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Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, for Valentine's Day, hear the words of St. Paul to the Corinthians (II Cor. 13:1)(NRSV):

"But strive for the greater gifts. And

I will show you a still more excellent

way."

"If I speak in the tongues of mortals

and of angels, but do not have love,

I am a noisy gong or a clanging cymbal

...And now faith, hope, and love

abide, these three; and the greatest of

these is love."
Let us pray.

Heavenly Father, in all the sorry paths that the human race chooses for survival, help us to choose the "excellent way."

Amen.

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

February 13, 1996
Elizabeth Johnson
Acting Chief, Voting Section
Civil Rights Division
Department of Justice
320 First Street N.W., Room 818A
Washington, D.C. 20001

Dear Ms. Johnson:

Due to the death of Senator Marshall B. Williams who represented District Forty and pursuant to the provisions of an order of the three-judge district court in the case of Statewide Reapportionment Advisory Committee v. Campbell filed August 24, 1994, Senate District Forty is submitted for preclearance under Section 5 of the Voting Rights Act because a special election must be held to fill the vacancy.

Pursuant to 28 C.F.R. Section 51.27, the following information is submitted:

(a) A copy of the court order embodying the change affecting voting. See Exhibit 1 (court order filed August 24, 1994) and Exhibit 2 (Letters from Lieutenant Governor Bob Peeler to Mr. James F. Hendrix, Executive Director of the State Election Commission; Mr. Earle Whalen, Director of Voter Registration and Elections, Orangeburg County; and Ms. Virginia Mills, Director of Voter Registration and Elections, Barnwell County; and Writ of Election calling for special election to fill Senate District Forty).

(b) A copy of the court order embodying the voting practice that is proposed to be changed. See Exhibit 3 (court order filed May 1, 1992, establishing court-drawn plan).

(c) If the change affecting voting is either not readily apparent on the face of the documents provided above, or is not embodied in a document, a clear statement of the change explaining the difference between the submitted change and the prior law or practice, or explanatory materials adequate to disclose to the Attorney General the difference between the prior law and the proposed situation with respect to voting. Senate District Forty is part of a plan drawn by the three-judge panel (see Exhibit 3) which was vacated by the Supreme Court, 113 S.Ct. 2954 (1993). The elections under the court-drawn plan were not invalidated by

(d) The name, title, address, and telephone number of the person making the submission.

The Honorable Donald H. Holland

Chairman, Senate Judiciary Committee and Senate Subcommittee on Reapportionment and Redistricting
ATTN: MARK PACKMAN

Dickstein, Shapiro, and Morin

2101 L. Street, N.W.

Washington, D.C. 20037-1526

Telephone: (202) 775-4723

Fax: (202) 833-4156

(e) The name of the submitting authority and the name of the jurisdiction responsible for the change, if different. On behalf of the Honorable John W. Drummond, President Pro Tempore of the Senate and as Chairman of the Senate Subcommittee on Reapportionment and Redistricting, I make this submission on the Senate's behalf in compliance with the three-judge court order filed August 24, 1994. See Exhibit 1.

(f) If the submission is not from a state or county, the name of the state and county in which the submitting authority is located. The State of South Carolina.

(g) Identification of the person or body responsible for making the change and the mode of decision. See Exhibit 1.

(h) A statement identifying the statutory or other authority under which the jurisdiction undertakes the change and a description of the procedures the jurisdiction was required to follow in deciding to undertake the change. On the three previous occasions when vacancies have occurred in the existing Senate Districts, preclearance has been sought for those districts pursuant to the court's order of August 24, 1994. See Exhibit 1 and explanation in item (c) above. This submission also is made in compliance with that order.

