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, hear the words recorded by the Apostle John in his Gospel, Chapter 11 (vv.9-10):
"Jesus answered, 'Are there not twelve hours
of daylight? Those who walk during the day
do not stumble, because they see the light of
this world. But those who walk at night stumble,
because the light is not in them'."
Let us pray.
Father, we never cease to be amazed at the provisions You make for the physical and spiritual needs of mankind. We only need to use aright the gifts of Your Providence!
We stand in awe of Your power that keeps the planets suspended and speeding through the tracks of space.
Yet, how wonderful it is to know that You are sensitive to the faint whispers of the hopes and needs of the human heart.
Even as we pray for wisdom to make good choices today, we begin our day by praising Him Who is the Light of this world, and our salvation, even Jesus Christ our Lord.
Amen!
Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator McCONNELL moved that a Call of the Senate be made. The following Senators answered the call:
Alexander Anderson Bryan Cork Courtney Drummond Giese Glover Hayes Holland Hutto Jackson Land Lander Leatherman Martin Matthews McConnell McGill Mescher O'Dell Passailaigue Peeler Ravenel Rose Ryberg Setzler J. Verne Smith Thomas Washington Williams Wilson
A quorum being present, the Senate resumed.
Senators PATTERSON, COURSON, McGILL, FAIR, RANKIN, GREGORY, WALDREP, FORD, LEVENTIS, REESE, SHORT and ELLIOTT recorded their presence subsequent to the Call of the Senate.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 14, 1997
Elizabeth Johnson
Chief, Voting Section
Civil Rights Division
Department of Justice
320 First Street N.W., Room 818A
Washington, D.C. 20001
Dear Ms. Johnson:
The Senate districts modified by Section 4 of H. 3002 of 1997 pursuant to the provisions of an order of the three-judge court in the case of Smith v. Beasley, Civil Action No. 3:95-3235-0, filed September 27, 1996, are submitted along with the special election schedule for those districts (found in Section 6 of H. 3002) for preclearance under Section 5 of the Voting Rights Act. Expedited consideration is respectfully requested.
Pursuant to 28 C.F.R. Section 51.27, the following information is submitted:
(a) A copy of the enactment embodying the change affecting voting. See Exhibit 1 (certified copy of H. 3002).
(b) A copy of the court order requiring the voting practice to be changed. See Exhibit 2 (court order in the case of Smith v. Beasley, Civil Action No. 3:95-3235-0, filed September 27, 1996).
(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 Districts Twenty-Nine, Thirty-Four, and Thirty-Seven, as enacted and precleared in Act No. 49 of 1995, codified at S.C. Code Ann. Section 2-1-65 (Supp. 1996) (see Exhibit 3), were challenged in Smith v. Beasley (see Exhibit 2). The three-judge panel in that case found the districts to be unconstitutional and ordered that they be redrawn, precleared, and approved by the court by April 1, 1997. This submission is made in compliance with the court order and federal law.
(d) The name, title, address, and telephone number of the person making the submission. Section 7 of H. 3002 provides that upon the effective date of the 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 Senate Districts set forth in Section 4 of the act. The address of the President Pro Tempore is:
The Honorable John W. Drummond
President Pro Tempore of the South Carolina Senate
ATTN: MARK PACKMAN
Dickstein, Shapiro, Morin, and Oshinsky, LLP
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. The State of South Carolina is the submitting authority and the jurisdiction responsible for the change. The official of the submitting authority who is responsible for making the submission is the President Pro Tempore of the Senate, listed in (d) above.
(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. Not applicable.
(g) Identification of the person or body responsible for making the change and the mode of decision. This change has been enacted in H. 3002, a bill passed by the South Carolina General Assembly on February 11, 1997, bearing Ratification No. 2, signed by the Governor on February 12, 1997. 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. The enactment and submission are made in compliance with the court order in the case of Smith v. Beasley, Civil Action No. 3:95-3235-0, filed September 27, 1996. See Exhibit 2.
(i) The date of adoption of the change affecting voting. See Exhibit 1.
