South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate


Printed Page 1899 . . . . . Tuesday, April 29, 2003

Tuesday, April 29, 2003
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words from the 34th Psalm (11-12):

"Which of you desires life and covets many days to enjoy   good?...

Come, O children, listen to me; I will teach you the fear of the

Lord!"
Let us pray.

Father, we are thankful that for us You are not a question mark... but a stark and wondrous reality...

Be with us now, as we face this week's tasks: identifying our problem areas... marshalling the data... instructing each other... drawing conclusions... and making our decisions and commitments.

Grant to us, Father, a vision of our people's needs like You gave to Moses, the wisdom You gave to Solomon, the courage You gave to Joshua, the sense of mission You gave to St. Paul of Tarsus, that we may shudder through none of our problems, because we believe You will guide us all the way.
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Statewide Appointments

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2002, and to expire May 19, 2009

Horry

Vernie E. Dove, Sr., 1303 Azalea Court, Myrtle Beach, S.C. 29572 VICE William H. Alford (resigned)


Printed Page 1900 . . . . . Tuesday, April 29, 2003

Referred to the Committee on Judiciary.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 1998, and to expire May 19, 2005

3rd Congressional District

G. Dial Dubose, P. O. Box 1929, Easley, S.C. 29641 VICE Joseph Jackson Turner (resigned)

Referred to the Committee on Judiciary.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2001, and to expire May 19, 2008

Georgetown County

Guerry E. Green, 8 Lachicotte Drive, Pawleys Island, S.C. 29585 VICE James M. Wooten

Referred to the Committee on Judiciary.

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with term to commence May 19, 2000, and to expire May 19, 2007

4th Congressional District

Keith D. Munson, 112 Cliffwood Court, Greer, S.C. 29650 VICE Merl F. Code (resigned)

Referred to the Committee on Judiciary.

Initial Appointment, Board of Directors of the Jobs-Economic Development Authority, with term to commence July 27, 2001, and to expire July 27, 2004

At-Large

Joe E. Taylor, 47 Mahalo Lane, Columbia, S.C. 29204 VICE Keith Waring (resigned)

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Ports Authority, with term to commence June 4, 2001, and to expire June 4, 2008

At-Large


Printed Page 1901 . . . . . Tuesday, April 29, 2003

Harry J. Butler, Jr., One Dover Plantation, Georgetown, S.C. 29440 VICE Jack M. Scoville (resigned)

Referred to the Committee on Transportation.

Doctor of the Day

Senator RYBERG introduced Dr. Cindy Besson of Aiken, S.C., Doctor of the Day.

Expression of Personal Interest

Senator RANKIN rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator LEVENTIS rose for an Expression of Personal Interest.

The Senate rose for a moment of silence in memory of former Senator J. M. "BUD" LONG of Horry County.

Expression of Personal Interest

Senator KNOTTS rose for an Expression of Personal Interest.

Remarks by Senator KNOTTS

Thank you, Mr. PRESIDENT.

If I can have your attention for a moment, I would like to take the podium to talk about something you all have probably seen in the newspaper this past Sunday. A two and a half page write-up on the front of The State newspaper headlines an article concerning a town in my district that also is partially in Senator SETZLER's district in South Congaree.

You know, I have received many calls in the last day regarding that article. Now, all of a sudden when the item was published -- and we thought that this was going to be a negative article -- but, I would like to say, the people in that town have stood up for their police department. They have come together, with all the calls that I have received, in a positive manner. They are in a town that has not been policed properly for twenty years and finally have revamped the police department to become an aggressive police department.

Even though it was portrayed in the paper as a negative point, it turned out to be a very positive point for the town, because it let the people of South Congaree know that their elected officials, the mayor and the council, and the people involved, have avenues to air their


Printed Page 1902 . . . . . Tuesday, April 29, 2003

complaints. The town has in the past, not as a result of the article, not as the result of anything except the town's willingness to listen to its people's complaints and concerns. The thing is with all the accusations that have been implied against the police department, in the article it came across as a positive message for the town. They were talking about it in the churches on Sunday, praising our police department for enforcing the law.

Now, the paper implied that it was a speed trap -- a place where people were not safe to go because of the police department; but that was not the end result. The end result is that the people of South Congaree now know that their police department is a good police department. Because, if you read the article, there were three or four things mentioned that I would like to point out to you. First, they were not talking or accusing our police department or any of our employees of public corruption, police brutality, or of anything improper, except being aggressive and enforcing the law. What they accused them of was enforcing the law of South Carolina in a manner that should have been done years ago.

You see, three years ago before they revamped the police department, there were two drug cases made in the whole town in a year for possession of marijuana. In the first six months, I understand and have been told, there have been over four hundred arrests made that were drug related in the town. And the police stop them, charge them, and they go to court for it. Small crime leads to big crime. In other parts of this State we have had to put money, public safety coordinating council has had to put money, into the call in an attempt to control crime that got out of control where the criminals controlled who would or would not go to jail.

Honest, law-abiding citizens had a fear of going to court and serving on a jury. That has since been corrected. But in South Congaree, I want to take this opportunity to praise our mayor, our council, our police chief and our small police department for a job well done and thank them for what they have done. Also, I commend them for the fact they were not accused of what police departments are usually accused of and that they were simply accused of enforcing the law.

Thank you.

On motion of Senator KUHN, with unanimous consent, Senator KNOTTS' remarks would be printed in the Journal.


Printed Page 1903 . . . . . Tuesday, April 29, 2003

Leave of Absence

At 12:10 P.M., Senator RYBERG requested a leave of absence beginning at 10:00 P.M. on Thursday, May 1, 2003, and lasting until 8:00 A.M. on Monday, May 5, 2003.

Leave of Absence

At 12:13 P.M., Senator FORD requested a leave of absence from 5:00 - 9:00 P.M. Wednesday, April 30, 2003, and Thursday, May 1, 2003.

Leave of Absence

At 12:15 P.M., Senator HUTTO requested a leave of absence from 5:00 - 8:00 P.M. on Thursday, May, 8, 2003.

Leave of Absence

At 12:20 P.M., Senator FAIR requested a leave of absence from 4:00 P.M. until midnight tonight.

Leave of Absence

At 12:30 P.M., Senator LEVENTIS requested a leave of absence from 3:30 - 6:00 P.M. today.

RECALLED

H. 4029 (Word version) -- Reps. Witherspoon, Barfield, Edge, Keegan and Viers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE THAT CROSSES MAPLE SWAMP ALONG SOUTH CAROLINA HIGHWAY 65 IN HORRY COUNTY "JAMES F. FLEMING BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "JAMES F. FLEMING BRIDGE."

Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 3546 (Word version) -- Reps. Clemmons, Barfield, Edge, Keegan, Viers and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE


Printed Page 1904 . . . . . Tuesday, April 29, 2003

DEPARTMENT OF TRANSPORTATION TO NAME THE BOB GRISSOM PARKWAY CONNECTOR-HIGHWAY 17 BYPASS OVERPASS IN HORRY COUNTY IN HONOR OF THE LATE PRIVATE FIRST CLASS JOSEPH JOHN "JOE" MCGARRY OF THE MYRTLE BEACH POLICE DEPARTMENT, AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS OVERPASS CONTAINING THE WORDS "PFC JOE MCGARRY OVERPASS".

Senator RYBERG asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 3598 (Word version) -- Reps. Richardson, Bailey, Bowers, Clark, Clyburn, Edge, Hamilton, Herbkersman, Hosey, Kirsh, Limehouse, Mahaffey, Neilson, Owens, Quinn, Rivers, Sandifer, Simrill, Snow, Vaughn and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO PROVIDE THAT READING GLASSES ARE EXEMPT ITEMS DURING THE AUGUST SALES TAX HOLIDAY.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

The Bill was recalled from the Committee on Finance and ordered placed on the Calendar for consideration tomorrow.

RECALLED, AMENDED, READ THE SECOND TIME
WITH NOTICE OF GENERAL AMENDMENTS

S. 433 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 15 SO AS TO ENACT THE SOUTH CAROLINA NOTICE AND OPPORTUNITY TO CURE DWELLING CONSTRUCTION DEFECTS ACT TO ESTABLISH PROCEDURES FOR A HOMEOWNER OR PURCHASER TO ASSERT A CLAIM AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR A CONSTRUCTION DEFECT IN A


Printed Page 1905 . . . . . Tuesday, April 29, 2003

RESIDENTIAL DWELLING, TO REQUIRE A CLAIMANT TO COMPLY WITH THESE PROCEDURES BEFORE COMMENCING LITIGATION FOR A CONSTRUCTION DEFECT, AND TO PROHIBIT A PERSON FROM PROVIDING ANYTHING OF MONETARY VALUE TO A PROPERTY MANAGER OR A MEMBER OR OFFICER OF AN EXECUTIVE BOARD OF A HOMEOWNER'S ASSOCIATION TO INDUCE THE INDIVIDUAL TO ENCOURAGE OR DISCOURAGE THE ASSOCIATION TO FILE A CLAIM FOR CONSTRUCTION DEFECTS AND TO PROVIDE PENALTIES FOR SUCH VIOLATION.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the committee.

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

There was no objection.

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

Senators MOORE, MARTIN, GREGORY, RANKIN and MALLOY proposed the following amendment (JUD0433.002), which was adopted:

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

/   SECTION   1.   Title 15 of the 1976 Code is amended by adding:

  "CHAPTER 47

Notice and Opportunity to Cure

Construction Dwelling Defects

Section 15-47-10.   This chapter may be cited as the 'South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act'.

Section 15-47-20.   As used in this chapter:

(1)   'Action' means any civil lawsuit or action or arbitration proceeding for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the design, construction, condition, or sale of the dwelling or a remodel of a dwelling.


Printed Page 1906 . . . . . Tuesday, April 29, 2003

(2)   'Claimant' means a homeowner, including a subsequent purchaser, who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning a defect in the design, construction, condition, or sale of a dwelling or in the remodel of a dwelling.

(3)   'Construction defect' means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following:

(a)   defective material, products, or components used in the construction of residential improvements;

(b)   violation of the applicable codes in effect at the time of construction of residential improvements;

(c)   failure of the design of residential improvements to meet the applicable professional standards of care at the time of governmental approval of the design of residential improvements; or

(d)   failure to construct residential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction. Compliance with the applicable codes in effect at the time of construction conclusively establishes construction in accordance with accepted trade standards for good and workmanlike construction, with respect to all matters specified in those codes.

(4)   'Contractor' means a person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, developing, constructing, or selling dwellings.

(5)   'Design professional' means:

(a)   a person licensed in this State as an architect, landscape architect, engineer, or surveyor; or

(b)   an interior designer.

(6)   'Designer' means:

(a)   a person who designs one- and two-family dwellings, but is exempt from licensing under Title 40, Chapter 3; or

(b)   an interior designer.

  (7)   'Dwelling' means a single-family house or duplex or a multifamily unit not to exceed ten units and not to exceed three stories in height, and which is intended for residential use. A dwelling includes the systems and other components and improvements that are part of a single or multifamily unit at the time of construction.

(8)   'Serve' or 'service' means personal service or delivery by certified mail to the last known address of the addressee.


Printed Page 1907 . . . . . Tuesday, April 29, 2003

(9)   'Subcontractor' means a contractor who performs work on behalf of another contractor in the construction of a dwelling.

(10)   'Supplier' means a person who provides materials, equipment, or other supplies for the construction of the dwelling.

Section 15-47-30.   If the claimant files a dwelling action without first complying with the provisions of this chapter, on motion of a party to the action, the court must stay the action until the claimant has complied with the requirements of this chapter.

Section 15-47-40.   (A)   In an action brought against a contractor arising out of the construction of a dwelling, the claimant must, no later than ninety days before filing the action, serve written notice of claim on the contractor. The notice of claim must: (1) state that the claimant asserts a construction defect claim, (2) describe the claim or claims in reasonable detail sufficient to determine the general nature of any alleged construction defects, and (3) include a description of the results of the defects, if known.

(B)   Within fifteen days after the initial service of the notice of claim required pursuant to subsection (A), the contractor must serve a copy of the notice to each subcontractor, supplier, and design professional who the contractor reasonably believes is responsible for a defect specified in the notice and include with the notice the specific defect for which the contractor believes the subcontractor, supplier, or design professional is responsible.

(C)   Upon the request of the contractor, subcontractor, supplier, or design professional who has received a notice pursuant to subsection (A) or (B), the claimant must provide to the contractor, subcontractor, supplier, or design professional any evidence that depicts the nature and cause of the defect and the nature and extent of repairs necessary to remedy the defect including, but not limited to, expert reports, photographs, and videotapes, if that evidence would be discoverable under state law or South Carolina rules of evidence.

(D)   Within thirty days after service of the notice of claim pursuant to subsection (A) or (B), each contractor, subcontractor, supplier, or design professional who has received a notice of claim must serve a written response on the claimant. The written response must:

(1)   offer to compromise and settle the claim by monetary payment without inspection;

(2)   propose to inspect the dwelling that is the subject of the claim; or


Printed Page 1908 . . . . . Tuesday, April 29, 2003

(3)   state that the contractor, subcontractor, supplier, or design professional, as appropriate, disputes the claim and will neither remedy the alleged construction defect nor compromise and settle the claim.

(E)   If the contractor, subcontractor, supplier, or design professional disputes the claim pursuant to subsection (D) and does not (1) remedy the alleged construction defect, (2) compromise and settle the claim, or (3) respond to the claimant's notice of claim within the time allowed in subsection (D), the claimant may bring an action against the contractor, subcontractor, supplier, or design professional for the claim described in the notice of claim without further notice.

(F)   If the claimant rejects the settlement offer or the inspection proposal made by the contractor, subcontractor, supplier, or design professional pursuant to subsection (D), the claimant must serve written notice of his rejection on the contractor, subcontractor, supplier, or design professional. The notice must include the basis for the claimant's rejection of the offer or proposal. After service of the notice of rejection, the claimant may bring an action against the contractor, subcontractor, supplier, or design professional for the claim described in the initial notice of claim made pursuant to subsection (A) or (B) without further notice.

(G)   If the claimant elects to allow the contractor, subcontractor, supplier, or design professional to inspect the dwelling in accordance with the proposal made by the contractor, subcontractor, supplier, or design professional's proposal pursuant to subsection (D), the claimant must provide the contractor, subcontractor, supplier, or design professional and its contractors or other agents reasonable access to the claimant's residence during normal working hours to inspect the premises and the claimed defect to determine the nature and cause of the alleged defects and the nature and extent of any repairs or replacements necessary to remedy the alleged defects.

(H)   Within fourteen days after completion of the inspection, the contractor, subcontractor, supplier, or design professional, as appropriate, must serve on the claimant:

(1)   a written offer to:

(a)   remedy the construction defect at no cost to the claimant, including a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction necessary to remedy the defect described in the claim, and a timetable for the completion of the construction or repair;

(b)   compromise and settle the claim by monetary payment; or


Printed Page 1909 . . . . . Tuesday, April 29, 2003

(2)   a written statement that the contractor, subcontractor, supplier, or design professional does not intend to proceed further to remedy the defect.

(I)   If the claimant: (1) accepts the offer of a contractor, subcontractor, supplier, or design professional made pursuant to subsection (H) but the contractor, subcontractor, supplier, or design professional does not proceed to remedy the construction defect within the offer's stated timetable or make the monetary payment; or (2) receives a written statement that the contractor, subcontractor, supplier, or design professional will not proceed to remedy the defect, the claimant may bring an action against the contractor, subcontractor, supplier, or design professional, as appropriate, in the initial notice of claim made pursuant to subsection (A) or (B) without further notice.

(J)   If the claimant rejects the offer made pursuant to item (1) of subsection (H) by the contractor, subcontractor, supplier, or design professional to remedy the construction defect or to compromise and settle the claim by monetary payment, the claimant must serve written notice of the claimant's rejection on the contractor, subcontractor, supplier, or design professional. The notice must include the basis for the claimant's rejection of the offer of the contractor, subcontractor, supplier, or design professional. After service of the rejection, the claimant may bring an action against the contractor, subcontractor, supplier, or design professional, as appropriate, in the initial notice of claim made pursuant to subsection (A) or (B) without further notice.

(K)   If the claimant accepts the offer made pursuant to item (1) of subsection (H) by the contractor, subcontractor, supplier, or design professional to remedy the construction defects, the claimant must serve the contractor, subcontractor, supplier, or design professional with a written notice of acceptance no later than thirty days after receipt of the offer.

(L)   If the claimant accepts the offer made pursuant to subsection (H) by a contractor, subcontractor, supplier, or design professional to repair a defect, the claimant must provide the contractor, subcontractor, supplier, or design professional and its contractors or other agents reasonable access to the claimant's residence during normal working hours to perform and complete the construction by the timetable stated in the offer.

(M)   The claimant's failure to allow a reasonable inspection requested by the contractor, subcontractor, supplier, or design professional, or provide a good faith, written response to a contractor, subcontractor, supplier, or design professional's offer is admissible in


Printed Page 1910 . . . . . Tuesday, April 29, 2003

an action pursuant to this chapter, and creates a rebuttable presumption that the claimant's damages could have been mitigated.

(N)   The failure of a contractor, subcontractor, supplier, or design professional to respond, in good faith pursuant to subsection (D), to the claimant's initial notice of claim made pursuant to subsection (A) or (B) precludes the contractor, subcontractor, supplier, or design professional from asserting that the claimant did not comply with the provisions of this chapter.

(O)   The claimant's written notice made pursuant to subsection (A) tolls the applicable statute of limitations and statute of repose under Title 15, Chapter 3 for one hundred twenty days after the date the contractor, subcontractor, supplier, or design professional receives the notice.

Section 15-47-50.   A construction defect which is discovered after the claimant has provided a contractor with the notice of claim pursuant to Section 15-47-40(A) must not be the subject of a civil action until the claimant has given the contractor, subcontractor, supplier, or design professional who performed the original construction:

(1)   written notice of the alleged defect pursuant to Section 15-47-40; and

(2)   a reasonable opportunity to repair the alleged construction defect in the manner provided for in Section 15-47-40.

Section 15-47-60.   (A)   A contractor, subcontractor, supplier, or design professional who receives notice of a construction defect pursuant to Section 15-47-40 may present the notice to an insurer that issued a policy of insurance covering all or part of the conduct or business of the contractor, subcontractor, supplier, or design professional.

(B)   A notice provided to an insurer pursuant to subsection (A):

(1)   constitutes the making of a claim under the policy; and

(2)   requires the contractor, subcontractor, supplier, or design professional and the insurer to perform any obligations or duties required by the policy upon the making of a claim.

Section   15-47-70.   (A)   Upon entering into a contract for sale, construction, or substantial remodel of a dwelling, the contractor, subcontractor, supplier, or design professional must provide notice to the owner of the dwelling of the right of the contractor, subcontractor, supplier, or design professional to offer to cure construction defects before the claimant may commence litigation against the contractor, subcontractor, supplier, or design professional. This notice must be conspicuous and may be included as part of the underlying contract.


Printed Page 1911 . . . . . Tuesday, April 29, 2003

(B)   The notice required by subsection (A) must be in substantially the following form:

'SOUTH CAROLINA LAW REQUIRES THAT YOU MAY NOT PROCEED WITH A LAWSUIT ALLEGING A DEFECT ARISING OUT OF OR RELATED TO THE DESIGN, CONSTRUCTION, OR CONDITION OF YOUR HOME UNTIL YOU NOTIFY THE CONTRACTOR OF THE ALLEGED DEFECT AND GIVE THE CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS THE OPPORTUNITY TO REPAIR THE DEFECT OR COMPENSATE YOU FOR THE DEFECT. TO COMPLY WITH THIS LAW, YOU MUST DELIVER TO THE CONTRACTOR A WRITTEN NOTICE OF ANY CONDITIONS YOU ALLEGE ARE DEFECTIVE. THE NOTICE TO THE CONTRACTOR, AND ALL SUBSEQUENT NOTICES BETWEEN YOU AND THE CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS MUST BE MADE IN WRITING AND DELIVERED IN PERSON OR MAILED BY CERTIFIED MAIL. AFTER NOTIFYING THE CONTRACTOR OF THE DEFECT, YOU MAY BE REQUIRED TO GIVE THE CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS ACCESS TO YOUR HOME TO INSPECT THE ALLEGED DEFECT. THAT CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, AND DESIGN PROFESSIONALS HAVE 30 DAYS TO RESPOND TO YOUR NOTICE. THE CONTRACTOR IS NOT UNDER ANY OBLIGATION TO REPAIR THE DEFECT AND YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS. IF YOU ACCEPT THE CONTRACTOR'S OFFER TO MAKE REPAIRS, YOU ALSO WILL BE REQUIRED TO GIVE THE CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS, AND DESIGN PROFESSIONALS REASONABLE ACCESS TO YOUR HOME TO EFFECT THE REPAIRS. THIS IN NO WAY WAIVES YOUR RIGHTS AS PRESCRIBED BY APPLICABLE STATUTES TO PROCEED WITH A LAWSUIT, IF YOU BELIEVE THE ALLEGED DEFECT WAS NOT CORRECTED.'

