South Carolina General Assembly
112th Session, 1997-1998
Journal of the Senate

Tuesday, February 24, 1998
(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 ACTING PRESIDENT, Senator HUTTO.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear a reading from the Book of Daniel, Chapter 7 (vv.1,2):
"In the first year of Belshazzar king of
Babylon, Daniel had a dream and visions
of his head as he lay in his bed. Then
he wrote down the dream, and told the sum
of the matter. Daniel said, 'I saw in my vision
by night, and behold, the four winds of
heaven were stirring up the great sea'..."
Let us pray.
Our Father, we read about Daniel in the year 554 B.C., concerning the great trouble in the Middle East.
The media of the world tells us that in our day The Secretary General of the United Nations of the World is returning with an agreement from Saddam Hussain, whom some think, considers himself the modern Nebuchadnezzar.
Truly Daniel's vision that "the four winds of heaven were stirring up the great sea..." should stab us all awake!
In it all, dear Lord, give wisdom and guidance to the leaders of America that they may rightly direct the power of the United States to bless the peoples of the earth.
Help us, here in South Carolina, to keep our house in order!
For the life and labors of our friend, Donald Russell, a child and servant of God, we give You thanks--in the name of Donald's God, Father, Son, and Holy Spirit!
Amen.

Point of Quorum

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator MOORE moved that a Call of the Senate be made. The following Senators answered the call:

Alexander                 Anderson                  Branton
Bryan                     Cork                      Drummond
Elliott                   Fair                      Ford
Giese                     Glover                    Gregory
Grooms                    Hayes                     Holland
Hutto                     Jackson                   Land
Lander                    Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Patterson                 Peeler
Rankin                    Ravenel                   Reese
Ryberg                    Saleeby                   Setzler
Short                     Smith, J. Verne           Thomas
Waldrep                   Wilson                    

A quorum being present, the Senate resumed.

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

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2173
Promulgated by Commission on Higher Education
Performance Funding 1998 and Subsequent Years
Received by Lt. Governor April 22, 1997
Referred to Senate Committee on Education
120 day revised expiration date April 15, 1998
Withdrawn and resubmitted February 19, 1998

REGULATION WITHDRAWN

The following was received:

Document No. 2197
Promulgated by Commission on Higher Education
Performance Funding (FY 1997-1998)
Received by Lt. Governor April 22, 1997
Referred to Senate Committee on Education
Withdrawn February 19, 1998

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2195
Promulgated by Department of Social Services
Food Stamp Program
Received by Lt. Governor February 5, 1998
Referred to Senate General Committee
120 day review expiration date June 5, 1998

Document No. 2234
Promulgated by Clemson University-Livestock-Poultry Health Division
Importation of Livestock-Sheep and Goats
Received by Lt. Governor February 11, 1998
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date June 11, 1998

Document No. 2235
Promulgated by Clemson University-Livestock-Poultry Health Division
Vesicular Stomatitis Restrictions
Received by Lt. Governor February 11, 1998
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date June 11, 1998

Document No. 2253
Promulgated by Budget and Control Board
South Carolina Tuition Prepayment Program
Received by Lt. Governor February 11, 1998
Referred to Senate Committee on Finance
120 day review expiration date June 11, 1998

Document No. 2271
Promulgated by Department of Labor, Licensing and Regulation-Board of Funeral Service
Continuing Education Requirements
Received by Lt. Governor February 2, 1998
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date June 4, 1998

Document No. 2278
Promulgated by Department of Labor, Licensing and Regulation-Pilotage Commission, Port of Port Royal
Port of Port Royal-Apprentice Training and Qualification; Short Branch Qualification
Received by Lt. Governor February 4, 1998
Referred to Senate Committee on Transportation
120 day review expiration date June 4, 1998

Document No. 2283
Promulgated by Department of Labor, Licensing and Regulation-Board of Funeral Service
Definitions; Powers, Duties, and Responsibilities of Council; Duties and Responsibilities of Department; Council Officers; Council Meetings; Building Codes; Energy Standards; Injunctive Relief; Penalties.
Received by Lt. Governor February 4, 1998
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date June 4, 1998

Document No. 2284
Promulgated by Department of Labor, Licensing and Regulation-Massage/Bodywork Therapy
Schools, Reciprocity; Licenses, Sexual Activity Prohibited; Continuing Education; Change of Address or Name; Communicable Disease Control
Received by Lt. Governor February 4, 1998
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date June 4, 1998

Doctor of the Day

Senator HAYES introduced Dr. Terry Dodge of Rock Hill, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator WILSON, at 12:05 P.M., Senator RUSSELL was granted a leave of absence for the balance of the week.

