Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 690, Mar. 1 | Printed Page 710, Mar. 1 |
Printed Page 700 . . . . . Wednesday, March 1, 1995
Each member of the board must be elected by the qualified electors of the school district. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission, or with the clerk of court on forms furnished by the commission, which forms must be transmitted to the commission by the clerk of court. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the school district, and other information as the county election commission requires. The filing period opens on the first Tuesday in September at noon to run for two weeks.

The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. The expenses of the election must be paid by the district. The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.

SECTION 2. Three members of the Board of Trustees of Lexington County School District 1 shall be elected in 1995 in a special election to be held as provided in Section 7-13-190 of the 1976 Code, and in accordance with the other filing and election requirements of general law for nonpartisan elections as they apply to this special election. The vacancies referred to in Section 7-13-190 for purposes of this special election shall be deemed to have occurred on the effective date of this act. These members shall be elected to fill the seats occupied by the three present members of the board whose terms were scheduled to expire in 1994, but who now serve in a holdover capacity because the 1994 election to elect their successors was enjoined by a court of competent jurisdiction. This special election must be conducted by the county election commission in the same manner provided in Section 1 of this act and the procedures therein provided apply to this special election, mutatis mutandis.

The three present members of the board serving in a holdover capacity shall serve until the three members elected in this 1995 special election qualify and take office, at which time these holdover members shall cease

Printed Page 701 . . . . . Wednesday, March 1, 1995
being members of the board. The members of the board elected at this special election in 1995 shall serve until their successors are elected in the 1998 election and qualify and take office, at which time their terms shall expire.

SECTION 3. Act 217 of 1993 is repealed.

SECTION 4. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Senator WILSON explained the amendment.

Senator SETZLER proposed the following amendment (GJK\21471SD.95), which was not adopted:

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

/SECTION 1. Notwithstanding any other provision of law, beginning with the 1996 election, the Board of Trustees of Lexington County School District 1 consists of seven members who, except for the 1995 special election, must be elected in nonpartisan elections to be held at the same time as the general election in even-numbered years in the manner hereinafter provided. One member of the board must be a resident of Election District 1 established in Section 3 of this act, one member must be a resident of Election District 2, and five members must be residents of Election District 3. Each of these seven members shall be elected from the school district at large by the qualified electors of the school district. Except as otherwise provided herein, members of the board shall be elected for four-year terms and until their successors are elected and qualify. Four members of the board residing in Election District 3 shall be elected in 1996 for terms of four years each. The four current members of the board residing in and elected from the district at large whose terms are scheduled to expire in 1996 shall continue to serve until the four members residing in Election District 3 and elected in 1996 qualify and take office, at which time their terms shall expire. The member of the board from Election District 1, the member of the board from Election District 2, and one member of the board from Election District 3 shall be elected in the 1995 special election provided for in Section 2 of this act. These three members shall serve until 1998, at which time, their successors shall be elected in the 1998 election to serve for terms of four years each. The three current members of the board whose terms were scheduled to expire in 1994 but who now serve in a hold-over capacity because the 1994 election to elect their successors was

Printed Page 702 . . . . . Wednesday, March 1, 1995
enjoined by a court of competent jurisdiction shall serve until the three members elected in the 1995 special election qualify and take office, at which time these three hold-over members shall cease being members of the board. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within six months of a regular trustee election. In this case, the vacancy must be filled for the remainder of the unexpired term or for a full term as appropriate at the next regular election.

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

The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. If no candidate offers for election from Election Districts 1 or 2 and thereafter no candidate is certified as elected from Election Districts 1 or 2 or if a sufficient number of candidates do not offer for election from Election District 3 and thereafter a sufficient number of candidates are not certified as elected from Election District 3 in any election, the board shall appoint the member or these members of the board to serve for the specified term. The expenses of the election must be paid by the district. The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.

Printed Page 703 . . . . . Wednesday, March 1, 1995
SECTION 2. The member of the board from Election District 1, the member of the board from Election District 2, and one member of the board from Election District 3 shall be elected in 1995 in a special nonpartisan election to be held on the second Tuesday in May of 1995 if the United States Department of Justice has precleared this special election under the federal voting rights act by the date the filing period opens in April as hereinafter provided, or if a court of competent jurisdiction has authorized this special election by this date. If the United States Department of Justice has not precleared this special election under the federal voting rights act by the date the filing period opens in April, or if a court of competent jurisdiction has not authorized this special election by this date, this special election must be held on the second Tuesday in September of 1995. These three members shall be elected to fill the seats occupied by the three present members of the board whose terms were scheduled to expire in 1994 but who now serve in a hold-over capacity because the 1994 election to elect their successors was enjoined by a court of competent jurisdiction. This special election must be conducted by the county election commission in the same manner provided in Section 1 of this act and the procedures therein provided apply to this special election mutatis mutandis, except that the filing period for this special election opens on the first Tuesday in April at noon to run for two weeks if the United States Department of Justice has precleared this special election under the federal voting rights act by this date, or if a court of competent jurisdiction has authorized this special election by this date. If such is not the case, the filing period for this special election opens on the first Tuesday in August at noon to run for two weeks.