Section 15-47-80.   A contractor who constructs or improves a residential dwelling must, within thirty days after the close of the sale, provide in writing to the initial purchaser of the residence:


Printed Page 1912 . . . . . Tuesday, April 29, 2003

(1)   the name, license number, business address, and telephone number of each licensed subcontractor, supplier, and design professional who performed any work related to the design or construction of the dwelling; and

(2)   a brief description of the work performed by each licensed subcontractor, supplier, and design professional.

Section 15-47-90.   Nothing in this chapter applies to actions arising out of claims for personal injury or death, or both."

SECTION   2.   Court Administration must develop a designation on the Civil Action Cover Sheet which indicates whether a one hundred twenty-day stay has been granted for a civil action filed pursuant to the S.C. Notice and Opportunity to Cure Construction Defects Act.

SECTION   3.   This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date.   /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 666 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE GEORGE M. SMITH OF WEST COLUMBIA UPON THE OCCASION OF HIS RETIREMENT FROM THE WIL LOU GRAY OPPORTUNITY SCHOOL AFTER TWENTY-FIVE YEARS OF DEDICATED SERVICE AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 667 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT THE FAMILY COURT MAY ORDER THAT CUSTODY OF A MINOR CHILD BE AWARDED TO THE


Printed Page 1913 . . . . . Tuesday, April 29, 2003

CHILD'S DE FACTO CUSTODIAN UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 20-7-1540, SO AS TO DEFINE "DE FACTO CUSTODIAN" AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH CUSTODY OF A MINOR CHILD MAY BE AWARDED TO A DE FACTO CUSTODIAN.
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Read the first time and referred to the Committee on Judiciary.

S. 668 (Word version) -- Senator Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-5-15 SO AS TO AUTHORIZE A MUNICIPALITY, COUNTY, SCHOOL DISTRICT, OTHER LOCAL GOVERNMENT UNIT OR POLITICAL SUBDIVISION, OR A COUNTY TREASURER TO SECURE DEPOSITS MADE BY THEM IN THE FORM OF A LETTER OF CREDIT, AND TO PROVIDE THE REQUIREMENTS FOR THESE LETTERS OF CREDIT.
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Read the first time and referred to the Committee on Judiciary.

S. 669 (Word version) -- Senator Grooms: A BILL TO AMEND CHAPTER 1 OF TITLE 47 OF THE 1976 CODE, BY ADDING SECTION 47-1-220 TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS CONCERNING THE OPERATION OF A PUBLIC OR PRIVATE ANIMAL REFUGE.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 670 (Word version) -- Senators Hutto, Verdin and Waldrep: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, REQUIRING DISCIPLINARY PROCEEDINGS TO BE


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OPEN TO THE PUBLIC AND TO PROVIDE EXCEPTIONS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 671 (Word version) -- Senator Ford: A BILL TO AMEND SECTION 44-7-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL RECORD CHECKS FOR DIRECT CAREGIVERS IN NURSING HOMES AND OTHER FACILITIES PROVIDING CARE TO ADULTS, SO AS TO REQUIRE A FACILITY TO COMMENCE A CRIMINAL RECORD CHECK WITHIN SEVEN DAYS OF EMPLOYING OR CONTRACTING WITH A DIRECT CAREGIVER, TO REQUIRE EMPLOYMENT AGENCIES PLACING DIRECT CAREGIVERS TO HAVE SUCH CHECKS CONDUCTED AND TO MAINTAIN A RECORD OF THE RESULTS OF THE CHECK AT THE EMPLOYMENT AGENCY, TO DELETE FACULTY AND STUDENTS IN EDUCATIONAL PROGRAMS IN DIRECT CARE FACILITIES FROM THE DEFINITION OF "DIRECT CAREGIVER", TO REQUIRE A DIRECT CAREGIVER ANNUALLY TO SIGN A STATEMENT THAT HE HAS NOT BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES, AND TO DELETE PROVISIONS EXEMPTING CAREGIVER APPLICANTS WHO ARE RESIDENTS OF NORTH CAROLINA OR GEORGIA FROM A FEDERAL CRIMINAL RECORD CHECK.
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Read the first time and referred to the Committee on Medical Affairs.

S. 672 (Word version) -- Senator Waldrep: A CONCURRENT RESOLUTION CONGRATULATING MICHELLE JEWETT OF CENTERVILLE ELEMENTARY SCHOOL IN THE ANDERSON COUNTY SCHOOL DISTRICT FOR BEING NAMED THE EARTH SCIENCE TEACHER OF THE YEAR BY THE MINING ASSOCIATION OF SOUTH CAROLINA, THE SOUTH CAROLINA DEPARTMENT OF EDUCATION, AND THE UNIVERSITY OF SOUTH CAROLINA CENTER FOR SCIENCE EDUCATION AND EXTENDING


Printed Page 1915 . . . . . Tuesday, April 29, 2003

SINCERE APPRECIATION FOR HER OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 673 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION JOINING THE CITIZENS OF THE STATE OF SOUTH CAROLINA IN EXPRESSING THEIR GREAT SADNESS UPON THE DEATH OF FORMER STATE SENATOR ISADORE E. LOURIE AND MEMORIALIZING HIS GOOD WORKS AND HIS GOOD HEART.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3079 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 50-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR TO BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, SO AS TO PROVIDE THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAXES FOR PROPERTY TAX YEARS BEGINNING AFTER 1999 AND TO ELIMINATE UNNECESSARY LANGUAGE AND MAKE TECHNICAL CHANGES, TO PROVIDE THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, TO PROVIDE THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE 2001 PURSUANT TO THE PROVISIONS OF THIS ACT; AND TO REPEAL ACT 451 OF 2002 RELATING TO PROPERTY TAXES ON WATERCRAFT AND MOTORS AND APPLICABLE ONLY FOR LEXINGTON COUNTY WITH SIMILAR PROVISIONS.
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Read the first time and referred to the Committee on Finance.

H. 3187 (Word version) -- Reps. Merrill, Viers, Stille, Walker, Richardson, Cotty and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH


Printed Page 1916 . . . . . Tuesday, April 29, 2003

CAROLINA, 1976, BY ADDING SECTION 2-17-55 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS TO EMPLOY OR CONTRACT WITH A LOBBYIST AND TO PROVIDE EXCEPTIONS.
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Read the first time and referred to the Committee on Judiciary.

H. 3223 (Word version) -- Reps. Lourie, Altman, Bailey, Bales and Richardson: A BILL TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS AUTHORIZING THE SALE OF BEER OR WINE AND SECTION 61-6-180, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES TO SELL ALCOHOLIC LIQUORS AND OTHER BEVERAGES, SO AS TO PROVIDE THAT THE NOTICES REQUIRED TO BE PUBLISHED IN CONNECTION WITH THESE APPLICATIONS MUST BE PUBLISHED IN THE NEWSPAPER OF GREATEST CIRCULATION IN THE AREA WHERE THE ESTABLISHMENT IS TO BE LOCATED.
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Read the first time and referred to the Committee on Judiciary.

H. 3397 (Word version) -- Reps. Walker, Lourie and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-80 SO AS TO ENCOURAGE TEXTBOOK PUBLISHERS TO PROVIDE COMPACT DISC COPIES OF THE TEXTBOOK OR AN EXTRA COPY OF THE TEXTBOOK FOR USE AT HOME FOR EACH MIDDLE AND SECONDARY SCHOOL TEXTBOOK PROVIDED TO THE STATE.
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Read the first time and referred to the Committee on Education.

H. 3426 (Word version) -- Reps. Cobb-Hunter, Jennings, Bingham, Toole, Neilson, Clark and Bales: A BILL TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO THE COMMISSION, DELETE OBSOLETE LANGUAGE, AND INCLUDE AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE


Printed Page 1917 . . . . . Tuesday, April 29, 2003

MINORITY COMMUNITY AND TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, ESTABLISHING CERTAIN ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, AND OTHER MINORITY GROUPS AND TO PROVIDE THAT THE ADDITIONAL DUTIES ASSIGNED TO THE COMMISSION ARE CONTINGENT UPON FUNDING.
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Read the first time and referred to the Committee on Judiciary.

H. 3705 (Word version) -- Reps. Vaughn, Haskins, Hosey, Bailey, Hayes, Barfield, Cato, Ceips, Davenport, Frye, Herbkersman, J. Hines, Hinson, Koon, Leach, Limehouse, Mahaffey, Moody-Lawrence, Neilson, M. A. Pitts, Rice, Rivers, Simrill, J. R. Smith, Hamilton, W. D. Smith, Snow, Stille, Tripp and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT EDUCATION FOUNDATIONS THAT PROVIDE ACADEMIC ASSISTANCE GRANTS FOR CHILDREN WHO ATTEND PUBLIC OR NONGOVERNMENT SCHOOLS, A MAJORITY OF WHOM MUST QUALIFY FOR NEEDS-BASED ASSISTANCE, TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF, THESE INCOME TAX CREDITS, AND TO DEFINE CERTAIN TERMS.
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Read the first time and referred to the Committee on Finance.

H. 3737 (Word version) -- Reps. Loftis, Bingham, Chellis, Harrison, Hinson, Leach, Merrill, Perry, Sandifer, Toole and Whitmire: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF SUSPENDED OR REVOKED DRIVER'S LICENSES, MOTOR VEHICLE REGISTRATION CARDS, AND MOTOR VEHICLE LICENSE PLATES, SO AS TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER CONFISCATES A LICENSE PLATE, HE SHALL LEAVE NOTICE AT THE LOCATION WHERE THE


Printed Page 1918 . . . . . Tuesday, April 29, 2003

LICENSE PLATE WAS CONFISCATED THAT CONTAINS HIS NAME AND LAW ENFORCEMENT AGENCY, THE DATE THE LICENSE PLATE WAS CONFISCATED, THE REASON IT WAS CONFISCATED, AND THE LOCATION WHERE THE LICENSE PLATE IS STORED.
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Read the first time and referred to the Committee on Transportation.

H. 3741 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEES GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT EMPLOYEES IN A CHIEF OF STAFF OR EQUIVALENT POSITION, THOSE EMPLOYEES AS DETERMINED BY THE OFFICE OF HUMAN RESOURCES OF THE BUDGET AND CONTROL BOARD TO BE WITHIN TWO MANAGERIAL LEVELS OF EITHER THE AGENCY HEAD OR THE CHIEF OF STAFF OR EQUIVALENT POSITION, AND ANY EMPLOYEES EARNING AN ANNUAL EQUIVALENT SALARY IN EXCESS OF EIGHTY THOUSAND DOLLARS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PROCEDURE TO ADJUST THE EIGHTY THOUSAND DOLLAR FIGURE REFERENCED ABOVE EVERY FOUR YEARS.
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Read the first time and referred to the Committee on Judiciary.

H. 3867 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 14-25-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND COMPOSING A JURY IN MUNICIPAL COURT, SO AS TO INCREASE THE SIZE OF THE POOL FROM WHICH JURORS ARE SELECTED, AND TO DELETE A PROVISION FOR DRAWING A JURY FOR A SINGLE TRIAL WHICH REQUIRES PEREMPTORY CHALLENGES IN ADVANCE OF THE TRIAL DATE; TO AMEND SECTIONS 22-2-80 AND 22-2-90, BOTH AS AMENDED, RELATING TO SELECTION OF A JURY IN MAGISTRATES COURT, SO AS TO INCREASE THE SIZE OF THE JURY POOL FROM WHICH A JURY IS SELECTED; TO AMEND SECTION 22-2-100, RELATING TO THE PROCEDURE FOR SELECTING PRIMARY AND ALTERNATE JURORS IN MAGISTRATES COURT, SO AS TO CHANGE LANGUAGE CONSISTENT WITH OTHER CHANGES


Printed Page 1919 . . . . . Tuesday, April 29, 2003

MADE IN SECTION 14-25-165; AND TO AMEND SECTION 22-2-120, RELATING TO THE SELECTION OF ADDITIONAL JURORS IN MAGISTRATES COURT AT THE TIME OF TRIAL, SO AS TO DELETE ARCHAIC LANGUAGE.
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Read the first time and referred to the Committee on Judiciary.

H. 3899 (Word version) -- Reps. Harrell, Wilkins, Altman, Bailey, Bales, Battle, Bingham, Cato, Ceips, Clark, Cooper, Cotty, Dantzler, Duncan, Edge, Gilham, Harrison, Haskins, Herbkersman, Jennings, Keegan, Leach, Limehouse, Littlejohn, Loftis, E. H. Pitts, Mahaffey, Cobb-Hunter, McCraw, J. H. Neal, Perry, Mack, Quinn, Howard, Rhoad, Rutherford, Rice, Lourie, Sandifer, Neilson, Skelton, Miller, D. C. Smith, Bowers, J. E. Smith, Ott, J. R. Smith, Owens, W. D. Smith, Whipper, Snow, Stewart, Talley, Thompson, Tripp, Trotter, Umphlett, Vaughn, White, Whitmire and Witherspoon: A BILL TO ENACT THE SOUTH CAROLINA RESEARCH UNIVERSITY RESTRUCTURING AND INFRASTRUCTURE ACT OF 2003; TO AMEND SECTIONS 59-103-5, 59-103-10, AS AMENDED, 59-103-15, AS AMENDED, 59-103-20, AS AMENDED, 59-103-25, 59-103-30, 59-103-35, AS AMENDED, 59-103-36, 59-103-40, 59-103-45, AS AMENDED, 59-103-60, AS AMENDED, 59-103-65, 59-103-70, 59-103-90, AS AMENDED, 59-103-130, 59-103-140, 59-103-150, 59-103-160, 59-103-165, 59-103-170, 59-103-180, 59-103-190, 59-103-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO DEFINE CERTAIN TERMS, CHANGE THE COMPOSITION OF THE COMMISSION TO DELETE REPRESENTATIVES OF THE RESEARCH UNIVERSITIES FROM THE COMMISSION, PROVIDE WHEN RESEARCH UNIVERSITIES ARE SUBJECT TO THE PROVISIONS OF THIS CHAPTER, AND MAKE OTHER TECHNICAL CHANGES; BY ADDING SECTION 59-103-210, SO AS TO EXEMPT RESEARCH UNIVERSITIES FROM THE PROVISIONS OF CHAPTER 103, TITLE 59 AND THE COUNCIL OF THE COMMISSION ON HIGHER EDUCATION UNLESS EXPRESSLY STATED IN THE CHAPTER; BY ADDING SECTION 59-103-220 SO AS TO DIRECT THE COMMISSION ON HIGHER EDUCATION, THE RESEARCH OVERSIGHT COUNCIL, PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER LEARNING, AND RESEARCH UNIVERSITIES TO WORK TOGETHER TO IMPROVE SERVICE AND EDUCATION; BY ADDING CHAPTER


Printed Page 1920 . . . . . Tuesday, April 29, 2003

155 TO TITLE 59 SO AS TO CREATE THE SOUTH CAROLINA RESEARCH OVERSIGHT COUNCIL, DEFINE CERTAIN TERMS, PROVIDE FOR THE MEMBERSHIP OF THE COUNCIL, SET FORTH THE COUNCIL'S MISSION, GOALS, POWERS, DUTIES, AND RESPONSIBILITIES, PROVIDE FOR THE COUNCIL'S COLLECTION OF DATA AND THE MEASURE OF PERFORMANCE FOR RESEARCH UNIVERSITIES, PROVIDE FOR THE PREPARATION OF A BUDGET FOR RESEARCH UNIVERSITIES, SET FORTH THE RESPONSIBILITY OF THE RESEARCH OVERSIGHT COUNCIL TO MAKE RECOMMENDATIONS REGARDING RESEARCH UNIVERSITIES, PROVIDE FUNDING FOR THE COUNCIL, PROVIDE AN EXECUTIVE DIRECTOR AND STAFF FOR THE COUNCIL, PROVIDE FOR THE CREATION OF COMMITTEES, PROVIDE FOR THE APPROVAL OF NEW FACILITIES WITH RESPECT TO RESEARCH UNIVERSITIES, PROVIDE FOR EXPENDITURE OF NONSTATE FUNDS AND THE USE OF FEE WAIVERS, PROVIDE RESEARCH GRANT POSITIONS PURSUANT TO CERTAIN CONDITIONS AND CERTAIN FUNDING SOURCES; TO AMEND SECTION 2-75-10 AND SECTION 2-75-70, BOTH RELATING TO THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD, SO AS TO CONFORM ACTIVITIES OF THE RESEARCH CENTERS OF EXCELLENCE REVIEW BOARD WITH THE DUTIES AND POWERS OF THE RESEARCH OVERSIGHT COUNCIL; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE PROCUREMENT CODE, SO AS TO PROVIDE THAT CONSTRUCTION OF A FACILITY ON LAND OWNED OR OCCUPIED BY A RESEARCH UNIVERSITY IS EXEMPT FROM THE PROCUREMENT CODE PROVIDED CERTAIN CONDITIONS ARE MET; TO AMEND SECTIONS 59-118-30, AS AMENDED, 59-118-60, 59-118-70, 59-118-80, 59-118-90, 59-118-100, ALL RELATING TO THE SOUTH CAROLINA ACADEMIC ENDOWMENT ACT, AND TO ADD SECTIONS 59-118-75, 59-118-95, AND 59-118-105 SO AS TO DEFINE "RESEARCH UNIVERSITY" AND PROVIDE THAT THE PORTION OF STATE MATCHING FUNDS THAT ARE CURRENTLY AVAILABLE TO RESEARCH UNIVERSITIES WILL BE ADMINISTERED BY THE RESEARCH OVERSIGHT COUNCIL; BY ADDING CHAPTER 51 TO TITLE 11 SO AS TO ENACT THE STATE GENERAL OBLIGATION ECONOMIC

Printed Page 1921 . . . . . Tuesday, April 29, 2003

DEVELOPMENT AND RESEARCH UNIVERSITY BOND ACT, DEFINE CERTAIN TERMS, PROVIDE FOR THE ISSUANCE AND SALE OF BONDS PURSUANT TO CERTAIN CONDITIONS, PROVIDE FOR NOTIFICATION TO THE JOINT BOND REVIEW COMMITTEE AND THE STATE BUDGET AND CONTROL BOARD, PROVIDE FOR EXPIRATION OF THE RIGHT TO ISSUE BONDS, PROVIDE FOR AN AUTHORIZING RESOLUTION TO ISSUE THE BONDS, PROVIDE FOR MATURITY OF THE BONDS, PROVIDE FOR TAX EXEMPT STATUS OF THE BONDS, PROVIDE FOR PAYMENT OF PRINCIPAL AND INTEREST ON THE BONDS, PROVIDE FOR PURCHASE OF BONDS, PROVIDE FOR EXPENDITURE OF PROCEEDS OF THE BONDS; AND TO REPEAL CHAPTER 41 OF TITLE 11 RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT.
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Read the first time and referred to the Committee on Finance.

H. 3900 (Word version) -- Reps. Harrell, Wilkins, Cato, Keegan, Cooper, Loftis, Altman, Ceips, Clark, Clemmons, Dantzler, Duncan, Haskins, Herbkersman, Hinson, Huggins, Limehouse, Littlejohn, Mahaffey, Cobb-Hunter, Perry, E. H. Pitts, M. A. Pitts, Mack, Richardson, J. H. Neal, Sandifer, Howard, Simrill, Bales, Skelton, Neilson, J. R. Smith, Owens, Snow, Talley, Trotter, Bailey, Umphlett, White, Whitmire, Thompson, Witherspoon, Whipper and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 11 SO AS TO ENACT THE "VENTURE CAPITAL INVESTMENT ACT OF SOUTH CAROLINA" TO PROVIDE FOR THE ESTABLISHMENT OF A FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND IN THE DEPARTMENT OF COMMERCE KNOWN AS THE VENTURE CAPITAL FUND, TO PROVIDE FOR THE MANAGEMENT OF THIS SPECIAL FUND, TO PROVIDE FOR MONIES TO BE OBTAINED BY THE FUND FOR ITS STATED PURPOSES THROUGH LOANS MADE BY CERTAIN LENDERS, TO PROVIDE FOR REPAYMENTS TO LENDERS, AND TO PROVIDE THAT LENDERS SHALL RECEIVE TAX CREDITS WHICH MAY BE USED AS A CONTINGENT RESOURCE TO MEET PRINCIPAL AND INTEREST PAYMENTS WHEN DUE, TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH INVESTMENTS FROM THE FUND MAY BE MADE IN VENTURE


Printed Page 1922 . . . . . Tuesday, April 29, 2003

CAPITAL INVESTMENTS FOR THE BENEFIT OF THIS STATE; TO ESTABLISH THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND UNDER THE ADMINISTRATION OF THE BOARD OF DIRECTORS OF THE VENTURE CAPITAL FUND AND PROVIDE FOR ITS USES, AND TO PROVIDE THAT ON THE EFFECTIVE DATE OF THIS ACT, THE ASSETS AND LIABILITIES OF THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP, AS ESTABLISHED IN CHAPTER 44, TITLE 41 OF THE 1976 CODE, ARE TRANSFERRED TO THE SOUTH CAROLINA TECHNOLOGY INNOVATION FUND WITHIN THE SOUTH CAROLINA VENTURE CAPITAL FUND; AND TO REPEAL CHAPTER 44, TITLE 41 RELATING TO THE PALMETTO SEED CAPITAL FUND LIMITED PARTNERSHIP.
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Read the first time and referred to the Committee on Finance.