(j) The date on which the change is to take effect. Sections 3, 5, and 6 of H. 3002 (see Exhibit 1) provide that the following schedule would be used for the special election:
Filing for candidates 12:00 noon, Monday, June 2, 1997 seeking nomination by through 12:00 noon, Monday, June
political party 16, 1997
Filing notice of candidacy 12:00 noon, Monday, June 16, 1997
and pledge
Certification of candidates' 12:00 noon, Wednesday, June 18, 1997
names to be placed on
political parties' primary
ballots
Primary Election Date Tuesday, August 12, 1997
Primary Run-Off Tuesday, August 26, 1997
Election Date
Filing by candidates 12:00 noon, Tuesday, September 9, seeking nomination by 1997
petition
Political parties' 12:00 noon, Thursday, September 11,
certification of 1997
nominees' names to be
placed on special election
ballots
Special Election Date Tuesday, November 4, 1997
(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 court order the election should not take place and the election schedule should not be implemented until the modified Senate districts and the election schedule receive preclearance by the Department of Justice. See Exhibit 4.
(l) Where the change will affect less than the entire jurisdiction, an explanation of the scope of the change. Senate Districts Twenty-Eight, Twenty-Nine, Thirty-One, Thirty-Four, Thirty-Seven, Thirty-Eight, and Forty-Four.
(m) A statement of the reasons for the change. See Exhibit 5.
(n) A statement of the anticipated effect of the change on members of racial or language minority groups. See Exhibit 5.
(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 and must submit precleared districts to that court by April 1, 1997.
(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 explanation of why such statements cannot be made. The prior practice is the election under Act No. 49 of 1995 (S. 9, Ratification No. 67) which was precleared on May 30, 1995. See Exhibit 6.
(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 7.
(b) Maps. See Exhibit 8.
(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.
See Exhibit 9.
(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 opportunity for interested parties to participate in the decision to adopt the proposed change, and an account of the extent to which such participation, especially by minority group members, in fact took place. Examples of materials demonstrating public notice or participation include:
(1) Copies of newspaper articles discussing the proposed change. See Exhibit 10.
(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). See Exhibit 11.
(3) Minutes or accounts of public hearings concerning the proposed change. See Exhibit 12.
(4) Statements, speeches, and other public communications concerning the proposed change. See Exhibits 13 and 14.
(5) Copies of comments from the general public. See Exhibits 15 and 16.
(6) Excerpts from legislative journals containing discussion of a submitted enactment, or other materials revealing its legislative purpose. See Exhibits 17 and 18.
(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 19.
(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 19.
(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 20.
The Senate believes this to be a valid and complete submission and implores the Justice Department to receive it and review it on that basis and respectfully requests that it be given expedited consideration.
Respectfully submitted,
/s/John W. Drummond
Senator GIESE introduced Dr. Tucker Weston of Columbia, S.C., Doctor of the Day.
Senator LEATHERMAN introduced Dr. Stephen Imbeau of Florence, S.C., Doctor of the Day.
Senator THOMAS rose for an Expression of Personal Interest.
Senator J. VERNE SMITH was recognized to address brief remarks to the body.
Senator PASSAILAIGUE was recognized to address brief remarks to the body.
Senator COURSON was recognized to address brief remarks to the body.
Senator McCONNELL was recognized to address brief remarks to the body.
Senator PATTERSON was recognized to address brief remarks to the body.
Senator SETZLER was recognized to address brief remarks to the body.
Senator LEVENTIS was recognized to address brief remarks to the body.
Let me change gears just one more time and then, I think, the President Pro Tempore has indicated that we will be done.
Folks have mentioned I have on a patriotic tie this morning and I do. And the reason I was late is because I went by McEntire Air National Guard Base this morning--a place that I have served for over twenty years --a place that I love--to watch my friends, men and women of the South Carolina Air National Guard, leave for the Persian Gulf to carry out the foreign policy and the defense policy of this nation. I want to be sure we remember that we have Army National Guardsmen from South Carolina, and Air National Guardsmen from South Carolina in Europe as we speak. They are in the snow and in the muck. We have Air National Guardsmen who now probably are several hundred miles off the coast of North Carolina in route to somewhere in Southwest Asia. They will fly for 14 hours. That's a long time to drive.