The three present members of the board serving in a hold-over capacity shall serve until the three members elected in this 1995 special election qualify and take office, at which time these hold-over members shall cease being members of the board. The members of the board elected at this special election in 1995 shall serve until their successors elected in the 1998 election qualify and take office, at which time their terms shall expire.

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

Printed Page 704 . . . . . Wednesday, March 1, 1995
DISTRICT 1
Area. . . . .Population

Lexington County

BOILING SPRINGS

Tract 0209.00

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

Tract 0210.09

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

EDMUND

Tract 0209.00

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

FAIRVIEW. . . . . 555

MACK EDISTO

Tract 0209.00

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

PELION

Tract 0209.00

Blocks: 358, 360, 361, 362, 364, 365, 366, 367, 368, 371, 378, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 423, 424, 425, 435, 436, 437A, 437B, 437C, 438, 439, 440, 441, 442, 443, 444A, 444B, 444C, 445, 446, 447A, 447B, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 462, 463, 501, 502A, 502B, 502C, 503, 504A, 504B, 505A, 505B, 506A, 506B, 507A, 507B, 508A, 508B, 509A, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526,

Printed Page 705 . . . . . Wednesday, March 1, 1995
527, 528, 529, 530, 531, 532,533, 534, 535, 538, 543, 584, 585, 601, 602, 603A, 603B, 603C, 603D, 604, 605, 606, 607, 618, 619, 620, 621, 623, 624A, 624B, 625, 626A, 626B, 626C, 626D, 626E, 626F, 626G, 626H, 626J, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636A, 636B, 636C, 636D, 637A, 637B, 637C, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 668, 669, 670, 671, 672, 673, 674A, 674B, 674C, 674D, 674E, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684. . . . . 2,682

POND BRANCH

Tract 0213.00

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

ROUND HILL

Tract 0210.04

Blocks: 238. . . . . 2

SHARPES HILL

Tract 0209.00

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

DISTRICT TOTAL. . . . . 7,438

Printed Page 706 . . . . . Wednesday, March 1, 1995
DISTRICT 2
Area. . . . .Population

Lexington County

BOILING SPRINGS

Tract 0213.00

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

CRAPPS STORE. . . . . 589

GILBERT . . . . . 1,671

HOLLOW CREEK

Tract 0213.00

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

LEESVILLE

Tract 0213.00

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

Tract 0214.00

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

POND BRANCH

Tract 0213.00

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

Printed Page 707 . . . . . Wednesday, March 1, 1995
RIDGE ROAD

Tract 0213.00

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

Tract 0214.00

Blocks: 112. . . . . 15

ROUND HILL

Tract 0213.00

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

SUMMIT . . . . . 1,307

DISTRICT TOTAL. . . . . 7,404

Printed Page 708 . . . . . Wednesday, March 1, 1995
DISTRICT 3
Area. . . . .Population

Lexington County

BOILING SPRINGS

Tract 0210.09

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

CROMER . . . . . 6,290

EDMUND

Tract 0209.00

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

EMMANUEL CHURCH

Tract 0210.08

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

HOLLOW CREEK

Tract 0213.00

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

LAKE MURRAY. . . . . 1,935

LAKESIDE. . . . . 2,421

LEXINGTON 1. . . . . 5,740

LEXINGTON 2. . . . . 3,513

MOUNT HOREB. . . . . 2,649

OLD BARNWELL STORE

Tract 0206.02

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

Tract 0210.08

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

RED BANK SOUTH. . . . . 2,777

RED BANK. . . . . 5,117

Printed Page 709 . . . . . Wednesday, March 1, 1995
ROUND HILL

Tract 0210.04

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

Tract 0213.00

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

DISTRICT TOTAL. . . . . 38,345

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

SECTION 5. Act 217 of 1993 is repealed.

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

Renumber sections to conform.

Amend totals and title to conform.

Senator SETZLER explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

Recorded Vote

Senator SETZLER desired to be recorded as voting against the second reading of the Bill.

SECOND READING BILLS

The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

H. 3575 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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