H. 4006 (Word version) -- Reps. Harrell, Limehouse, Scarborough, Altman, Hagood, Merrill, Breeland, Whipper, R. Brown, Young, Hinson, Miller and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-425 SO AS TO PROVIDE THAT TRIDENT TECHNICAL COLLEGE IS AUTHORIZED TO ESTABLISH A FOUR-YEAR CULINARY CURRICULUM PROGRAM AND AWARD BACCALAUREATE DEGREES IN CULINARY ARTS FOR STUDENTS GRADUATING FROM THIS PROGRAM, AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING FOR THIS PROGRAM SHALL BE PROVIDED.
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Read the first time and referred to the Committee on Education.

H. 4016 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 130, TITLE 59 SO AS TO ENACT "THE COLLEGE OF CHARLESTON ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT" WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH THE COLLEGE OF CHARLESTON MAY ISSUE CERTAIN REVENUE BONDS FOR THE ACQUISITION OF ACADEMIC AND ADMINISTRATIVE BUILDINGS.
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Read the first time and referred to the Committee on Finance.


Printed Page 1923 . . . . . Tuesday, April 29, 2003

H. 4072 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE DEWITT MIZE, OCONEE COUNTY FIRE MARSHAL, FOR HIS DISTINGUISHED CAREER OF PUBLIC SERVICE UPON HIS RETIREMENT.
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The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:

S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.

Ordered for consideration tomorrow.

S. 356 -- Ordered to a Second Reading with Notice of
General Amendments

On motion of Senator HUTTO, S. 356 was ordered to receive a second reading with notice of general amendments on the next legislative day.

Senator GLOVER from the Committee on Judiciary submitted a favorable report on:

S. 424 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-235 SO AS TO PROVIDE THAT AGENCIES WHICH EMPLOY LAW ENFORCEMENT OFFICERS TO ENFORCE THE TRAFFIC LAWS OF THIS STATE MUST COLLECT AND MAINTAIN CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT INCLUDING, BUT NOT LIMITED TO, THE RACE OR ETHNICITY OF THE DRIVER STOPPED; AND TO REPEAL SECTION 23-1-235 RELATING TO THE COLLECTION


Printed Page 1924 . . . . . Tuesday, April 29, 2003

AND MAINTENANCE OF CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT BY LAW ENFORCEMENT OFFICERS.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:

S. 430 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC HIGHWAYS, SO AS TO UPDATE AND INCREASE THE MEMBERSHIP OF THE SCENIC HIGHWAYS COMMITTEE.

Ordered for consideration tomorrow.

CONCURRENCE

S. 203 (Word version) -- Senators Jackson, McConnell, Matthews, Courson, Anderson, Ford, Glover, Malloy, Patterson, Pinckney and Kuhn: A BILL TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER 77, SO AS TO MAKE CERTAIN LEGISLATIVE FINDINGS AND TO ESTABLISH THE SOUTH CAROLINA HIGHER EDUCATION EQUALIZATION PROGRAM FOR THE PURPOSE OF REQUIRING THE COMMISSION ON HIGHER EDUCATION TO ENTER INTO CONTRACTS WITH PRIVATE COLLEGES AND UNIVERSITIES TO BE USED FOR CERTAIN PURPOSES INTENDED TO ENHANCE THE EDUCATIONAL OPPORTUNITIES OF LOW-INCOME, EDUCATIONALLY AND SOCIALLY DISADVANTAGED STUDENTS.

The House returned the Bill with amendments.

On motion of Senator JACKSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

CONCURRENCE

S. 224 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 24-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE


Printed Page 1925 . . . . . Tuesday, April 29, 2003

TERM "YOUTHFUL OFFENDER" INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY; AND BY ADDING SECTION 40-5-390 SO AS TO PROVIDE THAT IN ANY CRIMINAL CASE AN ATTORNEY MAY CHARGE A NONREFUNDABLE FLAT FEE.

The House returned the Bill with amendments.

On motion of Senator HUTTO, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

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

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolutions were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3927 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2790, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3933 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO WITCHWEED QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2814, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3934 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO PLUM POX VIRUS


Printed Page 1926 . . . . . Tuesday, April 29, 2003

QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2791, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

HOUSE BILLS RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3902 (Word version) -- Reps. Witherspoon, Duncan, M.A. Pitts, Taylor and Umphlett: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO REVISE THE DEFINITION OF "FEDERAL LAW ENFORCEMENT OFFICER" TO INCLUDE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE LAW ENFORCEMENT OFFICERS AND SPECIAL AGENTS.

H. 3303 (Word version) -- Reps. Duncan, M.A. Pitts, Ceips, Herbkersman, Pinson, Taylor, Umphlett, Viers and Witherspoon: A BILL TO AMEND SECTION 50-11-310(E) OF THE 1976 CODE, RELATING TO AREAS OF THE STATE WHERE IT IS NOT UNLAWFUL TO HUNT DEER ON SUNDAY, TO PROVIDE THAT IT IS NOT UNLAWFUL IN THIS STATE TO HUNT DEER ON SUNDAY ON PRIVATE LAND.

Recorded Vote

Senator ALEXANDER desired to be recorded as voting against the third reading of the Bill.

COMMITTEE AMENDMENT ADOPTED
READ THE THIRD TIME, RETURNED TO THE HOUSE

H. 3722 (Word version) -- Reps. Jennings, Bales and Limehouse: A BILL TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS, VIDEOS, AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED.


Printed Page 1927 . . . . . Tuesday, April 29, 2003

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD3722.001), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 29, in Section 30-4-40(a)(18), as contained in SECTION 2, by striking lines 29 through 31 and inserting therein the following:

/   "(18)   Photographs, or videos and other visual images, and audio recordings of and incidental related to the performance of an autopsy, except that the photographs, or videos, images, or recordings may be viewed and used by: the persons /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

THIRD READING BILLS

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

S. 372 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 42-7-10 OF THE 1976 CODE, RELATING TO THE STATE ACCIDENT FUND, TO PROVIDE THAT THE STATE TREASURER SHALL INVEST THE TRUST FUND IN THE SAME MANNER AND IN THE SAME TYPE AND GRADE OF SECURITIES AS IS THE ACCUMULATED ACCOUNT OF THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 42-7-50 OF THE 1976 CODE, RELATING TO PARTICIPATION IN THE STATE ACCIDENT FUND, TO PROVIDE THAT AN APPLICANT FOR COVERAGE UNDER THIS SECTION MUST PRESENT ITS RECENT LOSS HISTORY, UPON WHICH ITS PREMIUM CHARGES MUST BE BASED, AND THAT THE STATE ACCIDENT FUND MAY DENY OR REFUSE TO RENEW


Printed Page 1928 . . . . . Tuesday, April 29, 2003

COVERAGE UNDER CERTAIN CIRCUMSTANCES; AND TO ADD SECTION 42-7-85 TO PROVIDE THAT EMPLOYERS INSURED UNDER THIS ARTICLE MUST MAKE REASONABLE EFFORTS TO PROVIDE OR ARRANGE FOR LIMITED DUTY WORK.

S. 559 (Word version) -- Senator Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.

AMENDMENT WITHDRAWN, AMENDED
READ THE THIRD TIME, SENT TO THE HOUSE

S. 153 (Word version) -- Senators Giese, Ritchie, Reese, Short and Rankin: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by Senator FAIR and previously printed in the Journal of April 9, 2003.

Senator FAIR proposed the following amendment (GGS\22033HTC03), which was withdrawn:

/ SECTION   1.   Section 59-18-700 of the 1976 Code, as added by Act 400 of 1998, is amended to read:

"Section 59-18-700.   (A)   The criteria governing the adoption of All instructional materials shall be revised by the State Board of Education to require that placed on the approved list of instructional materials and textbooks for use in the public schools of this State pursuant to State Board of Education regulations the content of such materials reflect shall contain the substance and level of performance outlined in the


Printed Page 1929 . . . . . Tuesday, April 29, 2003

grade and subject specific educational academic standards adopted by the state board State Board of Education.

(B)   The following must be placed in all science books published for kindergarten through twelfth grade:

'The cause or causes of life are not scientifically verifiable. Therefore, empirical science cannot provide data about the beginning of life.' " /

Amend title to conform.

Senator FAIR asked unanimous consent to withdraw the previously proposed amendment.

There was no objection.

The amendment was withdrawn.

Senator FAIR proposed the following amendment (BBM\9774SL03), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION   __.   Article 7, Chapter 18, Title 59 of the 1976 Code is amended by adding:

"Section 59-18-705.   (A)   There is created the South Carolina Science Standards Committee. The committee shall consist of nineteen members. The membership of the committee must be as follows:

(1)   two at-large members appointed by the Governor;

(2)   two at-large members appointed by the Speaker of the House of Representatives;

(3)   two at-large members appointed by the President Pro Tempore of the Senate;

(4)   two at-large members appointed by the State Board of Education;

(5)   the State Superintendent of Education to serve ex-officio;

(6)   four at-large members appointed by the State Commission on Higher Education;

(7)   two at-large members appointed by the Chairman of the South Carolina Education Oversight Committee;

(8)   two scientists in the private sector appointed by the State Chamber of Commerce; and

(9)   two physicians appointed by the State Medical Association.

(B)   The South Carolina Science Standards Committee shall:


Printed Page 1930 . . . . . Tuesday, April 29, 2003

(1)   study science standards regarding the teaching of the origin of species;

(2)   determine whether there is a consensus on the definition of science;

(3)   determine whether alternatives to evolution as the origin of species should be offered in schools.

(C)   The South Carolina Science Standards Committee shall report its findings to the General Assembly by February 15, 2004, at which time the committee must be dissolved.

(D)   The members of the committee are not allowed mileage, per diem, and subsistence. /

Amend title to conform.

Senator FAIR explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 458 (Word version) -- Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; AND TO AMEND SECTION 16-3-612, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON.

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

There was no objection.

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


Printed Page 1931 . . . . . Tuesday, April 29, 2003

Senator ALEXANDER proposed the following amendment (JUD0458.004), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/   SECTION   .   Section 16-3-1040 of the 1976 Code, as last amended by Act 435 of 1998, is further amended to read:

"Section 16-3-1040.   (A)   It is unlawful for a person knowingly and wilfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any letter or paper, writing, print, missive, document, or electronic communication, or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the a public official, teacher, or principal, or members of his immediate family if the threat is directly related to the public official's, teacher's, or principal's professional responsibilities. It is unlawful for a person knowingly and wilfully to deliver or convey a threat to another person to take the life of or to inflict bodily harm upon a public official, teacher, or principal, or members of his immediate family if the subject of the threat is in imminent danger from the person making the threat and the person making the threat has the apparent present ability to carry out the threat.

(B)   It is unlawful for a person knowingly and wilfully to deliver or convey to a public employee a letter or paper, writing, print, missive, document, or electronic communication, or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the a public employee or members of his immediate family if the threat is directly related to the public employee's official responsibilities. It is unlawful for a person knowingly and wilfully to deliver or convey a threat to another person to take the life of or to inflict bodily harm upon a public employee or members of his immediate family if the subject of the threat is in imminent danger and the person making the threat has the apparent present ability to carry out the threat.

(C)   A person who violates the provisions of subsection (A), upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

(D)   A person who violates the provisions of subsection (B), upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

(E)   For purposes of this section:


Printed Page 1932 . . . . . Tuesday, April 29, 2003

(1)   'Public official' means an elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.

(2)   'Public employee' means a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State, except that for purposes of this section, a 'public employee' does not include a teacher or principal of an elementary or secondary school.

(3)   'Immediate family' means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, principal, or public employee."     /

Renumber sections to conform.

Amend title to conform.

Senator KUHN explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 487 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES AND USE TAX ACT, SO AS TO EXCLUDE THE ENVIRONMENTAL SURCHARGE IMPOSED PURSUANT TO SECTION 44-56-430 FROM THE DEFINITION OF "GROSS PROCEEDS OF SALES"; TO AMEND SECTION 44-56-430, RELATING TO THE DRYCLEANING FACILITY RESTORATION TRUST FUND, SO AS TO PROVIDE FOR THE CALCULATION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THE ENVIRONMENTAL SURCHARGE; TO AMEND SECTION 44-56-470, RELATING TO THE ANNUAL REGISTRATION AND FEES FOR DRYCLEANING FACILITIES, SO AS TO PROVIDE FOR THE DEPARTMENT OF REVENUE'S RETENTION OF FUNDS FOR COSTS INCURRED TO COLLECT AND ENFORCE THE DRYCLEANING FACILITY RESTORATION TRUST FUND; TO AMEND SECTION 44-56-480, RELATING TO THE SURCHARGE ON PERCHLOROETHYLENE (TETRACHLOROETHYLENE) AND STODDARD SOLVENT, SO


Printed Page 1933 . . . . . Tuesday, April 29, 2003

AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MUST ADMINISTER, COLLECT, AND ENFORCE THE SURCHARGE IN THE MANNER THAT SALES AND USE TAXES ARE ADMINISTERED, COLLECTED, AND ENFORCED UNDER CHAPTER 36 OF TITLE 12; AND TO AMEND SECTION 44-56-485, RELATING TO THE ELECTION TO PLACE A DRYCLEANING FACILITY UNDER THE PROVISIONS OF ARTICLE 4, CHAPTER 56 OF TITLE 44, SO AS TO ADD PROVISIONS PERTAINING TO THE EFFECT OF VOLUNTARY REGISTRATION ON A DRYCLEANING FACILITY'S LIABILITY FOR THE PAYMENT OF CERTAIN TAXES, FEES, PENALTIES, AND INTEREST.

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

Senator WALDREP proposed the following amendment (487R001.RLW), which was adopted:

Amend the bill, as and if amended, page 5, SECTION 4, lines 12-37, by striking SECTION 44-56-430(A) and inserting:

/       "Section 44-56-430.   (A)   If the State Treasurer determines that the fund is insolvent, an environmental surcharge equal to one-half percent of the gross proceeds of sales of dry cleaning must be levied on every owner, operator, or person participating in the fund of every dry cleaning facility except for facilities possessing a valid statement of nonparticipation pursuant to Section 44-56-480(A). at a rate of one-half percent on all gross sales The term `gross proceeds of sales' of dry cleaning is the gross proceeds of sales as defined in Section 12-36-90 if a dry cleaning solvent is used, but does not include any state or local sales and use taxes imposed on the sale. For purposes of this surcharge, sales of dry cleaning considered sales for resale under Chapter 36 of Title 12 are subject to the surcharge as provided in this section. Charges between related parties for sales of dry cleaning must be reasonable and supported by the books and records of both taxpayers. The surcharge is imposed for a minimum of one year. and is suspended when the State Treasurer determines that the fund is solvent the one-half percent surcharge must be suspended. However, if the one-half percent surcharge is not sufficient to rectify the insolvency, the State Treasurer may request the General Assembly to increase the surcharge up to an additional one percent, which the General Assembly may approve.           /


Printed Page 1934 . . . . . Tuesday, April 29, 2003

Renumber sections to conform.

Amend title to conform.

Senator WALDREP explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 491 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND ARTICLE 17, CHAPTER 3 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING AND HARASSMENT, SO AS TO REDEFINE STALKING AND HARASSMENT; TO CLARIFY PENALTIES FOR STALKING AND HARASSMENT; TO REQUIRE THAT, WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND FOR HARASSMENT OR STALKING, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM; TO PROVIDE THAT A TEMPORARY RESTRAINING ORDER GRANTED WITHOUT NOTICE MUST BE ENTERED OF RECORD WITH THE MAGISTRATES COURT; TO ALLOW SERVICE OF A RESTRAINING ORDER TO BE MADE BY MAIL RETURN RECEIPT TO DEFENDANT'S LAST KNOWN ADDRESS; TO REQUIRE THAT A MENTAL EVALUATION MUST BE MADE BEFORE BAIL IS SET ON A STALKING OR HARASSMENT CHARGE; AND FURTHER TO REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE.

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

There was no objection.

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


Printed Page 1935 . . . . . Tuesday, April 29, 2003

Senator RITCHIE proposed the following amendment (JUD0491.005), which was adopted:

Amend the bill, as and if amended, page 1, Section 16-3-1700, as contained in SECTION 1, by striking line 42 in it entirety and inserting therein the following:

  /   "ARTICLE 17

HARASSMENT AND STALKING

Section 16-3-1700.     As used in this article:   /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

SECOND READING BILLS

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

S. 588 (Word version) -- Senators J. Verne Smith, Thomas, Verdin, Fair and Anderson: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF GREENVILLE COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

Senator J. VERNE SMITH asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

S. 588 -- Ordered to a Third Reading

On motion of Senator J. VERNE SMITH, with unanimous consent, S. 588 was ordered to receive a third reading on Wednesday, April 30, 2003.


Printed Page 1936 . . . . . Tuesday, April 29, 2003

H. 3906 (Word version) -- Rep. Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-311 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 460 (Word version) -- Senators Waldrep and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 53 TO TITLE 46 ENACTING THE HORSE INDUSTRY PROMOTION ACT SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE SHALL PROMOTE AND IMPROVE THE HORSE INDUSTRY IN THIS STATE, TO PROVIDE FOR THE SUPPORT OF THIS PROGRAM BY MEANS OF AN ASSESSMENT ON THE SALE OF COMMERCIAL HORSE FEED AND TO PROVIDE FOR THE RATE AND METHOD OF COLLECTION OF THE ASSESSMENT, AND TO PROVIDE THAT THE REVENUE MUST BE USED SOLELY FOR THE PROMOTION AND IMPROVEMENT OF THE HORSE INDUSTRY IN THIS STATE AND TO PROVIDE THOSE ACTIVITIES FOR WHICH THE REVENUE MAY BE EXPENDED.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.

The Agriculture and Natural Resource Committee proposed the following amendment (NBD\11646AC03), which was adopted:

Amend the bill, as and if amended, by deleting Sections 2 and 3 of the bill in their entirety and inserting:

/SECTION   2.   Title 46 of the 1976 Code is amended by adding:

  "CHAPTER 53

Equine Industry Promotion Act

Section 46-53-10.   This chapter may be cited as the 'Equine Industry Promotion Act'.

Section 46-53-20.   As used in this chapter:

(1)   'Board' means the Equine Industry Promotion Board established pursuant to Section 46-53-30.

(2)   'Commercial horse feed' means a commercial feed, as defined in Section 46-27-20 and labeled for equine purposes.


Printed Page 1937 . . . . . Tuesday, April 29, 2003

(3)   'Commissioner' means the Commissioner of the Department of Agriculture.

(4)   'Department' means the South Carolina Department of Agriculture established pursuant to Chapter 3.

(5)   'Equine' means a horse, pony, mule, donkey, or hinny.

Section 46-53-30.   (A)   There is established under the auspices of the Department of Agriculture the Equine Industry Promotion Board to be composed of nine members appointed by the Commissioner of Agriculture, five of whom must be appointed from nominations submitted by the South Carolina Horsemen's Council, one of whom must be a representative of the department, one of whom must be the President of the South Carolina Horsemen's Council, one of whom must be a representative of the Equine Committee of the South Carolina Farm Bureau, and one of whom must be a representative of Clemson's 4-H Youth Program. The Equine Marketing Specialist within the department shall serve as an advisory member. In making these appointments, race, gender, and other demographic factors should be considered to ensure nondiscrimination and to ensure, to the greatest extent possible, inclusion and representation of all segments of the population of the State; however, consideration of these factors in making an appointment in no way creates a cause of action or the basis for a grievance by a person appointed or by a person who fails to be appointed. Members shall serve terms of four years and until their successors are appointed. Vacancies must be filled in the manner of the original appointment. The board shall elect a chairman from among its members. The board shall meet at least quarterly or upon the call of the chair. Members of the board are not entitled to compensation but shall receive mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions from funds in the Equine Industry Promotion Fund, as established in Section 46-53-50.