Leave of Absence

On motion of Senator PEELER, at 12:05 P.M., Senator COURTNEY was granted a leave of absence for the balance of the week.

Leave of Absence

On motion of Senator MATTHEWS, at 12:05 P.M., Senator WASHINGTON was granted a leave of absence for today.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1056 -- Senator Courson: A CONCURRENT RESOLUTION TO CONGRATULATE MR. E. PERRY PALMER FOR HIS DISTINGUISHED PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA ON THE OCCASION OF RECEIVING THE "HUMANITARIAN OF THE YEAR" AWARD ON JANUARY 14, 1998.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 1057 -- Senators Peeler and Leventis: A CONCURRENT RESOLUTION TO OFFER THE SINCERE CONDOLENCES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF MRS. HARRIET BARTELL RYAN OF SUMTER COUNTY AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered sent to the House.

S. 1058 -- Senators Ravenel, Washington and McConnell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PORTIONS OF CERTAIN RIVERS IN THE STATE AS SCENIC RIVERS UNDER THE "SOUTH CAROLINA SCENIC RIVERS ACT OF 1989", SO AS TO DESIGNATE A PORTION OF THE ASHLEY RIVER AS A SCENIC RIVER.
Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1059 -- Senators Saleeby and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT THE DIVISION ON AGING IS UNDER THE DEPARTMENT OF HEALTH AND HUMAN SERVICES RATHER THAN UNDER THE OFFICE OF THE GOVERNOR; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO AMEND THE DEFINITION OF "EMPLOYEE" AND "EMPLOYER" SO AS TO INCLUDE EMPLOYEES OF LOCAL COUNCILS ON AGING IN THE STATE RETIREMENT SYSTEM.
Read the first time and referred to the Committee on Finance.

S. 1060 -- Senators Fair, Grooms, Martin, Thomas, Ravenel, Wilson, Hayes, Bryan and Giese: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE RIGHT TO LIFE ACT OF SOUTH CAROLINA WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS VESTS AT FERTILIZATION.
Read the first time and referred to the Committee on Judiciary.

S. 1061 -- Senator Giese: A BILL TO AMEND SECTION 40-57-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS FOR LICENSE RENEWAL AND CONTINUING EDUCATION FOR REAL ESTATE BROKERS AND SALESMEN, SO AS TO APPLY CERTAIN PROVISIONS OF THE SECTION TO REAL ESTATE PROPERTY MANAGERS, SPECIFY THE CONTENT OF CONTINUING EDUCATION FOR PROPERTY MANAGERS, AND EXEMPT CERTAIN PROPERTY MANAGERS FROM THE PROVISIONS OF THIS SECTION.
Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1062 -- Senator Hayes: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH A VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.
Read the first time and referred to the Committee on Medical Affairs.

S. 1063 -- Senators Martin and Alexander: A BILL TO PROVIDE FOR AN ADVISORY ELECTION AMONG PICKENS COUNTY VETERANS TO NOMINATE A CANDIDATE TO THE PICKENS COUNTY LEGISLATIVE DELEGATION FOR RECOMMENDATION TO THE STATE DIRECTOR OF VETERANS' AFFAIRS FOR APPOINTMENT AS PICKENS COUNTY VETERANS AFFAIRS OFFICER.
Read the first time and ordered placed on the local and uncontested Calendar.

Ordered to a Second and Third Reading

On motion of Senator MARTIN, the Bill was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1064 -- Senator Bryan: A BILL TO AMEND TITLE 40, CHAPTER 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PODIATRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PODIATRISTS.
Read the first time and referred to the Committee on Medical Affairs.

H. 3382 -- Reps. Robinson, Cromer, Barrett, Neal, Kirsh, Sandifer, Harrison, Limbaugh, D. Smith, Meacham and Trotter: A BILL TO AMEND SECTION 12-21-2710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE POSSESSION OF CERTAIN TYPES OF GAMING OR SLOT MACHINES, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANTIQUE SLOT MACHINES MADE BEFORE JANUARY 1, 1965, WHICH ARE KEPT BY THE OWNER THEREOF IN HIS PRINCIPAL RESIDENCE AND NOT USED FOR COMMERCIAL OR GAMING PURPOSES.
Read the first time and referred to the Committee on Finance.