(j) The date on which the change is to take effect. The Writ of Election ordered the Orangeburg County Election Commission, the Barnwell County Election Commission, and the State Election Commission to hold a special election to fill the vacancy in Senate District Forty with a schedule set as provided by S.C. Code Ann. Section 7-13-190 (Supp. 1995). See Exhibit 2. In his letter to Mr. James F. Hendrix, Lieutenant Governor Bob Peeler specified that the following schedule would be used for the special election:

Filing opens. . . . .12:00 noon, Friday, January 12, 1996

Filing closes. . . . .12:00 noon, Monday, January 22, 1996

Primary Election Date. . . . .Tuesday, March 12, 1996

Primary Run-Off Election Date . . . . .Tuesday, March 26, 1996

Special Election Date. . . . .Tuesday, April 30, 1996

(k) A statement that the change has not yet been enforced or administered, or an explanation of why such statement cannot be made. I have advised Mr. James F. Hendrix, the Executive Director of the State Election Commission, that under the provisions of the August 24, 1994 court order the election should not take place until Senate District Forty receives preclearance by the Department of Justice. See Exhibit 4 (copy of letter to Mr. Hendrix).

(l) Where the change will affect less than the entire jurisdiction, an explanation of the scope of the change. Senate District Forty.

(m) A statement of the reasons for the change. See Exhibit 1.

(n) A statement of the anticipated effect of the change on members of racial or language minority groups. None.

(o) A statement identifying any past or pending litigation concerning the change or related voting practices. Currently, the South Carolina Senate is subject to a three-judge panel's jurisdiction in Smith v. Beasley, litigation with which the Department of Justice should be familiar and which is similar to that in the Shaw v. Reno, Hays v. Louisiana, and Miller v. Johnson cases. Senate District Forty is not one of the districts being contested in the Smith case.

(p) A statement that the prior practice has been precleared (with the date) or is not subject to preclearance and a statement that the procedure for the adoption of the change has been precleared (with the date) or is not subject to the preclearance requirement, or an

(q) For redistrictings, items listed in 28 C.F.R. Section 51.28(a)(1) and (b)(1) must be included. See references below submitted pursuant to 28 C.F.R. Section 51.28.

(r) Other information that the Attorney General determines is required for an evaluation of the purpose or effect of the change. Because this item indicates that the items listed in 28 C.F.R. Section 51.28 would most likely be needed for consideration in the submissions of redistrictings and that in the interest of time such information should be furnished with the initial submission, please see the information listed below.

Pursuant to 28 C.F.R. Section 51.28, the following supplemental information is provided in connection with this submission:

(a) Demographic information. See Exhibit 5.

(b) Maps. See Exhibit 6.

(c) Annexations. Not applicable.

(d) Election returns: Where a change may affect the electoral influence of a racial or minority language group, returns of primary and general elections conducted by or in the jurisdiction may be included in the submission:

(1) Name of each candidate.

(2) Race or language group of each candidate, if known.

(3) Position sought by each candidate.

(4) Number of votes received by each candidate, by voting precinct.

(5) Outcome of each contest.

(6) Number of registered voters, by race and language group, for each voting precinct for which election returns are furnished. Information with respect to elections held during the last ten years will normally be sufficient.

(7) Election related data containing any of the information described above shall conform to the requirements set out for disks and tapes. Election related data that cannot be accurately presented in terms of census blocks may be identified by county and by precinct.

Not applicable.

(e) Language usage. Not applicable.

(f) Publicity and participation: For submissions involving controversial or potentially controversial changes, evidence of public notice, of the opportunity for the public to be heard, of the

(1) Copies of newspaper articles discussing the proposed change. Not applicable.

(2) Copies of public notices that describe the proposed change and invite public comment or participation in hearings and statements regarding where such public notices appeared (e.g., newspaper, radio, or television, posted in public buildings, sent to identified individuals or groups). Not applicable.

(3) Minutes or accounts of public hearings concerning the proposed change. Not applicable.

(4) Statements, speeches, and other public communications concerning the proposed change. Not applicable.

(5) Copies of comments from the general public. Not applicable.

(6) Excerpts from legislative journals containing discussion of a submitted enactment, or other materials revealing its legislative purpose. Not applicable.