But, it's not a solemn occasion, because as those men left this morning, they were enthusiastic about meeting their responsibilities and their obligations. So, I just wanted to get up for a moment and ask you to include the men and women of the South Carolina Army Guard and Air Guard in your prayers now and in the months to come. And I ask you to remember that, in this new day in America, the citizen soldier is a key element. Senator LANDER is one, Senator WILSON, Senator HAYES, and others--members of our Reserves and those who have served before in the Reserves. It's important to America. America can't do without them now. Representative Harrison has been called up several times. The job he does in the National Guard--there are no active duty Army members in the United States who do that job. Whenever the Army needs somebody to do that job, they have to call up a Reservist.
I do have a feeling of concern - you always do when your friends go into what could be harm's way. But, as I say, they went with enthusiasm. One of my friend's wife told me he was in the marine mode--his hair cut back and headed east. He's enthusiastic about what he's doing, and he's going to do a good job of it.
But as we close today, we have discussed significant problems here and concerns that face us all. Senator SETZLER, I just want to renew your enthusiasm and spirit for our citizen soldiers that take their responsibilities each and every day on behalf of all of us. And to ask you all to keep them in your prayers, to understand that the people of this country are ready to meet their obligations, whatever they are, with pride and enthusiasm.
I'm proud to be an American and that's why I have on this tie today. The men and women of the National Guard of South Carolina are what makes America great and strong.
On motion of Senator DRUMMOND, with unanimous consent, ordered printed in the Journal.
On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed pursuant to the provisions of Rule 1(b), that the Senate convene at 11:00 A.M. on Tuesday, February 25, 1997, at 11:00 A.M. on Wednesday, February 26, 1997, and 11:00 A.M. on Thursday, February 27, 1997, for the exclusive purpose of the referral of Bills, receipt of Communications and Committee Reports and the reading and passage of local legislation to which all members of an affected delegation have given their consent for the Bill to be taken up, and to adjourn immediately thereafter.
Senator HOLLAND reminded the members of the Joint Assembly which has been scheduled for Wednesday, February 26, 1997, at 12:00 Noon, and requested the Senate's presence at that Joint Assembly.
The following were introduced:
S. 387 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3495 SO AS TO PROVIDE A CREDIT AGAINST THE CORPORATE INCOME TAX FOR A PORTION OF THE DIRECT PAYROLL EXPENDITURE OF A MANUFACTURER FOR HIRING A STUDENT IN A PUBLIC SECONDARY EDUCATION "SCHOOL TO WORK" PROGRAM.
Read the first time and referred to the Committee on Finance.
S. 388 -- Senator Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-237 SO AS TO ESTABLISH LIMITS ON BLACK BASS TAKEN FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER; AND BY AMENDING SECTION 50-13-210 OF THE 1976 CODE, RELATING TO DAILY CREEL LIMITS ON FISH, SO AS TO CONFORM IT WITH LIMITS ON BLACK BASS FROM LAKES MARION AND MOULTRIE AND IN CERTAIN PORTIONS OF THE SANTEE RIVER.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 389 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-45 SO AS TO PROVIDE THAT EMPLOYEES OF THE DEPARTMENT OF PUBLIC SAFETY PROVIDING SERVICES TO THE DEPARTMENT OF JUVENILE JUSTICE MUST BE COMMISSIONED AS STATE CONSTABLES; TO AMEND SECTIONS 1-30-90 AND 23-6-20, BOTH AS AMENDED, AND BOTH RELATING TO THE AUTHORITY OF THE DEPARTMENT OF PUBLIC SAFETY SO AS TO TRANSFER TO THE DEPARTMENT OF PUBLIC SAFETY, THE DEPARTMENT OF JUVENILE JUSTICE, DIVISION OF PUBLIC SAFETY; TO AMEND SECTION 20-7-6860 RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE CORRECTIONAL AND PUBLIC SAFETY OFFICERS SO AS TO PROVIDE THAT THESE PUBLIC SAFETY EMPLOYEES ARE EMPLOYEES OF THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE TRANSITION PROVISIONS FOR THE TRANSFER.
Read the first time and referred to the Committee on Judiciary.