H. 3792 -- Reps. Cato and Walker: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS THAT PARTICIPATE IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS PROVIDED FOR IN THIS SECTION AND SHALL PAY THEIR ASSESSMENTS, IF ANY.
Read the first time and referred to the Committee on Banking and Insurance.

H. 3820 -- Reps. Beck, Edge, Mason, Carnell, Trotter, Sharpe, Cato, R. Smith, Clyburn, Limehouse, H. Brown, Harrison, Bailey and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.
Read the first time and referred to the Committee on Medical Affairs.

H. 4377 -- Reps. Haskins, Spearman, Kirsh, Wilkins, Bauer, Cato, Gamble, Leach, Sandifer, Young-Brickell, Riser, Moody-Lawrence and McLeod: A BILL TO AMEND CHAPTER 75, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF LICENSED PROFESSIONAL COUNSELORS BY ADDING ARTICLE 3, SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF SPECIALISTS IN SCHOOL PSYCHOLOGY; TO AMEND SECTION 40-75-20, RELATING TO THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, SO AS TO ADD A SPECIALIST IN SCHOOL PSYCHOLOGY TO THE BOARD; TO REQUIRE PERSONS QUALIFIED TO PRACTICE SCHOOL PSYCHOLOGY ON THE EFFECTIVE DATE OF THIS ACT TO APPLY FOR LICENSURE BEFORE OCTOBER 1, 1998; AND TO DESIGNATE SECTIONS 40-75-10 THROUGH 40-75-190 AS ARTICLE 1 OF CHAPTER 75, TITLE 40, ENTITLED "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS" AND TO RENAME CHAPTER 75, TITLE 40 "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND SPECIALISTS IN SCHOOL PSYCHOLOGY".
Read the first time and referred to the Committee on Medical Affairs.

H. 4383 -- Reps. Cobb-Hunter, Canty, McLeod and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO REQUIRE AN INSTITUTION OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION AND AWARENESS OF CAMPUS SEXUAL ASSAULT.
Read the first time and referred to the Committee on Education.

H. 4400 -- Rep. D. Smith: A BILL TO AMEND ACT 321 OF 1969, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM TWENTY THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4495 -- Reps. Kelley, Keegan, Edge, Limehouse, Whatley, T. Brown, Mason, Barfield, Miller, Sheheen and Witherspoon: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE A MORATORIUM THROUGH FEBRUARY 1, 1999, ON ISSUING NEW LICENSES TO AN OUTPATIENT METHADONE TREATMENT FACILITY.
Introduced and referred to the Committee on Medical Affairs.

H. 4549 -- Reps. Allison, Hamilton, Altman, G. Brown, Inabinett, Rice, Mason, Stoddard, Beck, Sandifer, McKay, Battle, R. Smith, Walker, Canty, Keegan, Lloyd, Phillips, Rhoad, Riser, Breeland, McCraw, M. Hines, Neal, F. Smith, Mack, Wilkes, Byrd, Moody-Lawrence, Bauer, Barrett, Carnell, Jennings, D. Smith, Simrill, Vaughn, Young, Robinson, McGee, Rodgers, Littlejohn, Bowers, Jordan, Cave, Stille, Baxley, Gamble, Govan and McLeod: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF MENTAL HEALTH TO DEVELOP AND SUBMIT TO THE GENERAL ASSEMBLY A PROPOSAL FOR THE CONSTRUCTION AND OPERATION OF A NURSING HOME FACILITY FOR STATE VETERANS.
Read the first time and referred to the Committee on Medical Affairs.

