033, 4034, 4035

5005   1,037

VTD 16 Subtotal   1,037

VTD 19

Tract 030100

Blocks:   1005, 1006, 1020, 1025, 1026   115

Tract 030400

Blocks:   1000, 1001, 1002, 1003, 1004, 1005, 1006

1007, 1008, 1009, 1011, 1012, 1036, 1037

1038, 1998, 1999, 2018, 2019, 2022, 2023


Printed Page 536 . . . . . Thursday, February 7, 2002

2024, 2025, 2033, 2034, 2035   549

VTD 19 Subtotal   664

VTD 22

Tract 030100

Blocks:   1000, 1001, 1002   57

Tract 030400

Blocks:   3028, 3029, 3031, 3032, 3033, 3034, 3035

3036, 3037, 3038, 3039, 3040   444

VTD 22 Subtotal   501

Union County Subtotal   3,291

District 6 Total   3,291

District 7   Population

Union County

VTD 23

Tract 030100

Blocks:   2007, 2008, 2009, 2010, 2019, 2020

2021, 2022, 2023, 2024   230

VTD 23 Subtotal   230

VTD 28   647

VTD 29   149

VTD 30   394

VTD 32

Tract 030200

Blocks:   3000   14

VTD 32 Subtotal   14

VTD 33   850

VTD 34

Tract 030300

Blocks:   2016, 2017, 2018, 2019, 2020, 2021

2022, 2023, 2024, 2025, 2026, 2027

2028, 2029, 2030, 2031, 2032, 2033

2034, 2035, 2036, 2037, 2038, 2039

2040   694

VTD 34 Subtotal   694

VTD 35

Tract 030300

Blocks:   3029, 3030, 3031, 3032, 3033, 3036   319

VTD 35 Subtotal   319

Union County Subtotal   3,297


Printed Page 537 . . . . . Thursday, February 7, 2002

District 7 Total   3,297

District 8   Population

Union County

VTD 13

Tract 030700

Blocks:   2000, 2001, 2002, 2003, 2004   302

VTD 13 Subtotal   302

VTD 18   762

VTD 19

Tract 030400

Blocks:   1010, 1013, 1014, 1015, 1016, 1017

1018, 1045, 1046   22

VTD 19 Subtotal   22

VTD 20   245

VTD 21   173

VTD 32

Tract 030200

Blocks:   3001, 3002, 3003, 3004, 3005, 3006

3007, 3008, 3009, 3010, 3011, 3012

3013, 3014, 3015, 3016, 3017   453

Tract 030500

Blocks:   1062, 1063, 1064, 1065, 1066   12

VTD 32 Subtotal   465

VTD 36

Tract 030200

Blocks:   5006, 5007, 5012, 5013, 5014, 5015   149

Tract 030500

Blocks:   1061, 1067, 1069, 1070, 1071, 1072   339

VTD 36 Subtotal   488

VTD 37

Tract 030700

Blocks:   2024, 2025, 2026, 2027, 2028, 2029

2030, 2031, 2032, 2033, 2034, 2035

2036, 2037, 2038, 2041, 2042   498

VTD 37 Subtotal   498

VTD 38   217

VTD 39

Tract 030500

Blocks:   1049, 1050, 1051, 1052, 1074, 1075


Printed Page 538 . . . . . Thursday, February 7, 2002

1076, 1077, 1078, 1079, 1080, 1081

1082, 1083   229

Tract 030700

Blocks:   3005

VTD 39 Subtotal   229

Union County Subtotal   3,401

District 8 Total   3,401

District 9   Population

Union County

VTD 22

Tract 030100

Blocks:   1003, 1004, 1007, 1008, 1009, 1010

1011, 1012, 1013, 1018, 1019   455

VTD 22 Subtotal   455

VTD 23

Tract 030100

Blocks:   2000, 2001, 2002, 2003, 2004, 2005

2006, 2025, 2026, 2027, 2028, 2029

2030, 2031, 2032, 2033, 2034, 2035

2036, 2037, 2038, 2039, 2040, 2044   826

VTD 23 Subtotal   826

VTD 24   957

VTD 31   248

VTD 34

Tract 030300

Blocks:   3002, 3003, 3004, 3005, 3006, 3017   170

VTD 34 Subtotal   170

VTD 35

Tract 030300

Blocks:   3000, 3001, 3007, 3008, 3009, 3010

3011, 3012, 3013, 3014, 3015, 3016

3018, 3019, 3020, 3021, 3022, 3023

3024, 3025, 3026, 3027, 3028, 4011

4012   643

VTD 35 Subtotal   643

Union County Subtotal   3,299


Printed Page 539 . . . . . Thursday, February 7, 2002

Distric 9 Total   3,299 /

Amend title to conform.

Senator BAUER explained the amendment.

Senator PEELER spoke on the amendment.

Senator BAUER moved that the amendment be adopted.

Pursuant to the provisions of Rule 51 (weighted vote shown in parentheses below), the "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 2; Nays 1

AYES

Bauer                     (34.91)                   Peeler   (37.49)

Total--2

NAYS

Short                     (27.61)

Total--1

By a weighted vote of 72.4 to 27.61, the amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

Motion Adopted

On motion of Senator SHORT, with unanimous consent, the recording of the proceedings and maps incident to H. 4351 were to be preserved for the record.