Section 46-53-40.   There is imposed an assessment equal to two dollars a ton on all commercial feed labeled for equine use sold in this State. The fee must be paid by those required to register a commercial feed pursuant to Section 46-27-210, and those individuals and entities must be issued a manufacturer's receipt for payment of the fee before supplying the feed to retailers. The assessment is due and payable to the Equine Industry Promotion Board in quarterly installments due and payable on the fifteenth day of the month following the end of the calendar quarter, for the preceding quarter. The board shall prescribe the forms necessary for reporting and paying this assessment. For


Printed Page 1938 . . . . . Tuesday, April 29, 2003

purposes of collection and enforcement, the provisions of Chapter 54 of Title 12 apply to this assessment.

Section 46-53-50.   (A)   The revenues of the assessment imposed pursuant to this chapter must be credited to a fund in the State Treasury separate and distinct from the general fund and all other funds, entitled the 'Equine Industry Promotion Fund' which must be used by the board, with the approval of the commissioner, for the sole purpose of promoting the equine industry in this State, including administrative expenses associated with this purpose.

(B)   Promotion of the equine industry in this State includes, but is not limited to:

(1)   development and production of an equine census essential to the promotion and marketing of the South Carolina equine industry;

(2)   the production of marketing, informational, and educational materials and programs;

(3)   encouraging development and growth of the equine industry through attraction of new owners, relocation of out-of-state equine operations, and expansion of new and existing equine-related agribusiness;

(4)   encouraging research that would help the development of the equine industry;

(5)   improving interaction with state and local governmental agencies and any national agencies considered necessary for the improvement of the South Carolina equine industry; and

(6)   enhancing the general public's image and knowledge of the South Carolina equine industry.

Section 43-53-60.   The State Auditor may conduct annual audits of the Horse Industry Promotion Fund, and the manner in which the assessments are imposed and expended to ensure that the funds are collected and utilized as required by this chapter."

SECTION   3.   The South Carolina Horsemen's Council is requested and encouraged to survey its members regarding the imposition, pursuant to Chapter 53, Title 46 of the 1976 Code, of the assessment on all commercial feed labeled for equine use, which will be utilized for the promotion of the horse industry in this State. The results of this survey must be reported to the Equine Industry Promotion Board, the Governor, the General Assembly, the Commissioner of Agriculture, and other public officials having interests in the South Carolina horse industry, as determined by the South Carolina Horsemen's Council.

SECTION   4.   Of the initial appointees to the Equine Industry Promotion Board created pursuant to Section 46-53-30 of the 1976


Printed Page 1939 . . . . . Tuesday, April 29, 2003

Code, as added by Section 2 of this act, three members shall serve terms of four years, three members shall serve terms of three years, and three members shall serve terms of two years, as designated by the Commissioner of Agriculture upon making these appointments.

SECTION   5.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator WALDREP explained the committee amendment.

The committee amendment was adopted.

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

S. 460 -- Ordered to a Third Reading

On motion of Senator WALDREP, with unanimous consent, S. 460 was ordered to receive a third reading on Wednesday, April 30, 2003.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 466 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0466.001), which was adopted:

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

/   SECTION   1.   Chapter 48, Title 44 of the 1976 Code is amended to read:

"Section 44-48-10.   This chapter is known and may be cited as the "Sexually Violent Predator Act".

Section 44-48-20.   The General Assembly finds that a mentally abnormal and extremely dangerous group of sexually violent predators


Printed Page 1940 . . . . . Tuesday, April 29, 2003

exists who require involuntary civil commitment in a secure facility for long-term control, care, and treatment. The General Assembly further finds that the likelihood these sexually violent predators will engage in repeat repeated acts of sexual violence if not treated for their mental conditions is significant. Because the existing civil commitment process is inadequate to address the special needs of sexually violent predators and the risks that they present to society, the General Assembly determines has determined that a separate, involuntary civil commitment process for the long-term control, care, and treatment of sexually violent predators is necessary. The General Assembly also determines that, because of the nature of the mental conditions from which sexually violent predators suffer and the dangers they present, it is necessary to house involuntarily committed involuntarily-committed sexually violent predators in secure facilities separated separate from persons involuntarily committed under traditional civil commitment statutes. The civil commitment of sexually violent predators is not intended to stigmatize the mentally ill community.

Section 44-48-30.   For purposes of this chapter:

(1)   'Sexually violent predator' means a person who:

(a)   has been convicted of a sexually violent offense; and

(b)   suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.

(2)   'Sexually violent offense' means:

(a)   criminal sexual conduct in the first degree, as provided in Section 16-3-652;

(b)   criminal sexual conduct in the second degree, as provided in Section 16-3-653;

(c)   criminal sexual conduct in the third degree, as provided in Section 16-3-654;

(d)   criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1);

(e)   criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3);

(f)   engaging a child for a sexual performance, as provided in Section 16-3-810;

(g)   producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;

(h)   assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;

(i)     incest, as provided in Section 16-15-20;


Printed Page 1941 . . . . . Tuesday, April 29, 2003

(j)     buggery, as provided in Section 16-15-120;

(k)   committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;

(l)     violations of Article 3, Chapter 15 of Title 16 involving a minor when the violations are felonies;

(m)   accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;

(n)   attempt to commit an offense enumerated in this item as provided by Section 16-1-80; or

(o)   any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the person's offense should be considered a sexually violent offense.

(3)   'Mental abnormality' means a mental condition affecting a person's emotional or volitional capacity that predisposes the person to commit sexually violent offenses.

(4)   'Sexually motivated' means that one of the purposes for which the person committed the crime was for the purpose of the person's sexual gratification.

(5)   'Agency with jurisdiction' means that agency which, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole, and Pardon Services, the Board of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Mental Health.

(6)   'Convicted of a sexually violent offense' means a person has:

(a)   pled guilty to, pled nolo contendere to, or been convicted of a sexually violent offense;

(b)   been adjudicated delinquent as a result of the commission of a sexually violent offense;

(c)   been charged but determined to be incompetent to stand trial for a sexually violent offense;

(d)   been found not guilty by reason of insanity of a sexually violent offense; or

(e)   been found guilty but mentally ill of a sexually violent offense.

(7)   'Court' means the court of common pleas.

(8)   'Total confinement' means incarceration in a secure state or local correctional facility, and does not mean any type of community supervision.


Printed Page 1942 . . . . . Tuesday, April 29, 2003

(9)   'Likely to engage in acts of sexual violence' means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.

(10)   'Person' means an individual who is a potential or actual subject of proceedings under this act and includes a child under seventeen years of age.

(11)   'Victim' means an individual who suffers or has suffered direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a sexually violent offense. 'Victim' also includes an intervenor or the individual's spouse, parent, child, or the lawful representative of a victim who is:

(a)   deceased;

(b)   a minor;

(c)   incompetent; or

(d)   physically or psychologically incapacitated.
'Victim' does not include an individual who is the subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual who was imprisoned or engaged in an unlawful act at the time of the offense.

(12)   'Intervenor' means an individual, other than a law enforcement officer performing his ordinary duties, who provides aid to another individual who is not acting recklessly, in order to prevent the commission of a crime or to lawfully apprehend an individual reasonably suspected of having committed a crime.

Section 44-48-40.   (A)   When a person has been convicted of a sexually violent offense, the agency with jurisdiction shall must give written notice to the multidisciplinary team established in Section 44-48-50, the victim, and the Attorney General at least ninety days before:

(1)   the anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of a person who is returned to prison for no more than ninety days as a result of a revocation of any type of community supervision program, written notice must be given as soon as practicable following the person's readmission to prison;

(2)   the anticipated hearing on fitness to stand trial following notice under Section 44-23-460 of a person who has been charged with a sexually violent offense but who was found unfit to stand trial for the reasons set forth in Section 44-23-410 following a hearing held pursuant to Section 44-23-430;


Printed Page 1943 . . . . . Tuesday, April 29, 2003

(3)   the anticipated hearing pursuant to Section 17-24-40(C) of a person who has been found not guilty by reason of insanity of a sexually violent offense; or

(4)   release of a person who has been found guilty of a sexually violent offense but mentally ill pursuant to Section 17-24-20.

(B)   When a person has been convicted of a sexually violent offense and the Board of Probation, Parole, and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections or the Board of Juvenile Parole intends to grant the person a conditional release, the parole or the conditional release shall must be granted to be effective ninety days after the date of the order of parole or conditional release. The Board of Probation, Parole, and Pardon Services, the Juvenile Parole Board, or the South Carolina Department of Corrections shall must immediately send notice of the parole or conditional release of the person to the multidisciplinary team, the victim, and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person shall is be subject to the provisions of this chapter even though the person has been released on parole or conditional release.

(C)   The agency with jurisdiction shall must inform the multidisciplinary team, the victim, and the Attorney General of:

(1)   the person's name, identifying factors, anticipated future residence, and offense history; and

(2)   documentation of institutional adjustment and any treatment received.

(D)   The agency with jurisdiction, its employees, officials, individuals contracting, appointed, or volunteering to perform services under this chapter, the multidisciplinary team, and the prosecutor's review committee established in Section 44-48-60 are immune from civil or criminal liability for any good-faith conduct under this act.

Section 44-48-50.   The Director of the Department of Corrections shall must appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, victim's impact statement, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, shall must assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the


Printed Page 1944 . . . . . Tuesday, April 29, 2003

person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee and notify the victim. The assessment must be accompanied by all records relevant to the assessment. Membership of the team must include:

(1)   a representative from the Department of Corrections;

(2)   a representative from the Department of Probation, Parole, and Pardon Services;

(3)   a representative from the Department of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;

(4)   a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and

(5)   the Chief Attorney of the Office of Appellate Defense or his designee an attorney with substantial experience in the practice of criminal defense law to be appointed by the Chief Justice to serve a term of one year.

The Director of the Department of Corrections or his designee appointed pursuant to subsection (1) shall be the chairman of the team.

Section 44-48-60.   The Attorney General shall must appoint a prosecutor's review committee to review the report and records of each person referred to the committee by the multidisciplinary team. The prosecutor's review committee shall must determine whether or not probable cause exists to believe the person is a sexually violent predator. The prosecutor's review committee shall must make the probable cause determination within thirty days of receiving the report and records from the multidisciplinary team. The prosecutor's review committee shall must include, but is not be limited to, a member of the staff of the Attorney General, an elected circuit solicitor, and a victim's representative. The Attorney General or his designee shall be the chairman of the committee. In addition to the records and reports considered pursuant to Section 44-48-50, the committee shall must also consider information provided by the circuit solicitor who prosecuted the person.

Section 44-48-70.   When the prosecutor's review committee has determined that probable cause exists to support the allegation that the person is a sexually violent predator, the Attorney General may must file a petition with the court in the jurisdiction where the person committed the offense and must notify the victim that the committee found that probable cause exists. The Attorney General must also notify the victim of the time, date, and location of the probable cause


Printed Page 1945 . . . . . Tuesday, April 29, 2003

hearing before the court. The petition, which must be filed within thirty days of the probable cause determination by the prosecutor's review committee, shall must request that the court make a probable cause determination as to whether the person is a sexually violent predator. The petition must allege that the person is a sexually violent predator and must state sufficient facts that would support a probable cause allegation.

Section 44-48-80.   (A)   Upon filing of a petition, the court shall must determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the court determines that probable cause exists to believe that the person is a sexually violent predator, the person must be taken into custody if he is not already confined in a secure facility.

(B)   Immediately upon being taken into custody pursuant to subsection (A), the person must be provided with notice of the opportunity to appear in person at a hearing to contest probable cause as to whether the detained person is a sexually violent predator. This hearing must be held within seventy-two hours after a person is taken into custody pursuant to subsection (A). At this hearing the court shall must:

(1)   verify the detainee's identity;

(2)   receive evidence and hear argument arguments from the person and the Attorney General; and

(3)   determine whether probable cause exists to believe that the person is a sexually violent predator.

The State may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.

(C)   At the probable cause hearing as provided in subsection (B), the detained person has the following rights in addition to any rights previously specified:

(1)   to be represented by counsel;

(2)   to present evidence on the person's behalf;

(3)   to cross-examine witnesses who testify against the person; and

(4)   to view and copy all petitions and reports in the court file.

(D)   If the probable cause determination is made, the court shall must direct that the person be transferred to an appropriate secure facility including, but not limited to, a local or regional detention facility for an evaluation as to whether the person is a sexually violent predator. The evaluation must be conducted by a qualified expert approved by the court at the probable cause hearing.


Printed Page 1946 . . . . . Tuesday, April 29, 2003

Section 44-48-90.   Within sixty days after the completion of a hearing held pursuant to Section 44-48-80, the court shall must conduct a trial to determine whether the person is a sexually violent predator. Within thirty days after the determination of probable cause by the court pursuant to Section 44-48-80, the person or the Attorney General may request, in writing, that the trial be before a jury. If such a request is made, the court shall must schedule a trial before a jury at the next available date in the court of common pleas in the county where the offense was committed. If no request is made, the trial must be before a judge in the county where the offense was committed. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and only if the respondent will not be substantially prejudiced. The Attorney General must notify the victim, in a timely manner, of the time, date, and location of the trial. At all stages of the proceedings under this chapter, a person subject to this chapter is entitled to the assistance of counsel, and if the person is indigent, the court shall must appoint counsel to assist the person. If a person is subjected to an examination under this chapter, the person may retain a qualified expert of his own choosing to perform the examination. All examiners are permitted to have reasonable access to the person for the purpose of the examination, as well as access to all relevant medical, psychological, criminal offense, and disciplinary records and reports. In the case of an indigent person who would like an expert of his own choosing, the court shall must determine whether the services are necessary. If the court determines that the services are necessary and the expert's requested compensation for the services is reasonable, the court shall must assist the person in obtaining the expert to perform an examination or participate in the trial on the person's behalf. The court shall must approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the person, and compensation received in the case or for the same services from any other source.

Section 44-48-100.   (A)   The court or jury shall must determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If a jury determines that the person is a sexually violent predator, the determination must be by unanimous verdict. If the court or jury determines that the person is a sexually violent predator, the person must be committed to the custody of the Department of Mental Health for control, care, and treatment until such time as the person's


Printed Page 1947 . . . . . Tuesday, April 29, 2003

mental abnormality or personality disorder has so changed that the person is safe to be at large and has been released pursuant to this chapter. The control, care, and treatment must be provided at a facility operated by the Department of Mental Health. At all times, a person committed for control, care, and treatment by the Department of Mental Health pursuant to this chapter must be kept in a secure facility, and the person must be segregated at all times from other patients under the supervision of the Department of Mental Health. The Department of Mental Health may enter into an interagency agreement with the Department of Corrections for the control, care, and treatment of these persons. A person who is in the confinement of the Department of Corrections pursuant to an interagency agreement authorized by this chapter must be kept in a secure facility and must, if practical and to the degree possible, be housed and managed separately from offenders in the custody of the Department of Corrections. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court shall must direct the person's release. Upon a mistrial, the court shall must direct that the person be held at an appropriate secure facility including, but not limited to, a local or regional detention facility until another trial is conducted. A subsequent trial following a mistrial must be held within ninety days of the previous trial, unless the subsequent trial is continued. The court or jury's determination that a person is a sexually violent predator may be appealed. The person must be committed to the custody of the Department of Mental Health pending his appeal.

(B)   If the person charged with a sexually violent offense has been found incompetent to stand trial and is about to be released and the person's commitment is sought pursuant to subsection (A), the court first shall hear evidence and determine whether the person committed the act or acts with which he is charged. The hearing on this issue must comply with all the procedures specified in this section. In addition, the rules of evidence applicable in criminal cases apply, and all constitutional rights available to defendants at criminal trials, other than the right not to be tried while incompetent, apply. After hearing evidence on this issue, the court shall must make specific findings on whether the person committed the act or acts with which he is charged; the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf; the extent to which the evidence could be reconstructed without the assistance of the person; and the strength of


Printed Page 1948 . . . . . Tuesday, April 29, 2003

the prosecution's case. If, after the conclusion of the hearing on this issue, the court finds beyond a reasonable doubt that the person committed the act or acts with which he is charged, the court shall must enter a final order, appealable by the person, on that issue, and may proceed to consider whether the person should be committed pursuant to this chapter.

Section 44-48-110.   A person committed pursuant to this chapter shall must have an examination of his mental condition performed once every year. The person may retain or, if the person is indigent and so requests, the court may appoint a qualified expert to examine the person, and the expert shall must have access to all medical, psychological, criminal offense, and disciplinary records and reports concerning the person. The annual report must be provided to the court which committed the person pursuant to this chapter, the Attorney General, the solicitor who prosecuted the person, and the multidisciplinary team. The court shall must conduct an annual hearing to review the status of the committed person. The committed person shall is not be prohibited from petitioning the court for release at this hearing. The Director of the Department of Mental Health shall must provide the committed person with an annual written notice of the person's right to petition the court for release over the director's objection; the notice shall must contain a waiver of rights. The director shall must forward the notice and waiver form to the court with the annual report. The committed person has a right to have an attorney represent him at the hearing, but the committed person is not entitled to be present at the hearing. If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the court shall must schedule a trial on the issue. At the trial, the committed person is entitled to be present and is entitled to the benefit of all constitutional protections that were afforded the person at the initial commitment proceeding. The Attorney General must notify the victim of all proceedings. The Attorney General shall must represent the State and has the right to have the committed person evaluated by qualified experts chosen by the State. The trial must be before a jury if requested by either the person, the Attorney General, or the solicitor. The committed person also has the right to have qualified experts evaluate the person on the person's behalf, and the court shall must appoint an expert if the person is indigent and requests the appointment. The burden of proof at the trial is upon the State to prove beyond a


Printed Page 1949 . . . . . Tuesday, April 29, 2003

reasonable doubt that the committed person's mental abnormality or personality disorder remains such that the person is not safe to be at large and, if released, is likely to engage in acts of sexual violence.

Section 44-48-120.   If the Director of the Department of Mental Health determines that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the director shall must authorize the person to petition the court for release. The petition shall must be served upon the court and the Attorney General. The Attorney General must notify the victim of the proceeding. The court, upon receipt of the petition for release, shall must order a hearing within thirty days. The Attorney General shall must represent the State, and has the right to have the petitioner examined by experts chosen by the State. The hearing must be before a jury if requested by either the petitioner or the Attorney General. The burden of proof is upon the Attorney General to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and, that if released, is likely to commit acts of sexual violence.

Section 44-48-130.   Nothing in this chapter shall prohibit prohibits a person from filing a petition for release pursuant to this chapter. However, if a person has previously filed a petition for release without the approval of the Director of the Department of Mental Health, and the court determined either upon review of the petition or following a hearing that the petitioner's petition was frivolous or that the petitioner's condition had not changed so that the petitioner was not safe to be at large continued to be a threat and, if released, would commit acts of sexual violence, then the court shall must deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a committed person without the director's approval, the court shall must, whenever possible, review the petition and determine if the petition is based upon frivolous grounds and, if so, shall must deny the petition without a hearing.

Section 44-48-140.   In order to protect the public, relevant information and records which otherwise are confidential or privileged must be released to the agency with jurisdiction and the Attorney General for the purpose of meeting the notice requirements of Section 44-48-40 and determining whether a person is or continues to be a sexually violent predator.


Printed Page 1950 . . . . . Tuesday, April 29, 2003

Section 44-48-150.   Psychological reports, drug and alcohol reports, treatment records, reports of the diagnostic center, medical records, or victim impact statements which have been submitted to the court or admitted into evidence under this chapter must be part of the record, but must be sealed and opened only on order of the court.

Section 44-48-160.   A person released from commitment pursuant to this chapter must register pursuant to and comply with the requirements of Article 7, Chapter 3 of Title 23.

Section 44-48-170.   The involuntary detention or commitment of a person pursuant to this chapter shall must conform to constitutional requirements for care and treatment."

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the committee amendment.

The committee amendment was adopted.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. Verne Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes and Setzler: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN


Printed Page 1951 . . . . . Tuesday, April 29, 2003

YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT, SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT, AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

Senate Finance Committee proposed the following amendment (GJK\20497HTC03), which was adopted:

Amend the bill, as and if amended, by striking SECTIONS 1 and 2 and inserting:

/SECTION   1.   (A)   This section may be cited as the South Carolina Life Sciences Act.

(B)   For purposes of this section, a "life sciences facility" means a business engaged in pharmaceutical, medicine, and related laboratory instrument manufacturing, processing, or research and development. Included in this definition are the following North American Industrial


Printed Page 1952 . . . . . Tuesday, April 29, 2003

Classification Systems, NAICS Codes published by the Office of Management and Budget of the federal government:

(1)   3254 Pharmaceutical and Medical Manufacturing;

(2)   334516 Analytical Laboratory Instrument Manufacturing.