H. 4630 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 951 OF 1970, AS AMENDED, RELATING TO THE SOUTH SIDE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM TWENTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4636 -- Reps. Harrell, Robinson, Campsen, Easterday, Sandifer, Whipper, Baxley, Seithel, Allison, Hinson, McKay, Littlejohn, Jennings, J. Hines, R. Smith, Clyburn, Bailey, Edge, Leach, Cobb-Hunter, Wilkins, Scott, McCraw, Neilson, T. Brown, Townsend, Chellis, Davenport, Stille, Young-Brickell, Walker, Woodrum, Rodgers, Webb, Gamble, A. Harris, Klauber, Kinon, Bauer, Dantzler, Phillips, Cato, Bowers, Barrett, Meacham and Mack: A JOINT RESOLUTION TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 59-39-105 OF THE 1976 CODE RELATING TO THE REQUIREMENTS FOR A STAR DIPLOMA, FOR THE 1997-98 AND 1998-99 SCHOOL YEARS ONLY, GRADUATING SENIORS FROM HIGH SCHOOL SHALL BE GRANTED A WAIVER AS AND IF NECESSARY OF THE ADDITIONAL COMPUTER SCIENCE UNIT OR THE ADDITIONAL MATHEMATICS UNIT, OR BOTH, REQUIRED FOR A STAR DIPLOMA AND SCHOLARSHIP.
Read the first time and referred to the Committee on Education.

H. 4637 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 482 OF 1969, AS AMENDED, RELATING TO THE JONESVILLE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM SEVENTY-FIVE THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4649 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, OFFICE OF RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2237, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Finance.

H. 4648 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOUTH CAROLINA CENTRAL CANCER REGISTRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2262, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.

H. 4650 -- Reps. Edge, Barfield, Witherspoon and Kelley: A BILL TO PROVIDE THAT THE MEMBERS OF THE HORRY COUNTY BOARD OF EDUCATION ELECTED IN THE YEAR 2000 ONLY AS PROVIDED BY LAW SHALL SERVE FOR TERMS OF TWO YEARS EACH RATHER THAN FOR TERMS OF FOUR YEARS EACH, AND TO PROVIDE THAT AT THE 2002 GENERAL ELECTION, FOUR-YEAR TERMS MUST BE RESUMED, AND THE BOARD SHALL BE REDUCED TO SEVEN MEMBERS, WITH SIX MEMBERS ELECTED FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS ESTABLISHED AND DRAWN BASED ON THE RESULTS OF THE YEAR 2000 CENSUS AND THE SEVENTH MEMBER WHO SHALL CONTINUE TO BE THE CHAIRMAN ELECTED FROM THE COUNTY AT LARGE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4656 -- Reps. Breeland, Seithel, Chellis, Harrell, Campsen, Altman, Whipper, Limehouse, Dantzler, Inabinett, Whatley and Mack: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

REPORTS OF STANDING COMMITTEE

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. School Boards Assn. & S.C. Assn. of School Administrators to attend a luncheon at the Capital City Club on Wednesday, March 4, 1998, upon adjournment and lasting until 2:00 P.M.

Poll of the Invitations Committee
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
McGill                    Reese

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Passailaigue              Washington

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Bill Dukes (Blue Marlin), to attend a reception at the Blue Marlin on Wednesday, March 4, 1998, from 6:00-8:00 P.M.

Poll of the Invitations Committee
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
McGill                    Reese

TOTAL--8
NAYS

TOTAL--0

NOT VOTING

Passailaigue              Washington

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Council of Chambers of York County (York County Day) to attend a reception at the Capital City Club on Tuesday, March 10, 1998, from 6:00- 9:00 P.M.

Poll of the Invitations Committee
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
McGill                    Reese

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Passailaigue              Washington

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Assn. of Realtors to attend a luncheon/reception at the Capital City Club on Wednesday, March 11, 1998, upon adjournment and lasting until 2:30 P.M.

Poll of the Invitations Committee
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
McGill                    Reese

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Passailaigue              Washington

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. State College to attend a reception at Seawell's on Wednesday, March 11, 1998, from 6:00-8:00 P.M.

Poll of the Invitations Committee
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
McGill                    Reese

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Passailaigue              Washington

TOTAL--2

MOTION ADOPTED

On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed that, when it adjourned today, it stand adjourned to meet tomorrow at 10:00 A.M. for the exclusive purpose of reading any local Bills which have unanimous agreement of the affected delegation and the reading of any statewide legislation that has been ordered to a second or third reading by prior action of the Senate, and upon the conclusion of this business the Senate will stand adjourned to meet at 11:00 A.M. on Thursday, February 26, 1998.

On motion of Senator DRUMMOND, the following Message was ordered sent to the House:

MESSAGE FROM THE SENATE

Columbia, S.C., February 24, 1998

Mr. Speaker and Members of the House:
The Senate respectfully informs the Honorable Body that due to the passing of the Honorable Donald S. Russell, beloved father of Senator John Russell, the Senate will not be in attendance at the Joint Assembly scheduled for Wednesday, February 25, 1998, at 12:00 Noon, to hear the address of the National Commander of the American Legion. The Senate will be meeting for local matters and those statewide matters which have unanimous consent to be considered.