(g) Availability of the submission:

(1) Copies of public notices that announce the submission to the Attorney General, inform the public that a complete duplicate copy of the submission is available for public inspection (e.g., at the county courthouse) and invite comments for the consideration of the Attorney General and statements regarding where such public notices appeared. See Exhibit 7.

(2) Information demonstrating that the submitting authority, where a submission contains magnetic media, made the disks or tapes available to be copied, or, if so requested, made a hard copy of the data contained on the disk or tape available to be copied. See Exhibit 7.

(h) Minority group contacts: For submissions from jurisdictions having a significant minority population, the names, addresses, telephone numbers, and organizational affiliation (if any) of racial or language minority group members residing in the jurisdiction who can be expected to be familiar with the proposed change or who have been active in the political process. See Exhibit 8.

Respectfully submitted,
Donald H. Holland

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

Document No. 1907
Promulgated by Department of Labor, Licensing, and Regulation - State Athletic Commission
Combative Sports
Received by Lt. Governor February 1, 1996
Referred to Senate General Committee
120 day review expiration date May 31, 1996

Senator GIESE introduced Dr. Pierre G. Jaffe of Columbia, S.C., Doctor of the Day.

On motion of Senator PEELER, at 11:00 A.M., Senator LEATHERMAN was granted a leave of absence for today.

Columbia, S.C., February 13, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., February 13, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Simrill, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

H. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF UNITED STATES HIGHWAY 123 IN GREENVILLE COUNTY FROM THE GREENVILLE COUNTY LINE CONTINUING TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.

There was no objection.

H. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF UNITED STATES HIGHWAY 123 IN GREENVILLE COUNTY FROM THE GREENVILLE COUNTY LINE CONTINUING TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.

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

S. 1119 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1995-96 SCHOOL YEAR, THE SCHOOL DISTRICT OF OCONEE COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM SNOW OR ICE OR OTHER EXTREME WEATHER CONDITIONS.

Senator ALEXANDER asked unanimous consent to make a motion to recall the Resolution from the Oconee County Delegation.

There was no objection.

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

The Resolution was read the second time and ordered placed on the third reading Calendar.

On motion of Senator ALEXANDER, S. 1119 was ordered to receive a third reading on Thursday, February 15, 1996.

The following were introduced:

S. 1135 -- Senator Reese: A BILL TO AMEND SECTION 59-67-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENT OF TRANSPORTATION PROVIDED TO CHILDREN

Read the first time and referred to the Committee on Education.

S. 1136 -- Senators Washington, Reese, Ford, Short, Matthews, Patterson, McGill, Glover, Jackson, Moore and Holland: 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 PHASE IN OVER THREE FISCAL YEARS AN EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD, AND TO PROVIDE FOR THE APPLICATION OF THE LOCAL SALES AND USE TAX ON SALES AND CONSUMPTION OF THESE FOOD ITEMS THROUGH JUNE 30, 1999, AFTER WHICH THESE ITEMS ARE WHOLLY EXEMPT FROM THE STATE AND LOCAL SALES AND USE TAX.

Read the first time and referred to the Committee on Finance.

S. 1137 -- Senator Ford: A BILL TO AMEND TITLE 2 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING CHAPTER FIFTY-EIGHT, SO AS TO CREATE A JOINT LEGISLATIVE STUDY COMMITTEE ON CIVIL RIGHTS.

Read the first time and referred to the Committee on Judiciary.

S. 1138 -- Senator Jackson: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 SO AS TO ENACT THE CRIMINALLY INSANE DEFENDANT ACT TO PROVIDE PROCEDURAL SAFEGUARDS IN THE PROSECUTION OF THESE DEFENDANTS, AND TO REQUIRE ADEQUATE CARE AND INDIVIDUALIZED TREATMENT FOR THESE DEFENDANTS.

Read the first time and referred to the Committee on Judiciary.

S. 1139 -- Senator Peeler: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO

Read the first time and referred to the Committee on Judiciary.

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