S. 390 -- Senator Ford: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, SO AS TO ENACT THE "SOUTH CAROLINA HERITAGE ACT OF 1997" TO PROVIDE FOR PERMANENT PLACEMENT OF THE CONFEDERATE BATTLE FLAG AND OTHER APPROPRIATE FLAGS; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF THE STATE FLAG, SO AS TO PROVIDE FOR THE DISPLAY OF OTHER FLAGS; AND TO AMEND SECTION 53-5-10, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT MARTIN LUTHER KING'S BIRTHDAY AND CONFEDERATE MEMORIAL DAY SHALL BE REGULAR RATHER THAN OPTIONAL HOLIDAYS AND TO DELETE ALL REFERENCES TO OPTIONAL HOLIDAYS.
Read the first time and referred to the Committee on Judiciary.
S. 391 -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-35 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE COMMISSION OF AN AUTOMOBILE SALESMAN ON A FULL OR PARTIAL COMMISSION BASIS IS DETERMINED WHEN THE SALESMAN HAS SOLD A PRIVATE PASSENGER AUTOMOBILE, VAN, OR TRUCK.
Read the first time and referred to the Committee on Transportation.
S. 392 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-55, SO AS TO PROVIDE THAT IN CASES WHERE A PERSON RECEIVES SUFFICIENT WRITE-IN VOTES TO WIN AN ELECTION IN CONTRAVENTION OF THE CODE, THE CANDIDATE RECEIVING THE NEXT HIGHEST NUMBER OF VOTES MUST BE DECLARED THE WINNER; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO REQUIRE A CANDIDATE TO AFFIRM THAT, AS PART OF THE PLEDGE, IF THE CANDIDATE IS DEFEATED IN A PRIMARY OR ENSUING RUN-OFF, THAT CANDIDATE IS NOT ELIGIBLE TO SERVE IN THAT OFFICE AS THE RESULT OF WRITE-IN VOTES; TO AMEND SECTION 7-13-360, RELATING TO THE PLACE ON A BALLOT FOR WRITE-IN NAMES, SO AS TO PROVIDE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES, AND TO FURTHER REQUIRE THAT THE STATE ELECTION COMMISSION PRINT AND DISTRIBUTE NOTICES CONTAINING THIS INFORMATION TO BE DISPLAYED IN EACH POLLING PRECINCT ON ELECTION DAY; TO AMEND SECTION 7-13-1380, RELATING TO WRITE-IN VOTES, SO AS TO PROVIDE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES, AND TO FURTHER REQUIRE THAT THE STATE ELECTION COMMISSION PRINT AND DISTRIBUTE NOTICES CONTAINING THIS INFORMATION TO BE DISPLAYED IN EACH POLLING PRECINCT ON ELECTION DAY; TO AMEND SECTION 7-13-1850, RELATING TO WRITE-IN BALLOTS, SO AS TO PROVIDE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES; TO AMEND SECTION 7-15-200, RELATING TO THE FURNISHING OF ELECTION MATERIALS TO PERSONS REQUESTING ABSENTEE BALLOTS, SO AS TO PROVIDE THAT THE INSTRUCTIONS MUST INCLUDE A STATEMENT THAT NO PERSON DEFEATED IN A PRIMARY OR ENSUING RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES; AND TO AMEND SECTION 7-15-400, RELATING TO SPECIAL WRITE-IN ABSENTEE BALLOTS, SO AS TO PROVIDE THAT THESE BALLOTS BE ACCOMPANIED BY INSTRUCTIONS WHICH STATE THAT NO PERSON DEFEATED IN A PRIMARY OR RUN-OFF IS ELIGIBLE TO SERVE IN THAT OFFICE AS A RESULT OF WRITE-IN VOTES.
Read the first time and ordered placed on the Calendar without reference.
S. 393 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MARY ETHEL "GRANDMA" HAIGLER OF CHARLOTTE AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 394 -- Senator Washington and Cork: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND JAMES W. RICHARDSON FOR HIS DEDICATION AND SERVICE TO THE CITY OF BEAUFORT.
The Senate Resolution was adopted.
On motion of Senators SETZLER, PEELER, LANDER and SHORT, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Eugene Smith Toney of Union, S.C., beloved father of Jane Fallaw, Administrative Assistant to the Senate Education Committee.
At 1:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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