Respectfully submitted,
Clerk of the Senate

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

THIRD READING BILL

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

S. 1054 -- Senator Grooms: A JOINT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS AT LOCATIONS ALONG HIGHWAYS LEADING INTO THE CITY OF WALTERBORO READING "CITY OF CHAMPIONS, HOME OF WALTERBORO HIGH SCHOOL: 1997 AAAA FOOTBALL CHAMPIONS AND 1997 AAAA BAND CHAMPIONS".

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 964 -- Senator Washington: A BILL TO AMEND ACT 278 OF 1985, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO ESTABLISH SINGLE MEMBER DISTRICTS AND TO PROVIDE FOR ELECTIONS.

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

Senator WASHINGTON proposed the following amendment (964R001.WHB), which was adopted:
Amend the bill, as and if amended, page 1, by striking all after the enacting words and inserting the following:
/SECTION   1.   Section 1 of Act 601 of 1971, as last amended by Act 240 of 1983, is further amended to read:
"Section   1.   The central authority of Jasper County's education system is the Jasper County Board of Education (hereafter called the board) which is, ex officio, the board of trustees of the Jasper County School District, and all powers and functions vested in school trustees by general or special enactment are vested in the board.
Notwithstanding any other provision of law, the board is composed of nine members who whose terms shall be four years except that the initial term for Districts 2, 4, 6, and 8 shall be two years and four years thereafter. Each trustee must be a resident electors elector of the district and who are to be elected single member district from which the trustee is elected as designated in Section 2 of this act. for terms of four years from the district at large. Any vacancies A vacancy must be filled by special election as provided in Section 7-13-190. for the unexpired term only by appointment of the Governor on the recommendation of a majority of the Jasper County Council. In the general election of 1980 the five candidates elected to the board who receive the highest number of votes shall serve terms of four years and until their successors are elected and qualify and the other four members elected shall serve terms of two years and until their successors are elected and qualify. Thereafter, all members shall serve terms of four years and until their successors are elected and qualify. Commencing with the general election of 1984, the five members of the board elected in the general election of 1980 who received the highest number of votes in that election, and the successors of any of those five members, must be elected in nonpartisan elections in the general election and in nonpartisan elections in the general election every four years thereafter. Commencing with the general election of 1986, the other four members of the board elected in the general election of 1980 and whose offices were voted upon again in the general election of 1982, and the successors of any of those four members, must be elected in nonpartisan elections in the general election and in nonpartisan elections in the general election every four years thereafter.
Notice of the election must be published by the Jasper County Board of Elections and Voter Registration Election Commission in a newspaper of general circulation in the district which shall contain appropriate information concerning the election, such as the date of the election, the qualifications of a candidate for election, the method of securing a place in the ballot, the legal requirements regarding the number of necessary signatures on the required petition, all pertinent deadlines, and the authority to whom the candidate's petition must be submitted. The notice must be published not earlier than one hundred fifty days, and not later than one hundred twenty days, before the date of the election. The notice published pursuant to this statute act is additional to any general law requirements of notice of election pursuant to Title 7 of the S. C. Code of Laws, 1976.
To have his name placed on the ballot as a candidate, a person shall submit to the county election commission a petition which, notwithstanding the provisions of Section 7-11-70 of the 1976 Code, shall contain the signatures of at least two and one-half percent of the qualified registered electors of the single member district.
The name of the candidate, if he is otherwise qualified, must be placed upon the ballot by the officer, commissioners, or other authority charged by law with preparing the ballot if the petition is submitted, as required by this section, not later than twelve o'clock noon on August first prior to the date of the election, or if August first falls on Sunday, not later than twelve o'clock noon on the following Monday. At the time the petition is submitted, the authority charged with accepting it shall issue a receipt to the person submitting the petition which shall reflect the date it was submitted and the total number of signatures it contains. The Jasper County Board of Elections and Voter Registration shall check the petition at the request of the authority charged with printing the ballot and shall certify the results to that authority not later than twelve o'clock noon on September first prior to the date of the election, or if September first falls on Sunday, not later than twelve o'clock noon on the following Monday. Once submitted for verification, the petition may not be returned to the petitioner but must be retained by the authority to whom it was submitted and must become a part of the public records of the election for which it was submitted."
SECTION   2.   (A)   The single member districts of Jasper County School District shall be as follows:
DISTRICT 1
Area   Population
Jasper County
GILLISONVILLE
Tract 9501.00
Blocks: 152, 158, 159, 160, 161, 162, 166, 167, 168, 169, 170, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 184, 185, 186, 189, 190, 192, 193   611
GRAYS
Tract 9501.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 163, 164, 165, 171   680
PINELAND
Tract 9501.00
Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 242, 243, 244, 245, 246, 247, 250, 251, 283, 284   425