(C)(1)   For all purposes of Chapter 10, Title 12 of the 1976 Code, the Enterprise Zone Act of 1995, including all definitions applicable to that chapter:

(a)   Employee relocation expenses that qualify for reimbursement pursuant to Section 12-10-80(C)(3)(f) of the 1976 Code include such expenses associated with a new or expanded life sciences facility investing a minimum of one hundred million dollars in the project, as defined in Section 12-10-30(8) of the 1976 Code, and creating at least two hundred new full-time jobs at the project with an average annual cash compensation of at least one hundred fifty percent of annual per capita income in this State or the county in which the facility is located, whichever is less. Per capita income must be determined using the most recent per capita income data available as of the end of the taxable year in which the jobs are filled.

(b)   The waiver that may be approved by the Coordinating Council for Economic Development pursuant to Section 12-10-80(D)(2) of the 1976 Code on maximum job development credits that may be claimed also may be approved for a life sciences facility meeting the requirements of subitem (a) of this subsection. In determining whether to approve a waiver for such a facility, the Coordinating Council for Economic Development shall consider the creditworthiness of the business and economic viability of the project, as defined in Section 12-10-30(8) of the 1976 Code.

(2)   The provisions of item (1) of this subsection apply with respect to capital investment made and new jobs created after June 30, 2004, and before July 1, 2008.

(D)   In the case of a taxpayer establishing a life sciences facility meeting the requirements of subsection (C)(1)(a) of this section, the South Carolina Department of Revenue, in its discretion, may enter into an agreement with the taxpayer pursuant to Section 12-6-2320 of the 1976 Code for a period not to exceed fifteen years if the facility otherwise meets the requirements of that section.

SECTION   2.   A.   Section 12-37-930 34 of the 1976 Code, as last amended by Section 3(Q)2, Act 399 of 2000, is further amended to read:

"34.   Use of Clean Rooms ......................................... 10% 15%


Printed Page 1953 . . . . . Tuesday, April 29, 2003

A manufacturer who uses a Class 100 or better clean room, as that term is defined in Federal Standard 209E, in manufacturing its product may elect an annual allowance for depreciation for property tax purposes of ten fifteen percent on clean room modules and associated mechanical systems, and on process piping, wiring environmental systems, and water purification systems associated with the clean room instead of a depreciation allowance for which the manufacturer otherwise is entitled. Included are waffle flooring, wall and ceiling panels, foundation improvements that isolate the clean room to control vibrations, clean air handling and filtration systems, piping systems for fluids and gases used in the manufacturing process and in the clean room that touch the product during the process, flat panel displays, and liquid crystal displays, process equipment energy control systems, ultra pure water processing and wastewater recycling systems, and safety alarm and monitoring systems.

35.   Life sciences.................................................. 20%

Includes machinery and equipment used directly in the manufacturing process by a life sciences facility. For purposes of this item, life sciences facility means a business engaged in pharmaceutical, medicine, and related laboratory instrument manufacturing, processing, or research and development that invests a minimum of one hundred million dollars in the project, as defined in Section 12-10-30(8), and creates at least two hundred new full-time jobs at the project with an average cash compensation level of at least one hundred and fifty percent of the annual per capita income in this State or the county in which the facility is located, whichever is less. Per capita income must be determined using the most recent per capita income data available as of the end of the taxable year in which the jobs are filled. Included in this definition are the following North American Industrial Classification Systems, NAICS Codes published by the Office of Management and Budget of the federal government:

(i)     3254 Pharmaceutical and Medical Manufacturing;

(ii)   334516 Analytical Laboratory Instrument Manufacturing."

B.     In the case of machinery and equipment otherwise eligible for the depreciation allowed pursuant to Section 12-37-930 of the 1976 Code, as amended in subsection A of this section, if the project with which the machinery and equipment is associated is the subject of an inducement agreement between the project sponsor and the county, the initial inducement agreement must have been entered into between these parties after September 1, 2003. /


Printed Page 1954 . . . . . Tuesday, April 29, 2003

Amend further, as and if amended, page 6, by striking SECTION 4 and inserting:

/SECTION   4.   Beginning January 1, 2005, the Department of Revenue annually shall report to the Joint Committee on Taxation the revenue impact of this act, and the Department of Commerce annually shall report the cost and benefit of this act, together with the job creation and capital investment made by qualifying businesses.

SECTION   5.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

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

S. 560 -- Ordered to a Third Reading

On motion of Senator ALEXANDER, with unanimous consent, S. 560 was ordered to receive a third reading on Wednesday, April 30, 2003.

ADOPTED

S. 583 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 6, 2003.

The Concurrent Resolution was adopted, ordered sent to the House.

S. 653 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO EXPRESS SINCERE APPRECIATION TO SOUTH CAROLINA'S REGISTERED NURSES FOR THEIR DEDICATION TO PROVIDING QUALITY CARE AND TO THEIR EFFORTS AND ACHIEVEMENTS IN IMPROVING OUR HEALTH CARE SYSTEM AND TO DESIGNATE MAY 6-12, 2003, AS "SOUTH CAROLINA NURSES WEEK".

The Concurrent Resolution was adopted, ordered sent to the House.

H. 3798 (Word version) -- Reps. McGee, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine,


Printed Page 1955 . . . . . Tuesday, April 29, 2003

Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 6, 2003.

The Concurrent Resolution was adopted, ordered returned to the House.

CARRIED OVER

S. 549 (Word version) -- Senators Land, Martin, J. Verne Smith, Hawkins and McConnell: A BILL TO AMEND SECTION 42-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROHIBIT REIMBURSEMENTS TO EMPLOYERS OR CARRIERS WHICH HAVE DEFAULTED ON THEIR CURRENT ASSESSMENTS UNTIL THE ASSESSMENTS ARE PAID IN FULL; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER SHALL BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO QUALIFY FOR REIMBURSEMENT; AND TO AMEND SECTION 42-9-410, RELATING TO REIMBURSEMENT FROM THE SECOND INJURY FUND FOR AN EMPLOYEE WHO BECOMES TOTALLY AND PERMANENTLY DISABLED IN A SUBSEQUENT INJURY, SO AS TO FURTHER PROVIDE FOR WHAT AN EMPLOYER MUST ESTABLISH IN ORDER TO


Printed Page 1956 . . . . . Tuesday, April 29, 2003

RECEIVE THESE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND.

On motion of Senator MARTIN, the Bill was carried over.

RECESS

At 12:43 P.M., on motion of Senator McCONNELL, the Senate receded from business until 3:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 3:09 P.M. and was called to order by the PRESIDENT.

AMENDMENT PROPOSED, DEBATE INTERRUPTED

S. 591 (Word version) -- Senators McConnell and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-75, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA SENATE ARE ELECTED COMMENCING WITH THE 2004 GENERAL ELECTION; TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; TO PROVIDE THAT ANY VACANCIES FILLED PRIOR TO THE 2004 GENERAL ELECTION BE FROM THE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; TO PROVIDE THAT, IF THIS ACT IS INVALIDATED BY A COURT DECISION OR OBJECTED TO BY THE DEPARTMENT OF JUSTICE, THE SENATE ELECTIONS IN 2004 SHALL BE FROM THE DISTRICTS ESTABLISHED BY THE FEDERAL THREE-JUDGE PANEL'S INTERIM ORDER; AND TO REPEAL SECTION 2-1-65, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE WERE FORMERLY ELECTED.

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

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, a packet of information was made available to the members that included


Printed Page 1957 . . . . . Tuesday, April 29, 2003

population statistics, precinct listings, a comparison of the court ordered plan and S. 591 and corresponding regional maps.

Point of Order

Senator JACKSON raised a Point of Order under Rule 39 that inasmuch as the Bill had not been on the desks of the members at least one day, the Bill could not receive a second reading.

The PRESIDENT sustained the Point of Order.

Amendment No. 1

Senators McCONNELL, ALEXANDER, ANDERSON, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, GIESE, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, KNOTTS, KUHN, LEATHERMAN, MALLOY, MARTIN, McGILL, MESCHER, MOORE, O'DELL, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP proposed the following Amendment No. 1 (JUD0591.004):

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/   SECTION   1.   The 1976 Code is amended by adding:

"Section 2-1-75.   Commencing with the 2004 General Election, one member of the Senate must be elected from each of the following districts:

DISTRICT 1

Area   Population

Oconee County   66,215
Pickens County
VTD 25   835
VTD 36   976
VTD 45   8,888
VTD 46   3,012
VTD 47   2,664
VTD 48   2,486
VTD 49   1,638

DISTRICT TOTAL   86,714


Printed Page 1958 . . . . . Tuesday, April 29, 2003

PERCENT VARIATION   -0.578

DISTRICT 2

Area   Population

Pickens County
VTD 1   155
VTD 10   1,458
VTD 11   657
VTD 12   2,730
VTD 13   3,084
VTD 14   1,037
VTD 15   1,574
VTD 16   3,308
VTD 17   3,498
VTD 18   1,349
VTD 19   2,425
VTD 2   2,264
VTD 20   2,022
VTD 21   896
VTD 22   2,906
VTD 23   2,484
VTD 24   3,966
VTD 26   2,490
VTD 27   3,707
VTD 28   1,575
VTD 29   3,611
VTD 3   936
VTD 30   2,234
VTD 31   1,441
VTD 32   902
VTD 33   2,348
VTD 34   1,341
VTD 35   2,311
VTD 37   3,516
VTD 38   1,837
VTD 39   2,684
VTD 4   1,051
VTD 40   3,135


Printed Page 1959 . . . . . Tuesday, April 29, 2003

VTD 41   1,389
VTD 42   3,599
VTD 43   2,050
VTD 44   2,380
VTD 5   2,587
VTD 6   2,505
VTD 7   1,426
VTD 8   1,438
VTD 9   1,952

DISTRICT TOTAL   90,258

PERCENT VARIATION   3.486

DISTRICT 3

Area   Population

Anderson County
VTD 1   5,265
VTD 10   822
VTD 11   3,382
VTD 14   3,858
VTD 15   458
VTD 16   1,102
VTD 17   4,016
VTD 18   346
VTD 2   3,561
VTD 21   2,427
VTD 22   1,210
VTD 23   1,572
VTD 24   4,752
VTD 25   870
VTD 28   901
VTD 29   1,112
VTD 3   4,944
VTD 30   4,454
VTD 31   3,722
VTD 32   2,632
VTD 33   1,869
VTD 34   2,508


Printed Page 1960 . . . . . Tuesday, April 29, 2003

VTD 35   1,980
VTD 36   2,609
VTD 37   2,480
VTD 38   3,569
VTD 39   1,698
VTD 40   2,892
VTD 41   1,935
VTD 42   4,441
VTD 43   1,582
VTD 44   1,206
VTD 46   1,467
VTD 47   2,013
VTD 5   1,094
VTD 6   2,048
VTD 8   1,922
VTD 82   701
VTD 9   691

DISTRICT TOTAL   90,111

PERCENT VARIATION   3.317

DISTRICT 4

Area   Population

Abbeville County
VTD 1   957
VTD 2   1,292
VTD 4   870
Anderson County
VTD 12   2,814
VTD 13   1,461
VTD 19   5,091
VTD 20   3,095
VTD 26   2,133
VTD 27   909
VTD 4   2,741
VTD 45   1,449
VTD 48   1,605
VTD 49   1,804


Printed Page 1961 . . . . . Tuesday, April 29, 2003

VTD 50   1,637
VTD 51   3,580
VTD 52   2,365
VTD 53   6,325
VTD 54   509
VTD 55   2,457
VTD 56   2,591
VTD 57   479
VTD 58   4,815
VTD 59   879
VTD 60   2,785
VTD 61   1,095
VTD 62   751
VTD 63   546
VTD 64   415
VTD 65   762
VTD 66   2,423
VTD 67   654
VTD 68   304
VTD 69   1,193
VTD 7   1,472
VTD 70   1,368
VTD 71   1,184
VTD 72   1,117
VTD 73   1,449
VTD 74   785
VTD 75   683
VTD 76   986
VTD 77   1,858
VTD 78   527
VTD 79   602
VTD 80   505
VTD 81   1,118
VTD 83   2,308
Greenwood County
VTD 1   393
VTD 12   2,454
VTD 13   2,149
VTD 20   1,925
VTD 4   609
VTD 7   1,322

Printed Page 1962 . . . . . Tuesday, April 29, 2003

DISTRICT TOTAL   87,600

PERCENT VARIATION   0.438

DISTRICT 05

Area   Population

Greenville County
VTD 1   192
VTD 10
Tract 0037.01
Blocks: 1000   31
Tract 0039.03
Blocks: 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2029, 3013, 3014, 3015, 3016, 3017, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3999   1,906
Tract 0039.04
Blocks: 3007, 3008, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 4012, 4015, 4016, 4017, 4018, 4020, 4021, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037   626
VTD 11
Tract 0027.01
Blocks: 1008, 1009, 1010, 1011, 1019, 1020, 1021   164
Tract 0039.02
Blocks: 1025, 1026, 1027, 1028, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1052, 1053, 1054, 1055, 1056, 1069, 1070, 1071, 1072   1,049
Tract 0039.04
Blocks: 1004, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1018, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028,


Printed Page 1963 . . . . . Tuesday, April 29, 2003

1029, 1030, 1031, 1032, 2000, 2001, 2002, 2004   1,536
VTD 12   3,593
VTD 129
Tract 0028.03
Blocks: 1000, 1001, 1002, 1003, 1009, 1010, 2000, 2001, 2002, 2003   1,781
VTD 13   3,891
VTD 14   3,370
VTD 15   6,796
VTD 16   3,773
VTD 17   7,973
VTD 18   4,108
VTD 19   4,125
VTD 2   1,144
VTD 20   2,974
VTD 21
Tract 0026.09
Blocks: 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011   870
VTD 22   2,826
VTD 23   3,464
VTD 3   3,037
VTD 4   669
VTD 41
Tract 0028.10
Blocks: 1004, 1005, 1006, 1007, 1008, 1009   601
VTD 42
Tract 0028.09
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2014, 2015, 2016, 2017, 2018, 2019, 2999, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007   6,409
Tract 0028.10
Blocks: 1000, 1001, 1002, 1003, 4000, 4001, 4007, 4008, 4009, 4010, 4012, 4014, 4996, 4997, 4998, 4999   1,984

Printed Page 1964 . . . . . Tuesday, April 29, 2003

VTD 5   2,327
VTD 6   2,551
VTD 7   1,624
VTD 8   3,066
VTD 87   2,879
VTD 88   1,784
VTD 9   3,223
VTD 90
Tract 0027.01
Blocks: 1026   0
Tract 0038.01
Blocks: 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007   282
VTD 92
Tract 0027.01
Blocks: 1029   22
VTD 93
Tract 0026.07
Blocks: 1015, 1016   156
Tract 0027.02
Blocks: 1000, 1002, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1016, 1017, 1018, 1019, 1020, 1021   804

DISTRICT TOTAL   87,610

PERCENT VARIATION   0.449

DISTRICT 06

Area   Population

Greenville County
VTD 10
Tract 0039.03
Blocks: 2028   0
VTD 100
Tract 0016.00
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019,


Printed Page 1965 . . . . . Tuesday, April 29, 2003

2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023   2,461
Tract 0023.04
Blocks: 2015, 2016   3
Tract 0027.01
Blocks: 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014   516
VTD 101   1,810
VTD 102   2,312
VTD 103   1,843
VTD 104   1,569
VTD 105   3,063
VTD 106
Tract 0023.01
Blocks: 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029   912
Tract 0023.02
Blocks: 1000, 1001, 1032, 1033, 1034, 1036, 1037, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008   1,805
Tract 0023.03
Blocks: 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2011, 2012, 2013, 2014   316
Tract 0023.04
Blocks: 2020   0
VTD 107
Tract 0011.01
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2014, 2015   1,186

Printed Page 1966 . . . . . Tuesday, April 29, 2003

Tract 0016.00
Blocks: 2024, 2025   2
Tract 0017.00
Blocks: 3020, 3021, 3022   0
VTD 108   2,412
VTD 109   1,541
VTD 11
Tract 0027.01
Blocks: 1005, 1006, 1007   183
VTD 110   2,428
VTD 111   856
VTD 112   1,613
VTD 113   3,508
VTD 114   5,198
VTD 115
Tract 0023.03
Blocks: 1006, 2007, 2008, 2009, 2010, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022   179
VTD 116   1,708
VTD 117   2,227
VTD 118   1,193
VTD 119   2,826
VTD 120   3,648
VTD 121   1,828
VTD 122
Tract 0022.01
Blocks: 3012, 3013, 3014   148
Tract 0022.02
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1010, 1032   214
VTD 123
Tract 0022.01
Blocks: 1001, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2019, 5019   1,210
VTD 124
Tract 0022.01
Blocks: 1002, 1003, 1004, 1005, 5014, 5015,

Printed Page 1967 . . . . . Tuesday, April 29, 2003

5018, 5020, 5026, 5033, 5037, 5038, 5039, 5040, 5041, 5042, 5043, 5044, 5045, 5046, 5047, 5048, 5049, 5050, 5051, 5052, 5053, 5054   503
VTD 125
Tract 0018.06
Blocks: 1000, 1001, 1002, 3000, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020   1,123
VTD 59
Tract 0011.01
Blocks: 3008, 3009, 3010, 3011   149
Tract 0011.02
Blocks: 2000, 2008, 2009, 2010, 2011, 2012, 2013, 2019   306
VTD 60   1,638
VTD 67
Tract 0012.01
Blocks: 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007   3,958
VTD 68   1,550
VTD 86   3,019
VTD 89   1,674
VTD 90
Tract 0027.01
Blocks: 1027, 1028   0
Tract 0037.01
Blocks: 1018, 1019, 1020   347
Tract 0037.02
Blocks: 3015, 3016, 3017, 3018   170
Tract 0038.01
Blocks: 1007, 1008, 1009, 1010, 1011, 1012, 1013, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019   3,693

Printed Page 1968 . . . . . Tuesday, April 29, 2003

Tract 0038.02
Blocks: 4008   0
VTD 91
Tract 0038.02
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2999, 4003   1,406
VTD 92
Tract 0027.01
Blocks: 1000, 1001, 1003, 1004, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1999   1,074
Tract 0038.02
Blocks: 1009, 1010, 4000, 4001, 4002, 4004, 4005, 4006, 4007   866
VTD 93
Tract 0016.00
Blocks: 3006, 3007, 3009, 3010, 3011, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023   1,334
Tract 0027.01
Blocks: 1002, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020   1,209
VTD 94   3,174
VTD 95   2,524
VTD 96   1,894
VTD 97   2,560
VTD 98   2,674
VTD 99   2,976

DISTRICT TOTAL   90,539

PERCENT VARIATION   3.808


Printed Page 1969 . . . . . Tuesday, April 29, 2003

DISTRICT 07

Area   Population

Greenville County
VTD 100
Tract 0023.04
Blocks: 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2017, 2019, 2021, 2022, 2023   757
VTD 106
Tract 0023.04
Blocks: 2024, 2025, 2026, 2027, 2028   622
VTD 107
Tract 0023.04
Blocks: 2018   0
VTD 115
Tract 0023.03
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1047, 1051, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040   944
Tract 0023.04
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, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038   1,017
VTD 122
Tract 0021.04
Blocks: 1000, 1001, 1006   52
Tract 0022.01
Blocks: 2014, 2015, 2016, 2018, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2034, 2035   424


Printed Page 1970 . . . . . Tuesday, April 29, 2003

Tract 0022.02
Blocks: 1009, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 2008, 2009, 2010, 2011, 2012, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029   1,567
VTD 123
Tract 0007.00
Blocks: 1018, 1019, 1020   8
Tract 0009.00
Blocks: 2009, 2010   16
Tract 0022.01
Blocks: 1000, 2017, 2032, 2033, 5017   7
Tract 0023.03
Blocks: 1012, 1016, 1017, 1018, 1052, 1053, 1054, 1055   54
VTD 124
Tract 0009.00
Blocks: 2004, 2005, 2007, 2008   52
Tract 0022.01
Blocks: 5016   4
Tract 0023.03
Blocks: 1007, 1008, 1009, 1010, 1011, 1013, 1014, 1015, 1019, 1049, 1050   242
VTD 131   4,040
VTD 132   4,788
VTD 133   2,163
VTD 134   821
VTD 137   2,623
VTD 138   1,853
VTD 139
Tract 0021.03
Blocks: 2001, 2002, 2003, 2004, 2012, 2013, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2025, 2026   1,288
Tract 0021.07
Blocks: 1005, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,