H. 4351--Ordered to a Third Reading

On motion of Senator PEELER, with unanimous consent, H. 4351 was ordered to receive a third reading on Friday, February 8, 2002.

SECOND READING BILLS

The following Bills, having been read the second time, were ordered placed on the third reading Calendar:


Printed Page 540 . . . . . Thursday, February 7, 2002

S. 792 (Word version) -- Senators Hawkins and Reese: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO PROVIDE THAT THE MAYOR OF THE CITY OF SPARTANBURG AND THE CHAIRMAN OF THE SPARTANBURG COUNTY COUNCIL, OR THEIR DESIGNEES, ARE VOTING EX OFFICIO MEMBERS OF THE COMMISSION.

S. 792--Ordered to a Third Reading

On motion of Senator HAWKINS, S. 792 was ordered to receive a third reading on Friday, February 8, 2002.

S. 633 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 51-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF MEMBERS OF THE SANTEE-COOPER COUNTIES PROMOTIONS COMMISSION, TO PROVIDE THAT THE TERMS OF THE MEMBERS SHALL BE FOR FOUR YEARS INSTEAD OF ONE YEAR, AND TO MAKE CERTAIN TECHNICAL CHANGES.

Senator MESCHER spoke on the Bill.

H. 4546 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TAKE AND SIZE LIMITS FOR SHAD, HERRING, AND STURGEON, SO AS TO CHANGE THE OPENING DATE FOR THE SEASON FOR TAKING SHAD IN A PORTION OF THE WINYAH BAY DRAINAGE SYSTEM FROM FEBRUARY FIFTEENTH TO FEBRUARY FIRST.

CARRIED OVER

H. 3163 (Word version) -- Reps. Wilkins, Jennings, Campsen, Wilder, Whatley, Coates, Cobb-Hunter, Owens, Altman, Lourie, McLeod, Bowers, Robinson, Simrill, J.E. Smith, Harrell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED CREDIT, AND WHICH AUTHORIZES THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF


Printed Page 541 . . . . . Thursday, February 7, 2002

REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE

CARRIED OVER

H. 3141 (Word version)--Reps. Wilkins, Harrison, Walker, Simrill, Whatley, Delleney, Sandifer, Altman, Knotts and Thompson: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTIONS OF TITLE 24, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME, TO PROVIDE THAT AN OFFENDER MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE DISCHARGE FROM HIS SENTENCE, AND TO MAKE OTHER RELEVANT CHANGES, TO AMEND CHAPTER 26 OF TITLE 24, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION, REVISE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION, AND TO MAKE CERTAIN OTHER CHANGES; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", TO AMEND CHAPTER 1, TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS AFFAIRS, BY ADDING ARTICLE 25 SO AS TO PROVIDE THAT CERTAIN MILITARY PERSONNEL WHO ARE SENTENCED TO CONFINEMENT SHALL SERVE THE FULL TERM OF THE CONFINEMENT UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL


Printed Page 542 . . . . . Thursday, February 7, 2002

PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY. (ABBREVIATED TITLE).

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

On motion of Senator McCONNELL, with unanimous consent, the Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator McCONNELL, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDER.

MADE ADJOURNED DEBATE

H. 3307 (Word version) -- Reps. Scott, Knotts, Jennings, Carnell, Govan, Whatley, Dantzler, Lee, Miller, Snow, Breeland, Hosey, Rutherford, J.E. Smith, Rivers, Weeks and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH


Printed Page 543 . . . . . Thursday, February 7, 2002

CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET REVENUE RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE APPROPRIATIONS FROM THE EDUCATION LOTTERY ACCOUNT BEGINNING IN FISCAL YEAR 2001-02 FOR SPECIFIED PURPOSES; AND TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO THE ENTITIES FROM WHICH AN APPOINTEE BY THE GOVERNOR MAY BE REMOVED IN CERTAIN CONDITIONS, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT LIST OF ENTITIES.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator McCONNELL asked unanimous consent to make a motion to place the Bill in the status of Adjourned Debate.

There was no objection and the Bill was placed in the status of Adjourned Debate.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on February 7, 2002, at 12:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R181, H. 4392 (Word version)) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: AN ACT TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM, AND FURTHER PROVIDE FOR THE EXEMPTION OF OTHER EDUCATIONAL FACULTY AND EMPLOYEES; AND TO AMEND SECTION 59-53-52, RELATING TO POWERS AND DUTIES OF AREA TECHNICAL EDUCATION COMMISSIONS, SO AS TO PROVIDE THAT AREA COMMISSIONS SHALL EMPLOY THEIR RESPECTIVE


Printed Page 544 . . . . . Thursday, February 7, 2002

TECHNICAL COLLEGE PRESIDENTS WHO SHALL BE EMPLOYED AT THE WILL OF THE AREA COMMISSION.
L:\COUNCIL\ACTS\4392SD02.DOC

MOTION ADOPTED

On motion of Senator PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Robert Ransom Bailey of Cherokee County, S.C.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, February 8, 2002, it stand adjourned to meet next Tuesday, February 12, 2002, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:15 P.M., on motion of Senator McCONNELL, 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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