DISTRICT TOTAL   1,716
PERCENT VARIATION   -0.290
DISTRICT 2
Area   Population
Jasper County
PINELAND
Tract 9501.00
Blocks: 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 248, 249, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 285   619
RIDGELAND 1
Tract 9501.00
Blocks: 301, 302, 303, 304, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338   344
Tract 9502.00
Blocks: 226, 227B   32
TILLMAN
Tract 9501.00
Blocks: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 430, 432, 433, 436, 437, 439, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 466, 467, 495, 496, 497   697

DISTRICT TOTAL   1,692
PERCENT VARIATION   -1.685
DISTRICT 3
Area   Population
Jasper County
COOSAWHATCHIE
Tract 9502.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197   716
GRAHAMVILLE 2
Tract 9502.00
Blocks: 301, 302, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 433, 434, 435, 436, 437, 438, 439, 440, 445, 446, 447, 448, 449   1,014
GRAYS
Tract 9501.00
Blocks: 120, 121, 153, 154, 155, 156, 157   22

DISTRICT TOTAL   1,752
PERCENT VARIATION   +1.801
DISTRICT 4
Area   Population
Jasper County
COOSAWHATCHIE
Tract 9502.00
Blocks: 134, 135, 136, 137, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160   178
GILLISONVILLE
Tract 9501.00
Blocks: 183, 187, 188, 191, 194, 195, 196, 197   135
RIDGELAND 1
Tract 9501.00
Blocks: 305, 306, 307, 308, 322, 323, 324, 325   200
Tract 9502.00
Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213A, 213B, 213C, 214, 215, 216, 217, 218, 219, 220, 221, 222A, 222B, 223, 224, 225, 227A, 228, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238A, 238B, 239A, 239B, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 342, 343, 344A, 344B, 345, 346, 347, 348, 349, 350A, 350B, 351A, 351B, 352A, 352B, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371   1,259

DISTRICT TOTAL   1,772
PERCENT VARIATION   +2.963
DISTRICT 5
Area   Population
Jasper County
GRAHAMVILLE 1
Tract 9502.00
Blocks: 501, 542, 543, 544, 545, 546, 547, 548, 549, 550, 558, 559, 618, 619   369
RIDGELAND 1
Tract 9501.00
Blocks: 347, 348, 349, 350, 351, 352, 353, 354   199
RIDGELAND 2   1,194
TILLMAN
Tract 9501.00
Blocks: 438   0

DISTRICT TOTAL   1,762
PERCENT VARIATION   +2.382
DISTRICT 6
Area   Population
Jasper County
HARDEEVILLE 1
Tract 9503.00
Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226C, 227B, 228, 229, 230, 235B, 236, 237B, 238, 239B, 259   269
HARDEEVILLE 2   1,189
TILLMAN
Tract 9501.00
Blocks: 428, 429, 431, 434, 435, 440, 441, 442, 443, 444, 445, 446, 447, 465, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494   121
Tract 9503.00
Blocks: 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 125, 126, 135, 136, 194   79

DISTRICT TOTAL   1,658
PERCENT VARIATION   -3.660
DISTRICT 7
Area   Population
Jasper County
GRAHAMVILLE 1
Tract 9502.00
Blocks: 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 670, 694, 695, 696, 697   739
GRAHAMVILLE 2
Tract 9502.00
Blocks: 311, 332, 334, 335, 336, 337, 338, 339, 340, 341, 353, 354, 355, 356, 357, 358, 432, 441, 442, 443, 444, 450, 451   657
OKATIE   328