Printed Page 1971 . . . . . Tuesday, April 29, 2003

2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035   1,152
Tract 0021.08
Blocks: 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029   100
VTD 140
Tract 0021.03
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, 2000, 2005, 2006, 2007, 2008, 2009, 2010, 2011   1,770
VTD 141   2,347
VTD 142
Tract 0015.02
Blocks: 1001, 1002, 1004, 1005   4
Tract 0019.00
Blocks: 2020, 2021, 2022, 2027, 2028   25
VTD 143
Tract 0014.00
Blocks: 1000, 1001, 1002   60
VTD 144   1,191
VTD 145
Tract 0019.00
Blocks: 3057, 3065, 3066, 3067   480
VTD 26
Tract 0029.03
Blocks: 1011, 1012, 1013, 1014, 1015   4
VTD 27   1,016
VTD 28   1,513
VTD 29   1,685
VTD 30   2,164
VTD 31   2,985
VTD 32   5,122
VTD 33
Tract 0035.00
Blocks: 1012, 1013, 1014, 1019, 1020, 1025, 1026, 1027, 1028, 1029   132

Printed Page 1972 . . . . . Tuesday, April 29, 2003

VTD 34
Tract 0020.03
Blocks: 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042   754
Tract 0033.02
Blocks: 3000, 3001, 3002, 3003, 3004, 3005, 3009, 3010   271
Tract 0035.00
Blocks: 1024, 1030, 1031, 1032, 1033, 1034, 2012, 2013, 2014, 2015, 2016, 2017   444
VTD 35   1,760
VTD 36
Tract 0029.01
Blocks: 1041, 1042, 1051, 1998   0
VTD 37   1,753
VTD 38
Tract 0029.02
Blocks: 1000, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1016, 1050, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3011, 3015, 3016, 3017, 4000, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022   2,640
VTD 40
Tract 0029.02
Blocks: 4001, 4002   0
Tract 0029.03
Blocks: 2024, 2025, 2026, 2027, 2028   1
VTD 47
Tract 0029.02
Blocks: 4023   0
VTD 48
Tract 0032.00
Blocks: 1000, 1024, 1025   89
Tract 0033.02
Blocks: 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 4003, 4032, 4033   1,001
VTD 49
Tract 0032.00
Blocks: 1001, 1002, 1003, 1004, 1005, 1006,

Printed Page 1973 . . . . . Tuesday, April 29, 2003

1007, 1008, 1009, 1010, 1021, 1022, 1023, 1029, 1999   1,082
Tract 0033.02
Blocks: 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2999, 3006, 3007, 3008, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 4004, 4005, 4006, 4028, 4029, 4030, 4031, 4034, 4035, 4036, 4999   3,443
VTD 51
Tract 0032.00
Blocks: 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1028, 1038, 1039, 1042, 1062, 1063, 1998   129
VTD 59
Tract 0011.02
Blocks: 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2014, 2015, 2016, 2017, 2018   647
VTD 61   2,099
VTD 62   1,562
VTD 63   1,137
VTD 64   1,831
VTD 65   2,754
VTD 67
Tract 0012.02
Blocks: 2000, 2001, 2002, 2005   246
VTD 69   2,195
VTD 70   4,384
VTD 71   718
VTD 72
Tract 0004.00
Blocks: 1005, 1006, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019   217
Tract 0005.00
Blocks: 1017, 1019, 1020, 1021, 1022, 2000, 2001, 2002, 2003, 2004, 2005, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022,

Printed Page 1974 . . . . . Tuesday, April 29, 2003

2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031   847
Tract 0021.05
Blocks: 1000, 1017, 1018, 3032, 3033, 3034, 3035, 3036, 3037, 3039, 3041, 3042, 3043, 3046, 3047   226
Tract 0021.08
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, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037   1,555
VTD 73
Tract 0004.00
Blocks: 2018   6
VTD 75   2,403
VTD 76
Tract 0003.00
Blocks: 2024   5
VTD 91
Tract 0038.02
Blocks: 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021   2,077

DISTRICT TOTAL   83,368

PERCENT VARIATION   -4.414


Printed Page 1975 . . . . . Tuesday, April 29, 2003

DISTRICT 08

Area   Population

Greenville County
VTD 125
Tract 0018.02
Blocks: 3016, 3017, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050, 3051, 3052, 3053, 3073   1,443
Tract 0018.06
Blocks: 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1048, 1049, 1050, 1051, 1052, 1999   702
VTD 126   3,283
VTD 127   1,305
VTD 128   2,666
VTD 129
Tract 0028.03
Blocks: 1004, 1005, 1006, 1007, 1008   563
VTD 130   1,433
VTD 135   2,364
VTD 136   4,052
VTD 139
Tract 0021.03
Blocks: 3010, 3013, 3014, 3015, 3016, 3017   0
VTD 140
Tract 0015.01
Blocks: 2009   0
Tract 0021.03
Blocks: 3011, 3012, 3018, 3019   0
VTD 142
Tract 0014.00
Blocks: 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1028   971
Tract 0015.02
Blocks: 1003, 2000, 2001, 2002   105


Printed Page 1976 . . . . . Tuesday, April 29, 2003

VTD 143
Tract 0014.00
Blocks: 1004, 1005, 1006, 1007, 1008, 1009   0
Tract 0019.00
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1014, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2014, 3053, 3054   1,575
VTD 145
Tract 0019.00
Blocks: 1011, 1012, 1013, 2013, 2015, 2016, 2017, 2018, 2019, 2031, 3048, 3049, 3050, 3051, 3052, 3055, 3056, 3058, 3059, 3060, 3061, 3062, 3063, 3064, 3068, 3069, 3075, 3076   1,636
VTD 146   1,377
VTD 21
Tract 0026.09
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 3012, 3013, 3014, 3015   3,628
VTD 24   3,390
VTD 25   2,411
VTD 26
Tract 0028.07
Blocks: 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1017, 1018, 1037, 1038, 1039, 1040, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1057, 1058, 1059, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104   1,257
Tract 0029.03
Blocks: 1008, 1009, 1010, 1016, 1017, 1018, 1022, 1035, 1036   1,208
VTD 36
Tract 0029.01
Blocks: 2000, 2001, 2002, 2003, 2004, 2005,

Printed Page 1977 . . . . . Tuesday, April 29, 2003

2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2999   1,192
Tract 0029.02
Blocks: 3010, 3012, 3013, 3014, 3018, 3019, 3020, 3021, 3023, 3024, 3025, 3026   631
VTD 38
Tract 0029.02
Blocks: 1017, 1020, 1021, 1024, 1025, 1026, 1027, 1033, 1049, 3022   365
VTD 39   4,018
VTD 40
Tract 0029.02
Blocks: 1001, 1002, 1011, 1012, 1013   80
Tract 0029.03
Blocks: 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 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, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, 2068, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079   1,802
Tract 0030.04
Blocks: 1058, 1060   135
Tract 0030.07
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008   365
VTD 41
Tract 0028.07
Blocks: 2045, 2059, 2060, 2061, 2062   398
Tract 0028.10
Blocks: 1010, 1011, 1012, 1013, 2003, 2004, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020   1,737

Printed Page 1978 . . . . . Tuesday, April 29, 2003

Tract 0030.03
Blocks: 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 3015   4,338
VTD 43
Tract 0030.03
Blocks: 3019, 3027   100
Tract 0030.04
Blocks: 2059   82
Tract 0030.05
Blocks: 1040, 1041, 1042, 1043, 1044, 1045   222
Tract 0031.01
Blocks: 1000, 1001, 1002, 1003, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1049, 1050, 1056, 1085   833
VTD 44   3,335
VTD 45   11,734
VTD 46
Tract 0030.06
Blocks: 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018   271
Tract 0030.07
Blocks: 1018, 2000, 2001, 2002, 2003, 2005, 2006   212
VTD 47
Tract 0029.02
Blocks: 1014, 1015, 1018, 1019, 1022, 1023, 1028, 1029, 1030, 1031, 1032, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060   1,657
Tract 0033.02
Blocks: 1000, 1001, 1002, 1003, 1004, 1005   549

Printed Page 1979 . . . . . Tuesday, April 29, 2003

VTD 55
Tract 0031.01
Blocks: 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2022, 2067, 2068   71
Tract 0031.02
Blocks: 1000, 1001, 1002, 1003, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1049, 1050, 1051, 1999   250
VTD 56   4,592
VTD 57
Tract 0030.04
Blocks: 2060   0
Tract 0031.01
Blocks: 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1025, 1026, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1051, 1052, 1053, 1054, 1055, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2021, 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, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2069, 2070, 2071, 2072, 2073, 2074, 2075, 2076   4,641
Tract 0031.02
Blocks: 1004   0
VTD 72
Tract 0021.03
Blocks: 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009   115

Printed Page 1980 . . . . . Tuesday, April 29, 2003

VTD 73
Tract 0004.00
Blocks: 2010, 2013, 2014, 2015, 2016, 2017, 2019, 2020, 2021, 2022   340
Tract 0014.00
Blocks: 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010   351
Tract 0015.01
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021   1,520
VTD 74   1,658
VTD 76
Tract 0013.02
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, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042   1,553
Tract 0018.02
Blocks: 3074   0
Tract 0018.06
Blocks: 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047   289
VTD 77   1,475
VTD 78   2,311

DISTRICT TOTAL   88,591

PERCENT VARIATION   1.574


Printed Page 1981 . . . . . Tuesday, April 29, 2003

DISTRICT 09

Area   Population

Greenville County
VTD 33
Tract 0033.01
Blocks: 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 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, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3999, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039   3,329
Tract 0035.00
Blocks: 1035, 1036, 1038   8
VTD 34
Tract 0033.01
Blocks: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1028   1,273
Tract 0035.00
Blocks: 1037   5
VTD 46
Tract 0030.07
Blocks: 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 2004   2,856
VTD 48
Tract 0032.00
Blocks: 1026   28


Printed Page 1982 . . . . . Tuesday, April 29, 2003

Tract 0033.02
Blocks: 1006, 1007, 1008, 1009, 1010, 1011, 4000, 4001, 4002   587
VTD 49
Tract 0033.02
Blocks: 3031, 3032, 3033   157
VTD 50   1,941
VTD 51
Tract 0032.00
Blocks: 1027, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1040, 1041, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1060, 1061   1,092
VTD 52   2,345
VTD 53   1,273
VTD 54   3,485
VTD 55
Tract 0030.06
Blocks: 4028, 4029, 4030, 4031, 4032, 4036   806
Tract 0031.02
Blocks: 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1090   1,812
VTD 57
Tract 0031.02
Blocks: 1005   0
VTD 58   2,407
Laurens County
VTD 1   3,544
VTD 10   3,403
VTD 11   1,605
VTD 12   2,787
VTD 13   3,065
VTD 14   530
VTD 15   1,982
VTD 16   2,021

Printed Page 1983 . . . . . Tuesday, April 29, 2003

VTD 17   1,271
VTD 18   2,270
VTD 19   2,933
VTD 2   2,346
VTD 20   717
VTD 21   876
VTD 22   1,886
VTD 23   2,006
VTD 24   1,350
VTD 25   969
VTD 26   2,163
VTD 27   1,793
VTD 28   2,247
VTD 29   2,065
VTD 3   2,251
VTD 30   2,379
VTD 31   994
VTD 33   1,669
VTD 34   1,481
VTD 35   1,068
VTD 36   3,669
VTD 4   1,299
VTD 5   1,483
VTD 6   2,185
VTD 7   2,470
VTD 8   2,065
VTD 9   186

DISTRICT TOTAL   90,432

PERCENT VARIATION   3.685

DISTRICT 10

Area   Population

Abbeville County
VTD 10   2,904
VTD 11   402
VTD 12   660
VTD 13   2,454


Printed Page 1984 . . . . . Tuesday, April 29, 2003

VTD 14   2,758
VTD 15   1,256
VTD 16   393
VTD 17   377
VTD 18   1,874
VTD 3   1,891
VTD 5   2,490
VTD 6   1,637
VTD 7   1,381
VTD 8   1,149
VTD 9   1,422
Greenwood County
VTD 10   2,290
VTD 11   1,455
VTD 14   2,827
VTD 15   1,421
VTD 16   2,562
VTD 17   1,486
VTD 18   2,891
VTD 19   2,402
VTD 2   2,594
VTD 21   1,331
VTD 22   2,949
VTD 23   1,931
VTD 24   2,016
VTD 25   2,300
VTD 26   2,858
VTD 27   1,118
VTD 28   1,818
VTD 29   3,581
VTD 3   390
VTD 30   1,538
VTD 31   1,956
VTD 32   344
VTD 33   106
VTD 34   330
VTD 35   732
VTD 36   292
VTD 37   614
VTD 38   744
VTD 39   299

Printed Page 1985 . . . . . Tuesday, April 29, 2003

VTD 40   497
VTD 41   873
VTD 42   495
VTD 5   1,608
VTD 6   1,120
VTD 8   3,140
VTD 9   2,511
Laurens County
VTD 32   2,539

DISTRICT TOTAL   83,006

PERCENT VARIATION   -4.829

DISTRICT 11

Area   Population

Spartanburg County
VTD 10   3,720
VTD 11   11,984
VTD 13   3,480
VTD 16   11,128
VTD 2   3,913
VTD 21   2,985
VTD 3   4,268
VTD 30   1,410
VTD 31   1,507
VTD 32   1,551
VTD 37   2,857
VTD 38   1,620
VTD 39   3,645
VTD 4   777
VTD 40   2,027
VTD 43   3,204
VTD 44   1,291
VTD 45   1,936
VTD 47   2,872
VTD 48   985
VTD 49   2,611
VTD 50   1,110


Printed Page 1986 . . . . . Tuesday, April 29, 2003

VTD 51   880
VTD 54   2,377
VTD 55   2,593
VTD 56   1,656
VTD 57   1,449
VTD 58   1,085
VTD 6   3,774
VTD 9   6,127

DISTRICT TOTAL   90,822

PERCENT VARIATION   4.132

DISTRICT 12

Area   Population

Spartanburg County
VTD 1   4,298
VTD 14   3,481
VTD 15   3,520
VTD 19   3,737
VTD 20   2,360
VTD 26   3,921
VTD 27   3,769
VTD 28   853
VTD 29   4,388
VTD 36   448
VTD 5   3,417
VTD 62   3,807
VTD 63   1,401
VTD 64   5,444
VTD 65   1,033
VTD 66   3,699
VTD 67   8,284
VTD 68   1,395
VTD 69   5,665
VTD 7   1,248
VTD 70   4,221
VTD 71   5,823
VTD 72   1,882


Printed Page 1987 . . . . . Tuesday, April 29, 2003

VTD 73   3,115
VTD 77   1,283
VTD 78   1,498
VTD 8   1,944
VTD 81   1,929

DISTRICT TOTAL   87,863

PERCENT VARIATION   0.740

DISTRICT 13

Area   Population

Greenville County
VTD 41
Tract 0028.10
Blocks: 2000, 2001, 2002, 2005, 2006, 2007   458
Tract 0030.03
Blocks: 2000, 2001, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012   1,746
VTD 42
Tract 0028.10
Blocks: 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3999, 4002, 4003, 4004, 4005, 4006, 4011, 4013   2,212
Tract 0030.03
Blocks: 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1014   611
VTD 43
Tract 0030.03
Blocks: 1000, 1001, 1012, 1013, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1999, 3026, 3028   1,077
Spartanburg County
VTD 12   4,722
VTD 17   4,300


Printed Page 1988 . . . . . Tuesday, April 29, 2003

VTD 22   1,811
VTD 23   1,897
VTD 24   3,567
VTD 25   1,444
VTD 33   2,368
VTD 35   1,370
VTD 41   1,285
VTD 42   5,634
VTD 46   2,630
VTD 52   1,870
VTD 53   4,295
VTD 59   1,234
VTD 60   2,072
VTD 61   1,609
VTD 74   2,169
VTD 75   1,329
VTD 76   2,865
VTD 79   3,203
VTD 80   1,914
VTD 82   1,732
VTD 83   1,232
VTD 84   1,144
VTD 85   2,189
VTD 86   1,301
VTD 87   2,875
VTD 88   3,638
VTD 89   2,301
Union County
VTD 1   492
VTD 13   1,000
VTD 14   753
VTD 15   336
VTD 18   762
VTD 2   693
VTD 3   779
VTD 37   1,254
VTD 5   420
VTD 6   860
VTD 7   677


Printed Page 1989 . . . . . Tuesday, April 29, 2003

DISTRICT TOTAL   84,130

PERCENT VARIATION   -3.541

DISTRICT 14

Area   Population

Cherokee County   52,537
Spartanburg County
VTD 18   5,106
Union County
VTD 10   502
VTD 11   592
VTD 12   507
VTD 16   1,555
VTD 17   1,431
VTD 23   1,056
VTD 24   957
VTD 25   425
VTD 26   623
VTD 30   394
VTD 31   248
VTD 4   742
VTD 8   634
VTD 9   281
York County
VTD 1   471
VTD 10   722
VTD 11   597
VTD 12   295
VTD 2   2,337
VTD 29   852
VTD 3   2,421
VTD 30   806
VTD 4   3,396
VTD 45   161
VTD 46   286
VTD 5   3,517


Printed Page 1990 . . . . . Tuesday, April 29, 2003

VTD 6   3,681
VTD 7   2,984
VTD 9   1,055

DISTRICT TOTAL   91,171

PERCENT VARIATION   4.532

DISTRICT 15

Area   Population

York County
VTD 13   479
VTD 14   1,978
VTD 15   2,359
VTD 16   2,223
VTD 17   3,741
VTD 18   2,512
VTD 19   1,858
VTD 20   1,983
VTD 25   3,405
VTD 31   1,070
VTD 32   1,785
VTD 33   2,947
VTD 34   1,321
VTD 35   2,570
VTD 36   4,316
VTD 37   4,522
VTD 38   990
VTD 39   3,180
VTD 40   2,448
VTD 41   3,973
VTD 42   3,988
VTD 43   1,165
VTD 47   1,123
VTD 48   1,046
VTD 49   1,502
VTD 51   1,597
VTD 52   3,012
VTD 53   2,812


Printed Page 1991 . . . . . Tuesday, April 29, 2003

VTD 54   6,769
VTD 55   1,598
VTD 56   3,984
VTD 57   1,898
VTD 58   2,521
VTD 63   2,536
VTD 64   2,006
VTD 68   2,084
VTD 8   2,219

DISTRICT TOTAL   91,520

PERCENT VARIATION   4.932

DISTRICT 16

Area   Population

Lancaster County
VTD 1   3,836
VTD 10   1,863
VTD 11   3,074
VTD 12   1,116
VTD 13   1,973
VTD 14   1,012
VTD 15   4,838
VTD 16   2,206
VTD 17   2,697
VTD 18   1,202
VTD 19   386
VTD 2   1,983
VTD 20   580
VTD 21   2,768
VTD 22   2,932
VTD 23   2,217
VTD 24   1,470
VTD 25   1,681
VTD 26   327
VTD 27   441
VTD 3   1,235
VTD 4   2,158


Printed Page 1992 . . . . . Tuesday, April 29, 2003

VTD 5   2,044
VTD 6   1,680
VTD 7   1,705
VTD 8   2,786
VTD 9   2,320
York County
VTD 21   2,439
VTD 22   1,666
VTD 23   708
VTD 24   2,351
VTD 26   1,152
VTD 27   4,139
VTD 28   2,620
VTD 44   4,895
VTD 69   2,268
VTD 70   2,430
VTD 71   4,016
VTD 72   1,246
VTD 73   1,941

DISTRICT TOTAL   84,401

PERCENT VARIATION   -3.230

DISTRICT 17

Area   Population

Chester County   34,068
Fairfield County   23,454
Union County
VTD 19   686
VTD 20   245
VTD 21   173
VTD 22   956
VTD 27   844
VTD 28   647
VTD 29   149
VTD 32   479
VTD 33   850
VTD 34   864


Printed Page 1993 . . . . . Tuesday, April 29, 2003

VTD 35   1,206
VTD 36   815
VTD 38   217
VTD 39   1,101
VTD 40   1,109
VTD 41   635
VTD 42   932
York County
VTD 50   754
VTD 59   3,174
VTD 60   2,734
VTD 61   3,043
VTD 62   2,333
VTD 65   1,170
VTD 66   2,673
VTD 67   1,761

DISTRICT TOTAL   87,072

PERCENT VARIATION   -0.167

DISTRICT 18

Area   Population

Lexington County
VTD 1   2,665
VTD 10   2,692
VTD 11   2,494
VTD 12   2,833
VTD 17   4,129
VTD 2   3,368
VTD 24   4,804
VTD 3   3,296
VTD 4   2,720
VTD 5   5,265
VTD 9   2,680
Newberry County   36,108
Saluda County
VTD 1   318
VTD 12   345