DISTRICT TOTAL   1,724
PERCENT VARIATION   +0.174
DISTRICT 8
Area   Population
Jasper County
HARDEEVILLE 1
Tract 9503.00
Blocks: 226A, 226B, 227A, 231, 232, 233A, 233B, 233C, 234A, 234B, 235A, 237A, 239A, 240, 241, 242, 243A, 243B, 244, 245A, 245B, 246, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 257, 258, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 301A, 301B, 302, 303, 304, 305, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 333A, 333B, 333C, 340A, 341A, 341B, 342, 343, 344A, 344B, 345, 346, 414, 415, 416   1,759

DISTRICT TOTAL   1,759
PERCENT VARIATION   +2.208
DISTRICT 9
Area   Population
Jasper County
LEVY   1,652

DISTRICT TOTAL   1,652
PERCENT VARIATION   -4.009
(B)   The Division of Research and Statistics of the Budget and Control Board shall maintain an official map of the districts established in subsection (A) and shall, upon request, assist the local election officials and the district in implementing the provisions of this act.
SECTION   3.   The office of the Attorney General shall be responsible for the necessary preclearance submission to the U. S. Department of Justice to facilitate preclearance of this act to implement the elections in the General Election of 1998.
SECTION   4.   The provisions of this act do not affect any other provision of law relating to the election of members of the Jasper County Board of Education not inconsistent with the provisions of this act.
SECTION   5.   This act shall take effect upon approval by the Governor and, upon preclearance by Department of Justice, elections must be held in the General Election of 1998 for each of the nine districts established by this act./
Amend title to conform.

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 BILL

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

S. 276 -- Senators Leventis, Reese, McConnell, Glover, Ravenel, Rose, O'Dell, Courson, Russell, Giese, Hutto, Passailaigue and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.

AMENDED, READ THE SECOND TIME

H. 4591 -- Reps. Spearman, McAbee and Clyburn: A BILL TO AMEND ACT 1139 OF 1968, RELATING TO THE SCHOOL BOARD OF TRUSTEES IN SALUDA COUNTY, SO AS TO DELETE A PROVISION WHICH REQUIRES THE SCHOOL BUDGET AND TAX LEVY TO BE SUBJECT TO THE APPROVAL OF A MAJORITY OF THE COUNTY COMMISSIONERS RESIDING IN SCHOOL DISTRICT NO. 1.

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

Senator LANDER proposed the following amendment (JUD4591.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 24, in Section 3 of Act 1139, as contained in SECTION 1, by striking lines 24 through 32 and inserting therein the following:
/"The board of trustees shall annually establish a school budget for the district and determine the necessary tax millage to provide for such budget. The budget and tax levy shall be read three times and approved at three consecutive meetings of the board of trustees and the tax millage published in a newspaper of general circulation in the county at least thirty days prior to the third reading. The amount of the school budget and tax levy shall be subject to the approval of a majority of the county commissioners who reside in School District No. 1 governing body."/
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.

H. 4591--Ordered to a Third Reading

On motion of Senator LANDER, H. 4591 was ordered to receive a third reading on Wednesday, February 25, 1998.

ADOPTED

H. 4562 -- Rep. Sharpe: A CONCURRENT RESOLUTION DESIGNATING FEBRUARY, 1998, AS "PREVENT A LITTER MONTH" AND TUESDAY, FEBRUARY 24, 1998, AS "SPAY DAY USA 1998" IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.

ADOPTED

H. 4628 -- Reps. Meacham, Simrill, Moody-Lawrence, McCraw, Delleney and Kirsh: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 10, 1998, "YORK COUNTY DAY".
The Concurrent Resolution was adopted, ordered returned to the House.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION FOR SPECIAL ORDER TABLED