Printed Page 1994 . . . . . Tuesday, April 29, 2003

VTD 13   723
VTD 14   1,120
VTD 15   304
VTD 16   470
VTD 17   584
VTD 2   418
VTD 21   498
VTD 22   488
VTD 23   337
VTD 25   380
VTD 26   1,039
VTD 3   132
VTD 4   1,010
VTD 5   1,174
VTD 6   709

DISTRICT TOTAL   83,103

PERCENT VARIATION   -4.718

DISTRICT 19

Area   Population

Richland County
VTD 10   9,169
VTD 11   3,433
VTD 12   3,099
VTD 14   3,310
VTD 15   3,122
VTD 16   2,022
VTD 18   3,487
VTD 19   2,447
VTD 22   1,419
VTD 23   4,342
VTD 31   4,784
VTD 32   3,401
VTD 33   3,512
VTD 34   1,263
VTD 35   4,616
VTD 36   5,718


Printed Page 1995 . . . . . Tuesday, April 29, 2003

VTD 65   1,312
VTD 66   2,443
VTD 67   2,872
VTD 68   2,764
VTD 69   1,128
VTD 70   2,594
VTD 71   715
VTD 72   2,545
VTD 74   2,191
VTD 75   2,307
VTD 8   5,090
VTD 9   4,210
VTD 93   1,816

DISTRICT TOTAL   91,131

PERCENT VARIATION   4.486

DISTRICT 20

Area   Population

Lexington County
VTD 13   2,893
VTD 14   2,440
VTD 15   2,653
VTD 16   3,046
VTD 19   947
VTD 20   4,825
VTD 21   2,451
VTD 6   2,843
Richland County
VTD 1   3,978
VTD 100   2,306
VTD 101   1,834
VTD 102   1,997
VTD 104   2,710
VTD 105   2,590
VTD 107   2,962
VTD 108   2,598
VTD 110   2,107


Printed Page 1996 . . . . . Tuesday, April 29, 2003

VTD 111   2,656
VTD 112   2,016
VTD 113   4,028
VTD 13   2,050
VTD 17   1,776
VTD 2   3,927
VTD 3   1,985
VTD 4   2,038
VTD 5   2,904
VTD 6   1,845
VTD 7   5,374
VTD 94   888
VTD 95   777
VTD 96   3,303
VTD 97   7,265

DISTRICT TOTAL   88,012

PERCENT VARIATION   0.910

DISTRICT 21

Area   Population

Richland County
VTD 103   1,959
VTD 106   2,219
VTD 109   1,959
VTD 114   4,026
VTD 115   4,120
VTD 116   2,033
VTD 117   3,296
VTD 118   2,145
VTD 119   3,994
VTD 120   1,678
VTD 121   744
VTD 122   3,582
VTD 123   1,285
VTD 124   1,470
VTD 125   3,984
VTD 126   2,720


Printed Page 1997 . . . . . Tuesday, April 29, 2003

VTD 40   7
VTD 41   0
VTD 42   0
VTD 43   0
VTD 44   0
VTD 45   797
VTD 46   4,205
VTD 47   9
VTD 48   1,423
VTD 49   476
VTD 50   9
VTD 51   62
VTD 52   1,067
VTD 53   1,976
VTD 54   0
VTD 55   1,269
VTD 58   3,727
VTD 63   1,348
VTD 64   2,860
VTD 73   2,579
VTD 76   3,956
VTD 77   2,164
VTD 78   2,531
VTD 79   1,846
VTD 86   1,662
VTD 87   1,277
VTD 88   1,782
VTD 89   2,269
VTD 90   2,890
VTD 91   1,711
VTD 92   2,768
VTD 98   1,734
VTD 99   1,341

DISTRICT TOTAL   90,959

PERCENT VARIATION   4.289


Printed Page 1998 . . . . . Tuesday, April 29, 2003

DISTRICT 22

Area   Population

Kershaw County
VTD 14   2,072
VTD 16   3,756
VTD 20   1,658
VTD 21   3,532
VTD 30   1,634
VTD 31   5,279
Richland County
VTD 20   2,735
VTD 21   2,952
VTD 24   6,046
VTD 25   4,909
VTD 26   2,155
VTD 27   3,959
VTD 28   3,333
VTD 29   4,287
VTD 30   2,957
VTD 37   3,085
VTD 38   5,029
VTD 39   2,547
VTD 56   5,272
VTD 57   4,840
VTD 59   1,176
VTD 60   2,318
VTD 61   1,410
VTD 62   1,829
VTD 80   1,942
VTD 81   1,541
VTD 82   3,042
VTD 83   2,049
VTD 84   2,145
VTD 85   1,115

DISTRICT TOTAL   90,604

PERCENT VARIATION   3.882


Printed Page 1999 . . . . . Tuesday, April 29, 2003

DISTRICT 23

Area   Population

Lexington County
VTD 18   1,405
VTD 22   804
VTD 23   2,042
VTD 28   3,385
VTD 29   1,623
VTD 30   2,622
VTD 31   2,245
VTD 32   2,366
VTD 33   3,539
VTD 34   6,804
VTD 35   3,960
VTD 44   3,976
VTD 45   3,985
VTD 46   4,709
VTD 47   3,954
VTD 48   4,193
VTD 49   3,947
VTD 57   4,886
VTD 58   2,958
VTD 59   4,541
VTD 62   1,977
VTD 63   2,000
VTD 64   2,922
VTD 65   5,609
VTD 7   1,456
VTD 8   1,900

DISTRICT TOTAL   83,808

PERCENT VARIATION   -3.910


Printed Page 2000 . . . . . Tuesday, April 29, 2003

DISTRICT 24

Area   Population

Aiken County
VTD 14   1,303
VTD 15   839
VTD 16   432
VTD 24   2,177
VTD 27   2,019
VTD 28   2,185
VTD 29   1,553
VTD 30   3,476
VTD 31   1,927
VTD 35   1,569
VTD 36   2,783
VTD 39   1,810
VTD 4   533
VTD 41   3,561
VTD 42   2,582
VTD 44   2,215
VTD 45   1,281
VTD 46   1,834
VTD 47   1,364
VTD 48   3,333
VTD 49   3,087
VTD 5   880
VTD 50   2,121
VTD 51   1,883
VTD 52   2,142
VTD 60   2,920
VTD 61   3,257
VTD 62   2,201
VTD 63   5,269
VTD 64   3,846
VTD 65   1,909
VTD 66   2,657
VTD 67   3,096
VTD 68   1,953
VTD 69   4,006
VTD 7   947


Printed Page 2001 . . . . . Tuesday, April 29, 2003

VTD 70   2,250
VTD 71   8
VTD 72   167
VTD 73   2,338
VTD 74   7
VTD 75   0
VTD 8   469
VTD 9   733

DISTRICT TOTAL   86,922

PERCENT VARIATION   -0.339

DISTRICT 25

Area   Population

Aiken County
VTD 13   1,418
VTD 19   2,451
VTD 2   1,191
VTD 20   1,047
VTD 21   2,773
VTD 22   2,112
VTD 23   2,749
VTD 25   2,286
VTD 26   2,930
VTD 3   902
VTD 32   2,500
VTD 33   2,684
VTD 34   2,423
VTD 37   1,842
VTD 38   1,262
VTD 40   2,095
VTD 53   2,162
VTD 54   2,445
VTD 55   1,477
VTD 56   1,698
VTD 57   1,574
VTD 58   2,894
VTD 59   1,520


Printed Page 2002 . . . . . Tuesday, April 29, 2003

VTD 6   571
Edgefield County   24,595
McCormick County   9,958
Saluda County
VTD 10   1,444
VTD 11   1,938
VTD 18   575
VTD 19   578
VTD 20   755
VTD 24   427
VTD 27   413
VTD 28   331
VTD 7   191
VTD 8   510
VTD 9   499

DISTRICT TOTAL   89,220

PERCENT VARIATION   2.295

DISTRICT 26

Area   Population

Aiken County
VTD 1   1,781
VTD 10   1,242
VTD 11   1,672
VTD 12   1,264
VTD 17   535
VTD 18   1,024
VTD 43   1,106
Lexington County
VTD 25   2,620
VTD 26   1,985
VTD 27   3,199
VTD 36   2,538
VTD 37   3,357
VTD 38   3,917
VTD 39   3,590
VTD 40   1,809


Printed Page 2003 . . . . . Tuesday, April 29, 2003

VTD 41   1,935
VTD 42   1,531
VTD 43   2,271
VTD 50   2,362
VTD 51   655
VTD 52   1,188
VTD 53   2,480
VTD 54   2,268
VTD 55   3,313
VTD 56   3,154
VTD 60   4,856
VTD 61   4,281
VTD 66   2,898
VTD 67   1,223
VTD 68   1,410
VTD 69   2,796
VTD 70   3,265
VTD 71   1,746
VTD 72   1,362
VTD 73   976
VTD 74   1,901
VTD 75   2,276
Saluda County
VTD 29   1,047
VTD 30   424

DISTRICT TOTAL   83,257

PERCENT VARIATION   -4.541

DISTRICT 27

Area   Population

Chesterfield County
VTD 1   458
VTD 10   5,797
VTD 11   1,519
VTD 12   1,433
VTD 13   238
VTD 14   887


Printed Page 2004 . . . . . Tuesday, April 29, 2003

VTD 15   1,887
VTD 16   2,519
VTD 17   670
VTD 18   981
VTD 19   320
VTD 2   290
VTD 20   799
VTD 21   6,029
VTD 22   1,172
VTD 23   620
VTD 24   1,238
VTD 25   820
VTD 26   282
VTD 27   422
VTD 28   331
VTD 29   545
VTD 3   383
VTD 30   1,476
VTD 31   603
VTD 32   1,885
VTD 33   1,562
VTD 4   2,418
VTD 6   533
VTD 7   783
VTD 8   305
VTD 9   2,073
Kershaw County
VTD 1   1,826
VTD 12   2,224
VTD 13   2,566
VTD 15   921
VTD 17   496
VTD 19   571
VTD 2   1,145
VTD 22   2,059
VTD 23   2,287
VTD 24   1,660
VTD 25   1,689
VTD 26   994
VTD 27   1,767
VTD 28   851

Printed Page 2005 . . . . . Tuesday, April 29, 2003

VTD 29   2,170
VTD 3   1,829
VTD 32   1,040
VTD 33   687
VTD 4   1,456
VTD 5   1,017
VTD 6   837
VTD 7   790
VTD 8   2,006
VTD 9   1,828
Lancaster County
VTD 28   815
VTD 29   1,095
VTD 30   2,773
VTD 31   2,119
VTD 32   2,019

DISTRICT TOTAL   84,815

PERCENT VARIATION   -2.755

DISTRICT 28

Area   Population

Dillon County
VTD 10   594
VTD 11   329
VTD 12   1,507
VTD 13   1,611
VTD 14   634
VTD 18   473
VTD 19   838
VTD 20   732
VTD 6   2,122
VTD 7   865
VTD 8   391
VTD 9   3,457
Horry County
VTD 101   1,341
VTD 102   756


Printed Page 2006 . . . . . Tuesday, April 29, 2003

VTD 103   529
VTD 104   1,164
VTD 105   259
VTD 106   520
VTD 107   680
VTD 12   730
VTD 13   2,001
VTD 14   1,713
VTD 15   288
VTD 19   1,149
VTD 2   1,015
VTD 21   1,965
VTD 22   530
VTD 23   362
VTD 25   276
VTD 29   873
VTD 3   351
VTD 30   346
VTD 32   228
VTD 34   749
VTD 37   997
VTD 4   1,964
VTD 40   532
VTD 42   1,340
VTD 43   5,485
VTD 44   471
VTD 47   625
VTD 48   310
VTD 49   733
VTD 5   896
VTD 50   806
VTD 54   3,344
VTD 57   277
VTD 58   2,219
VTD 59   2,360
VTD 6   889
VTD 64   460
VTD 65   1,244
VTD 69   626
VTD 79   371
VTD 84   1,527

Printed Page 2007 . . . . . Tuesday, April 29, 2003

VTD 85   292
VTD 88   486
VTD 9   3,496
VTD 90   1,607
VTD 91   771
VTD 92   1,820
VTD 95   1,002
VTD 96   2,528
VTD 97   638
Marion County
VTD 15   3,485
VTD 17   1,333
Marlboro County
VTD 12   269
VTD 13   2,268
VTD 26   1,533
VTD 3   1,077
VTD 32   1,173
VTD 4   931
VTD 5   744

DISTRICT TOTAL   84,307

PERCENT VARIATION   -3.338

DISTRICT 29

Area   Population

Chesterfield County
VTD 5   1,490
Darlington County
VTD 1   1,955
VTD 10   2,596
VTD 11   3,486
VTD 12   1,204
VTD 13   1,026
VTD 14   1,165
VTD 15   1,468
VTD 16   1,502
VTD 17   1,315


Printed Page 2008 . . . . . Tuesday, April 29, 2003

VTD 18   2,269
VTD 2   1,537
VTD 21   1,240
VTD 22   2,608
VTD 23   2,593
VTD 24   2,757
VTD 25   3,966
VTD 26   497
VTD 27   2,200
VTD 29   2,132
VTD 3   1,990
VTD 30   1,526
VTD 31   1,093
VTD 32   2,899
VTD 33   767
VTD 34   1,374
VTD 35   466
VTD 4   3,422
VTD 5   2,663
VTD 6   1,172
VTD 7   1,036
VTD 8   1,543
VTD 9   1,613
Lee County
VTD 10   702
VTD 11   522
VTD 12   7
VTD 13   2,475
VTD 14   854
VTD 16   320
VTD 17   1,115
VTD 25   1,143
VTD 26   145
VTD 27   273
VTD 28   781
VTD 29   1,360
VTD 30   712
VTD 31   356
VTD 7   778
VTD 8   643
VTD 9   1,250

Printed Page 2009 . . . . . Tuesday, April 29, 2003

Marlboro County
VTD 1   955
VTD 14   784
VTD 19   499
VTD 2   1,129
VTD 20   2,023
VTD 27   358
VTD 28   1,558
VTD 6   2,005

DISTRICT TOTAL   83,317

PERCENT VARIATION   -4.473

DISTRICT 30

Area   Population

Dillon County
VTD 1   2,686
VTD 15   1,103
VTD 16   340
VTD 17   1,364
VTD 2   3,806
VTD 3   3,342
VTD 4   3,821
VTD 5   707
Florence County
VTD 13   2,241
VTD 14   2,778
VTD 15   2,400
VTD 2   1,115
VTD 35   3,855
VTD 4   2,355
VTD 47   1,237
VTD 49   1,051
VTD 54   1,401
VTD 55   3,720
VTD 56   1,052
VTD 57   2,517
VTD 58   890


Printed Page 2010 . . . . . Tuesday, April 29, 2003

VTD 68   1,274
VTD 69   2,644
Marion County
VTD 1   2,337
VTD 10   443
VTD 11   1,774
VTD 12   1,014
VTD 13   3,266
VTD 14   2,724
VTD 16   2,240
VTD 18   789
VTD 19   217
VTD 2   488
VTD 20   847
VTD 3   1,387
VTD 4   1,411
VTD 5   2,297
VTD 6   1,948
VTD 7   1,770
VTD 8   4,560
VTD 9   1,136
Marlboro County
VTD 10   638
VTD 15   805
VTD 16   1,038
VTD 17   1,382
VTD 18   1,270
VTD 21   1,547
VTD 22   1,170
VTD 23   821
VTD 24   669
VTD 25   338
VTD 29   330
VTD 30   382
VTD 31   538
VTD 7   195
VTD 8   84
VTD 9   305

DISTRICT TOTAL   89,859


Printed Page 2011 . . . . . Tuesday, April 29, 2003

PERCENT VARIATION   3.028

DISTRICT 31

Area   Population

Darlington County
VTD 19   1,986
VTD 20   3,268
VTD 28   3,060
Florence County
VTD 1   1,217
VTD 10   1,815
VTD 11   2,431
VTD 12   1,578
VTD 16   1,137
VTD 17   1,724
VTD 18   1,054
VTD 19   2,663
VTD 20   2,325
VTD 22   845
VTD 24   3,065
VTD 25   1,020
VTD 26   786
VTD 27   1,045
VTD 28   3,532
VTD 29   572
VTD 34   584
VTD 36   1,375
VTD 39   1,435
VTD 40   648
VTD 42   1,049
VTD 43   1,630
VTD 44   900
VTD 5   3,240
VTD 50   1,452
VTD 51   2,704
VTD 52   2,393
VTD 53   3,034
VTD 59   5,143
VTD 6   1,118


Printed Page 2012 . . . . . Tuesday, April 29, 2003

VTD 60   3,003
VTD 61   1,973
VTD 62   2,092
VTD 63   1,168
VTD 64   2,162
VTD 65   2,397
VTD 66   3,835
VTD 7   1,391
VTD 70   416
VTD 8   1,310
VTD 9   3,939

DISTRICT TOTAL   85,514

PERCENT VARIATION   -1.954

DISTRICT 32

Area   Population

Florence County
VTD 30   2,336
VTD 31   1,724
VTD 32   2,306
VTD 33   3,624
Georgetown County
VTD 1   1,295
VTD 19   1,800
VTD 2   794
VTD 20   2,456
VTD 21   877
VTD 22   1,659
VTD 23   3,037
VTD 24   1,735
VTD 25   3,172
VTD 3   1,647
VTD 32   1,427
VTD 33   829
VTD 34   1,626
VTD 4   1,557
VTD 5   171


Printed Page 2013 . . . . . Tuesday, April 29, 2003

VTD 6   715
VTD 8   1,184
Horry County
VTD 35   436
VTD 36   3,287
VTD 63   945
VTD 66   1,164
VTD 67   1,397
VTD 68   2,303
VTD 7   1,805
Williamsburg County   37,217

DISTRICT TOTAL   84,525

PERCENT VARIATION   -3.088

DISTRICT 33

Area   Population

Horry County
VTD 1   944
VTD 10   1,533
VTD 100   1,963
VTD 108   2,032
VTD 11   5,043
VTD 17   3,487
VTD 18   1,656
VTD 20   1,947
VTD 24   2,288
VTD 31   2,397
VTD 33   1,390
VTD 38   2,629
VTD 39   798
VTD 41   2,419
VTD 45   1,827
VTD 51   2,233
VTD 52   2,335
VTD 53   670
VTD 55   1,328
VTD 56   1,597


Printed Page 2014 . . . . . Tuesday, April 29, 2003

VTD 60   1,578
VTD 62   2,061
VTD 70   5,894
VTD 71   5,547
VTD 72   1,355
VTD 73   4,955
VTD 74   2,389
VTD 75   1,070
VTD 77   3,713
VTD 78   6,084
VTD 8   1,076
VTD 87   1,135
VTD 89   1,308
VTD 93   3,191
VTD 94   59
VTD 98   975

DISTRICT TOTAL   82,906

PERCENT VARIATION   -4.944

DISTRICT 34

Area   Population

Charleston County
VTD 1   2,273
VTD 14   2,245
VTD 19   1,131
VTD 20   1,809
VTD 21   1,162
VTD 22   940
VTD 23   1,430
VTD 3   1,664
VTD 5   2,878
Georgetown County
VTD 10   1,504
VTD 11   2,214
VTD 12   967
VTD 13   1,935
VTD 14   2,380


Printed Page 2015 . . . . . Tuesday, April 29, 2003

VTD 15   2,886
VTD 16   2,028
VTD 17   1,554
VTD 18   1,975
VTD 26   2,431
VTD 27   640
VTD 28   1,831
VTD 29   1,205
VTD 30   2,843
VTD 31   1,098
VTD 35   173
VTD 36   911
VTD 7   63
VTD 9   1,178
Horry County
VTD 26   2,946
VTD 27   1,450
VTD 28   6,294
VTD 46   3,258
VTD 76   11,885
VTD 80   2,490
VTD 81   1,637
VTD 82   2,354
VTD 83   5,818
VTD 99   6,313

DISTRICT TOTAL   89,793

PERCENT VARIATION   2.952

DISTRICT 35

Area   Population

Lee County
VTD 1   106
VTD 15   423
VTD 18   335
VTD 19   532
VTD 2   663
VTD 20   552


Printed Page 2016 . . . . . Tuesday, April 29, 2003

VTD 21   514
VTD 22   828
VTD 23   425
VTD 24   901
VTD 3   299
VTD 4   266
VTD 5   209
VTD 6   630
Sumter County
VTD 1   1,968
VTD 10   1,404
VTD 11   1,605
VTD 18   2,657
VTD 19   1,973
VTD 2   817
VTD 20   351
VTD 21   678
VTD 22   236
VTD 23   1,576
VTD 24   1,443
VTD 25   2,188
VTD 26   2,083
VTD 27   2,612
VTD 28   3,153
VTD 29   3,039
VTD 3   1,538
VTD 30   1,613
VTD 31   1,304
VTD 32   1,336
VTD 33   2,004
VTD 34   990
VTD 35   2,733
VTD 36   2,544
VTD 37   1,702
VTD 38   2,297
VTD 39   2,430
VTD 4   3,524
VTD 41   1,198
VTD 42   1,627
VTD 5   3,007
VTD 53   1,765