S. 469 -- Senators Cork, Ravenel, Rose, Mescher, Washington, Rankin, Patterson, McConnell, Passailaigue and Ford: A BILL TO AMEND SECTION 1-30-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES TRANSFERRED TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO GOVERNMENT RESTRUCTURING; TO AMEND SECTION 3-5-130, AS AMENDED, RELATING TO RESPONSIBILITIES OF THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 49-6-30, AS AMENDED, RELATING TO THE AQUATIC PLANT MANAGEMENT COUNCIL, ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND CHAPTER 39, TITLE 48, RELATING TO COASTAL TIDELANDS AND WETLANDS; TO AMEND SECTION 48-55-10, AS AMENDED, RELATING TO THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD; TO AMEND SECTION 50-17-390, AS AMENDED, RELATING TO JURISDICTION OVER NATURAL SHELLFISH DEPOSITS, ALL SO AS TO RECREATE THE SOUTH CAROLINA COASTAL COUNCIL AND TO TRANSFER ALL POWERS AND DUTIES FROM THE COASTAL DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE SOUTH CAROLINA COASTAL COUNCIL; AND PURSUANT TO CHAPTER 39, TITLE 48 TO REVISE THE APPOINTMENT PROCESS FOR MEMBERS OF THE COASTAL COUNCIL; TO CLARIFY ADVERTISEMENT PROCEDURES FOR PERMIT PUBLIC NOTICE; TO REQUIRE PERMIT APPLICANTS OF MARINA AND COMMERCIAL DOCK FACILITIES TO DEMONSTRATE A NEED FOR THE FACILITIES BEFORE THE APPLICATION IS CONSIDERED; TO REVISE PERMIT CONSIDERATIONS AFFECTING SHELLFISH AND MARINE LIFE AND WILDLIFE; AND TO REQUIRE THE COUNCIL TO HOLD A PUBLIC HEARING ON A PERMIT APPLICATION IF REQUESTED BY A MEMBER OF THE GENERAL ASSEMBLY.

Senator CORK moved that the Bill be made a Special Order.
Senator CORK explained the Bill.
Senator RYBERG argued contra to the motion.
Senator RYBERG moved to table the motion to make the Bill a Special Order.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 25; Nays 13

AYES

Alexander                 Anderson                  Bryan
Drummond                  Elliott                   Fair
Giese                     Gregory                   Grooms
Hayes                     Holland                   Jackson
Lander                    Leatherman                Martin
McGill                    Moore                     O'Dell
Rankin                    Ryberg                    Setzler
Short                     Smith, J. Verne           Thomas
Wilson                    

Total--25

NAYS

Branton                   Cork                      Ford
Glover                    Hutto                     Leventis
Matthews                  McConnell                 Mescher
Patterson                 Peeler                    Ravenel
Saleeby                   

Total--13

The motion to make the Bill, S. 469, a Special Order was laid on the table.

Expression of Personal Interest

Senator RAVENEL rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator GREGORY rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator DRUMMOND rose for an Expression of Personal Interest.

MOTION FOR SPECIAL ORDER TABLED

S. 63 -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND TO FURTHER PROVIDE THAT AN AREA IS DEEMED TO BE CONTIGUOUS IF IT IS INTERRUPTED BY PUBLIC MARSH LANDS OR WATERWAYS, SO LONG AS THE AREA INCLUDES HIGHLAND ON THE OTHER SIDE OF THE PUBLIC MARSH LAND OR WATERWAY, WHETHER OR NOT THE PUBLIC MARSH LAND OR WATERWAY IS AN ANNEXED PART OF ANOTHER MUNICIPALITY.

Senator McCONNELL moved that the Bill be made a Special Order.
Senator McCONNELL explained the Bill.
Senator LEATHERMAN argued contra to the motion.
Senator LEATHERMAN moved to table the motion to make the Bill a Special Order.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 23; Nays 17

AYES

Alexander                 Anderson                  Bryan
Drummond                  Fair                      Giese
Gregory                   Hayes                     Holland
Jackson                   Leatherman                Martin
McGill                    Moore                     O'Dell
Rankin                    Ryberg                    Setzler
Short                     Smith, J. Verne           Thomas
Waldrep                   Wilson                    

Total--23

NAYS

Branton                   Cork                      Elliott
Ford                      Glover                    Grooms
Hutto                     Land                      Leventis
Matthews                  McConnell                 Mescher
Patterson                 Peeler                    Ravenel
Reese                     Saleeby                   

Total--17

The motion to make the Bill, S. 63, a Special Order was laid on the table.

MOTION ADOPTED

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

MOTION ADOPTED

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Donald S. Russell of Spartanburg, beloved father of Senator JOHN RUSSELL, and former Governor of the State of South Carolina, former United States Senator, former United States District Court Judge, Judge of the United States Fourth Circuit Court of Appeals, and former President of the University of South Carolina.

ADJOURNMENT

At 1:13 P.M., on motion of Senator HAYES, the Senate adjourned to meet tomorrow at 10:00 A.M. for the exclusive purpose of reading any local Bills which have unanimous agreement of the affected delegation and the reading of any statewide legislation that has been ordered to a second or third reading by prior action of the Senate, and upon conclusion of this business, the Senate will stand adjourned to meet at 11:00 A.M. on Thursday, February 26, 1998.

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