Printed Page 2017 . . . . . Tuesday, April 29, 2003

VTD 54   1,982
VTD 55   1,493
VTD 56   2,575
VTD 6   6,216
VTD 62   630
VTD 63   1,846
VTD 7   428
VTD 8   1,389
VTD 9   941

DISTRICT TOTAL   83,578

PERCENT VARIATION   -4.173

DISTRICT 36

Area   Population

Calhoun County   15,185
Clarendon County   32,502
Florence County
VTD 3   1,392
VTD 38   2,232
VTD 46   2,833
VTD 67   1,584
Sumter County
VTD 12   1,136
VTD 13   135
VTD 14   826
VTD 15   1,843
VTD 16   1,250
VTD 17   2,775
VTD 40   2,002
VTD 43   1,075
VTD 44   1,634
VTD 45   1,192
VTD 46   1,557
VTD 47   1,469
VTD 48   1,006
VTD 49   3,050
VTD 50   687


Printed Page 2018 . . . . . Tuesday, April 29, 2003

VTD 51   1,064
VTD 52   107
VTD 57   2,197
VTD 58   712
VTD 59   506
VTD 60   1,235
VTD 61   293

DISTRICT TOTAL   83,479

PERCENT VARIATION   -4.287

DISTRICT 37

Area   Population

Berkeley County
VTD 1   3,534
VTD 12   1,159
VTD 13   777
VTD 17   3,040
VTD 18   1,599
VTD 19   313
VTD 2   1,082
VTD 20   511
VTD 23   1,480
VTD 24   1,535
VTD 29   3,410
VTD 3   1,829
VTD 37   5,021
VTD 4   3,404
VTD 43   8,882
VTD 5   4,914
VTD 6   1,301
VTD 7   2,661
VTD 8   878
VTD 9   3,182
Charleston County
VTD 10   1,915
VTD 11   543
VTD 13   4,402


Printed Page 2019 . . . . . Tuesday, April 29, 2003

VTD 2   1,261
VTD 4   3,486
VTD 6   1,016
VTD 7   2,536
VTD 8   2,911
VTD 9   4,467
Colleton County
VTD 13   507
VTD 14   792
VTD 17   4,616
VTD 19   960
VTD 20   1,282
VTD 22   939
VTD 26   3,474
VTD 9   896
Dorchester County
VTD 11   1,052
VTD 12   888
VTD 14   456
VTD 15   616
VTD 16   544

DISTRICT TOTAL   90,071

PERCENT VARIATION   3.271

DISTRICT 38

Area   Population

Charleston County
VTD 171   2,328
VTD 182   745
VTD 89   2,852
VTD 90   1,201
Dorchester County
VTD 17   1,458
VTD 18   2,206
VTD 19   1,168
VTD 20   966
VTD 21   4,566


Printed Page 2020 . . . . . Tuesday, April 29, 2003

VTD 22   4,541
VTD 23   3,143
VTD 24   4,025
VTD 25   1,812
VTD 26   2,621
VTD 27   1,904
VTD 28   2,773
VTD 29   2,843
VTD 30   3,603
VTD 31   1,834
VTD 32   1,447
VTD 33   2,325
VTD 34   239
VTD 35   2,000
VTD 36   1,960
VTD 37   3,099
VTD 39   4,306
VTD 40   4,637
VTD 42   383
VTD 43   323
VTD 44   117
VTD 45   6,333
VTD 46   5,426
VTD 47   3,878
VTD 48   2,448
VTD 49   4,933

DISTRICT TOTAL   90,443

PERCENT VARIATION   3.698

DISTRICT 39

Area   Population

Bamberg County
VTD 13   210
VTD 5   472
VTD 8   267
Colleton County
VTD 1   211


Printed Page 2021 . . . . . Tuesday, April 29, 2003

VTD 10   776
VTD 11   1,047
VTD 12   228
VTD 15   738
VTD 16   520
VTD 2   761
VTD 24   2,315
VTD 3   579
VTD 4   1,339
VTD 5   954
VTD 6   327
VTD 7   411
VTD 8   578
Dorchester County
VTD 1   611
VTD 10   447
VTD 13   505
VTD 2   824
VTD 3   879
VTD 4   891
VTD 5   1,126
VTD 6   1,056
VTD 7   586
VTD 8   1,881
VTD 9   734
Hampton County
VTD 1   111
VTD 10   748
VTD 11   649
VTD 12   483
VTD 15   391
VTD 17   145
VTD 2   1,085
VTD 21   680
VTD 3   346
VTD 4   442
VTD 5   503
VTD 6   362
VTD 7   1,929
VTD 8   1,929
VTD 9   2,260

Printed Page 2022 . . . . . Tuesday, April 29, 2003

Orangeburg County
VTD 10   1,291
VTD 11   1,252
VTD 12   2,187
VTD 13   1,233
VTD 14   2,227
VTD 17   1,003
VTD 18   2,359
VTD 19   1,181
VTD 2   1,098
VTD 20   1,417
VTD 21   758
VTD 22   1,008
VTD 23   5,063
VTD 24   1,667
VTD 25   2,409
VTD 26   1,878
VTD 27   2,653
VTD 28   844
VTD 29   2,832
VTD 3   1,662
VTD 30   2,881
VTD 38   1,744
VTD 39   1,084
VTD 4   3,109
VTD 40   3,224
VTD 43   2,218
VTD 49   2,458
VTD 50   2,263

DISTRICT TOTAL   88,339

PERCENT VARIATION   1.285

DISTRICT 40

Area   Population

Allendale County   11,211
Bamberg County
VTD 1   2,487


Printed Page 2023 . . . . . Tuesday, April 29, 2003

VTD 10   300
VTD 11   166
VTD 12   1,296
VTD 2   3,828
VTD 3   2,934
VTD 4   3,613
VTD 6   149
VTD 7   406
VTD 9   530
Barnwell County   23,478
Orangeburg County
VTD 1   1,143
VTD 15   1,668
VTD 16   2,081
VTD 31   2,766
VTD 32   4,534
VTD 33   1,986
VTD 34   1,838
VTD 35   1,967
VTD 36   1,885
VTD 37   3,785
VTD 41   1,031
VTD 42   939
VTD 45   1,156
VTD 46   974
VTD 47   2,464
VTD 48   1,645
VTD 5   923
VTD 6   1,355
VTD 7   850
VTD 8   802
VTD 9   787

DISTRICT TOTAL   86,977

PERCENT VARIATION   -0.276


Printed Page 2024 . . . . . Tuesday, April 29, 2003

DISTRICT 41

Area   Population

Charleston County
VTD 107   1,138
VTD 110   3,137
VTD 111   803
VTD 112   1,535
VTD 113   934
VTD 114   2,688
VTD 115   1,405
VTD 116   553
VTD 117   748
VTD 118   2,154
VTD 119   3,791
VTD 120   3,818
VTD 121   355
VTD 122   2,548
VTD 123   470
VTD 124   1,781
VTD 125   1,420
VTD 126   822
VTD 136   1,697
VTD 137   1,434
VTD 138   1,417
VTD 139   2,001
VTD 140   1,447
VTD 141   967
VTD 142   1,192
VTD 143   1,790
VTD 144   1,857
VTD 145   1,746
VTD 146   1,942
VTD 147   2,269
VTD 148   2,244
VTD 149   1,078
VTD 154   1,887
VTD 156   1,751
VTD 157   1,766
VTD 158   1,264


Printed Page 2025 . . . . . Tuesday, April 29, 2003

VTD 159   2,059
VTD 163   1,163
VTD 164   1,580
VTD 165   1,411
VTD 166   1,925
VTD 167   1,615
VTD 168   1,719
VTD 169   2,646
VTD 170   935
VTD 172   2,038
VTD 175   1,189
VTD 183   870
VTD 184   1,841
VTD 185   1,473
VTD 187   379
VTD 66   1,586

DISTRICT TOTAL   84,278

PERCENT VARIATION   -3.371

DISTRICT 42

Area   Population

Charleston County
VTD 100   802
VTD 101   161
VTD 102   596
VTD 103   2,008
VTD 104   1,422
VTD 105   2,736
VTD 106   1,519
VTD 108   4,455
VTD 109   2,879
VTD 127   2,169
VTD 128   851
VTD 129   2,394
VTD 130   1,764
VTD 131   1,502
VTD 132   926


Printed Page 2026 . . . . . Tuesday, April 29, 2003

VTD 133   1,429
VTD 134   1,927
VTD 135   974
VTD 45   1,379
VTD 46   2,473
VTD 47   1,615
VTD 48   3,675
VTD 49   1,452
VTD 50   1,991
VTD 51   1,173
VTD 53   1,878
VTD 54   1,330
VTD 55   1,775
VTD 56   1,057
VTD 57   1,735
VTD 59   1,269
VTD 61   1,485
VTD 62   1,978
VTD 63   1,784
VTD 64   3,378
VTD 65   2,854
VTD 67   1,670
VTD 68   1,718
VTD 69   2,966
VTD 74   1,716
VTD 75   1,777
VTD 78   621
VTD 82   2,491
VTD 92   3,302
VTD 94   0
VTD 95   578
VTD 96   1,796
VTD 97   622
VTD 98   426
VTD 99   264

DISTRICT TOTAL   84,742

PERCENT VARIATION   -2.839


Printed Page 2027 . . . . . Tuesday, April 29, 2003

DISTRICT 43

Area   Population

Berkeley County
VTD 45   3,025
VTD 46   4,791
Charleston County
VTD 12   2,675
VTD 15   1,362
VTD 150   1,792
VTD 151   1,298
VTD 152   1,628
VTD 153   759
VTD 155   1,847
VTD 16   1,812
VTD 160   2,609
VTD 161   1,334
VTD 162   951
VTD 17   1,409
VTD 18   1,911
VTD 186   438
VTD 24   1,603
VTD 25   1,815
VTD 26   1,749
VTD 27   897
VTD 28   1,080
VTD 29   1,649
VTD 30   1,247
VTD 31   1,909
VTD 32   1,380
VTD 33   1,474
VTD 34   626
VTD 35   1,540
VTD 36   1,081
VTD 37   989
VTD 38   1,288
VTD 39   1,874
VTD 40   1,342
VTD 41   865
VTD 42   1,177


Printed Page 2028 . . . . . Tuesday, April 29, 2003

VTD 43   1,601
VTD 44   1,666
VTD 52   1,824
VTD 58   840
VTD 60   784
VTD 70   1,247
VTD 71   2,767
VTD 72   1,206
VTD 73   951
VTD 76   1,010
VTD 77   2,643
VTD 79   476
VTD 80   2,678
VTD 81   1,939
VTD 83   64
VTD 84   4,237
VTD 85   700
VTD 86   1,194
VTD 87   2,257
VTD 88   1,581
VTD 91   596
VTD 93   2,279

DISTRICT TOTAL   89,766

PERCENT VARIATION   2.921

DISTRICT 44

Area   Population

Berkeley County
VTD 10   1,983
VTD 11   3,148
VTD 14   3,218
VTD 15   2,678
VTD 16   2,543
VTD 21   6,144
VTD 22   3,253
VTD 25   3,411
VTD 26   3,678


Printed Page 2029 . . . . . Tuesday, April 29, 2003

VTD 27   1,679
VTD 28   6,333
VTD 30   3,803
VTD 31   5,071
VTD 32   2,923
VTD 33   3,911
VTD 34   1,240
VTD 35   4,329
VTD 36   2,434
VTD 38   5,220
VTD 39   981
VTD 40   3,083
VTD 41   2,130
VTD 42   8,253
VTD 44   2,877

DISTRICT TOTAL   84,323

PERCENT VARIATION   -3.319

DISTRICT 45

Area   Population

Beaufort County
VTD 1   296
VTD 10   3,274
VTD 16   2,232
VTD 17   1,789
VTD 2   746
VTD 25   836
VTD 3   959
VTD 35   796
VTD 36   2,483
VTD 39   4,841
VTD 4   511
VTD 40   2,283
VTD 5   1,139
VTD 6   465
VTD 7   1,410
VTD 8   7,167


Printed Page 2030 . . . . . Tuesday, April 29, 2003

VTD 9   1,740
Charleston County
VTD 173   1,215
VTD 174   1,396
VTD 176   1,559
VTD 177   2,120
VTD 178   1,505
VTD 179   2,655
VTD 180   1,673
VTD 181   1,681
Colleton County
VTD 18   4,207
VTD 23   3,305
VTD 25   1,687
VTD 27   970
VTD 28   1,084
VTD 29   1,379
VTD 30   1,382
Hampton County
VTD 13   1,495
VTD 14   4,153
VTD 16   919
VTD 18   580
VTD 19   260
VTD 20   532
VTD 22   1,384
Jasper County   20,678

DISTRICT TOTAL   90,786

PERCENT VARIATION   4.091

DISTRICT 46

Area   Population

Beaufort County
VTD 11   682
VTD 12   1,918
VTD 13   2,500
VTD 14   328


Printed Page 2031 . . . . . Tuesday, April 29, 2003

VTD 15   2,129
VTD 18   2,264
VTD 19   1,284
VTD 20   842
VTD 21   499
VTD 22   2,623
VTD 23   454
VTD 24   1,218
VTD 26   1,905
VTD 27   2,929
VTD 28   2,163
VTD 29   908
VTD 30   1,860
VTD 31   1,443
VTD 32   2,243
VTD 33   1,270
VTD 34   337
VTD 37   1,079
VTD 38   1,641
VTD 41   35
VTD 42   975
VTD 43   415
VTD 44   1,845
VTD 45   719
VTD 46   1,655
VTD 47   2,867
VTD 48   3,402
VTD 49   636
VTD 50   2,807
VTD 51   3,407
VTD 52   2
VTD 53   279
VTD 54   1,199
VTD 55   867
VTD 56   586
VTD 57   1,817
VTD 58   1,553
VTD 59   1,980
VTD 60   1,213
VTD 61   1,166
VTD 62   809

Printed Page 2032 . . . . . Tuesday, April 29, 2003

VTD 63   1,141
VTD 64   577
VTD 65   946
VTD 66   1,094
VTD 67   2,046
VTD 68   2,671
VTD 69   1,255
VTD 70   2,200
VTD 71   3,104
VTD 72   1,292
VTD 73   2,106
VTD 74   1,129
VTD 75   997
VTD 76   983
VTD 77   993
VTD 78   683

DISTRICT TOTAL   87,970

PERCENT VARIATION   0.862

SECTION   2.   The United States Census of 2000 is adopted as the true and correct enumeration of the inhabitants of this State, and of the several counties, municipalities, and other political subdivisions of this State.

SECTION   3.   Sections 1-1-730 and 2-1-65 of the 1976 Code are repealed.

SECTION   4.   Upon the effective date of this act, the President Pro Tempore of the South Carolina Senate is designated as the appropriate official of the submitting authority, who is responsible for making submissions of the revised election districts set forth in Section 2-1-75 of this act to the Chief, Voting Section, Civil Rights Division, Department of Justice, in compliance with Section 5 of the Voting Rights Act of 1965, as amended, and Title 28, Part 51 of the Code of Federal Regulations.

SECTION   5.   The provisions of Section 1 of this act must not be implemented prior to the regularly scheduled primary and general elections for 2004. Prior to the 2004 General Election, the Senate districts now provided for by the interim order of the federal three-judge panel in Colleton County Council v. McConnell, 201


Printed Page 2033 . . . . . Tuesday, April 29, 2003

F.Supp.2d 618 (2002), continue to apply for purposes of vacancies in office for members of the Senate.

SECTION   6.   If all or any part of Section 1 of this act is determined to be null and void either by a court or by a failure to receive preclearance from the Department of Justice or any court of competent jurisdiction pursuant to Section 5 of the Voting Rights Act of 1965 and Title 28, Part 51 of the Code of Federal Regulations, Section 1 of this act is repealed.

SECTION   7.   Except as otherwise provided in Section 6, if any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid or denied preclearance under Section 5 of the Voting Rights Act, such holding or denial does not affect the constitutionality or validity of the remaining portions of this act. The General Assembly hereby declares that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION   8.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

With unanimous consent, Senator ANDERSON spoke on the amendment.

Remarks by Senators ANDERSON and McCONNELL

PRESIDENT:     The Senator from Greenville.
Sen. ANDERSON:   Would the Senator yield for a question, please?
Sen. McCONNELL:   Yes, sir.
Sen. ANDERSON:   Senator, do you know that after you leave Columbia that I am the only African-American Senator going north, whether you go to Rock Hill or Spartanburg or anywhere? Do you know that?
Sen. McCONNELL:   Yes, sir. Now that you mention it and I think about the maps. You are correct.
Sen. ANDERSON:   Ok. I thought I'd mentioned it all the time. But, do you know under the federal plan, it would drop me to 44%, and my


Printed Page 2034 . . . . . Tuesday, April 29, 2003

chances for winning election would probably be almost impossible. Do you know that?
Sen. McCONNELL:   If you tell me that would be the result, I suspect that it would be difficult there in Greenville.
Sen. ANDERSON:   Do you know the deviation really helps most of us, changing it from 0 percent to 5 percent?
Sen. McCONNELL:   I'm sorry. Give me that again.
Sen. ANDERSON:   Do you know that changing the deviation from 0 to 5 percent helped a whole lot of us and made it possible for me ...
Sen. McCONNELL:   Yes, sir. It gave us the flexibility to be able to improve your district some. Your district is ...
Sen. ANDERSON:   It went from 44% ...
Sen. McCONNELL:   From a minority voting strength standpoint by putting the precincts together and having the variance, we were able to do more up there and I think y'all have also changed some precinct lines up there.

Sen. ANDERSON:   We are in the process of changing some of the precinct lines. Do you know that inasmuch as the new plan is helping other minorities that I cannot visualize that the NAACP could legally file a suit that would be detrimental to African Americans.
Sen. McCONNELL:   That the court plan would be?
Sen. ANDERSON:   No, the new plan.
Sen. McCONNELL:   The new plan.
Sen. ANDERSON:   I cannot believe that the NAACP would file suit with the Justice Department on a plan that would improve our district lines for at least two African Americans.
Sen. McCONNELL:   I don't know how the case could be made on this plan that minority voting strength has been damaged by what we did in Greenville. I think it's been enhanced. Your district has been enhanced and, to my knowledge, when I go back and look at all of them, just as Mr. McDonald has been able to do at least on a cursory level, none of them are negatively impacted. There's no case of packing; there's no case of diluting. It has been clean, surgical action on the court plan to try to improve it by putting precincts together.
Sen. ANDERSON:   Well, do you know that it has helped some African American districts with the Judiciary plan? Do you know that?
Sen. McCONNELL:   If it helps them? Yes, sir. I think it helps them. I would tend to think that those who may have initially criticized it, when they look closer at it, they're going to be very pleased with it.


Printed Page 2035 . . . . . Tuesday, April 29, 2003

Sen. ANDERSON:   And, do you know that I don't see any reason why we should have a hearing because we have an expert on it. I think that each elected official would know the boundaries of it, so I don't think that a hearing would help at all -- probably create more problems than anything, do you know that?
Sen. McCONNELL:   Yes, sir. And, I understand where you are coming from that the changes that have been made out there allow us to do so within the parameters and the criteria and will, of course, in your opinion, make the Greenville Delegation more representative.
Sen. ANDERSON:   Well, thank you.
Sen. McCONNELL:   Yes, sir.

On motion of Senator JACKSON, with unanimous consent, Senator ANDERSON's remarks, would be printed in the Journal.

Senator McCONNELL continued explaining the amendment.

Senator LEVENTIS argued contra to the adoption of the amendment.

Senator JACKSON argued contra to the adoption of the amendment.

Senator MARTIN argued in favor of the adoption of the amendment.

On motion of Senator MARTIN, debate was interrupted by adjournment.

MOTION ADOPTED

On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable J. M. "BUD" LONG of Myrtle Beach, S.C., our former colleague who served in the Senate from 1984-1991. Prior to his election to the Senate, Senator LONG was a solicitor for the 15th Judicial Circuit and a Myrtle Beach municipal judge. He served in the Navy during World War II. He was a beloved husband to his wife, Judy, and devoted father to his seven children.


Printed Page 2036 . . . . . Tuesday, April 29, 2003

ADJOURNMENT

At 4:44 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 10:00 A.M.

* * *

This web page was last updated on Wednesday, June 24, 2009 at 3:43 P.M.