SENATE JOURNAL for Apr. 12, 2000 - South Carolina Legislature Online

South Carolina General Assembly
113th Session, 1999-2000
Journal of the Senate

Wednesday, April 12, 2000
(Statewide Session)

~~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, the people in Corinth had some controversies, and St. Paul wrote a letter (I Cor. 12-13, NRSV) saying:

"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 if I have prophetic powers, and understand all mysteries and all knowledge, and if I have all faith so as to remove mountains, but do not have love, I am nothing. If I give away all my possessions, and if I hand over my body so that I may boast, but do not have love, I am nothing.

Love is patient, love is kind, love is not envious or boastful or arrogant or rude... It is not irritable or resentful; it does not rejoice in wrongdoing, but rejoices in the truth. It bears all things, believes all things, hopes all things, endures all things. Love never ends...'

And now faith, hope and love abide, these three; and the greatest of these is love."
Let us pray.

Heavenly Father, so let it be!

Lead kindly Light!

Let love and respect prevail!
Amen.

Call of the Senate

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

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Drummond
Elliott                   Fair                      Giese
Glover                    Grooms                    Hayes
Holland                   Hutto                     Jackson
Land                      Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
Passailaigue              Patterson                 Peeler
Ravenel                   Richardson                Russell
Ryberg                    Setzler                   Short
Smith, J. Verne           Thomas                    Waldrep
Washington                Wilson

A quorum being present, the Senate resumed.

Recorded Presence

Senators COURSON, FORD, GREGORY, RANKIN and REESE recorded their presence subsequent to the Call of the Senate.

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 James H. Hodges:

Statewide Appointments

Initial Appointment, South Carolina Board of Directors for Review of Foster Care of Children, with term to commence June 30, 1997, and to expire June 30, 2001:

2nd Congressional District:

Louise A. McFarland, 6362 Goldbranch Road, Columbia, S.C. 29206 VICE Cecilia Aversa

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Mental Health Commission, with term to commence March 21, 1997, and to expire March 21, 2002:

4th Congressional District:

C. Diane Smock, 21 Pinckney Street, Greenville, S.C. 29601 VICE Lisa H. Stevens

Referred to the Committee on Medical Affairs.

Local Appointments

Initial Appointment, Florence County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2004:

Bobby S. Belin, 548 Ashley Road, Johnsonville, S.C. 29555 VICE Corin Jones

Initial Appointment, Florence County Judge of Probate, with term to commence June 30, 1998, and to expire June 30, 2002:

Kenneth Eaton, Jr., 2320 Timberland Drive, Florence, S.C. 29506 VICE Patsy S. Stone

Doctor of the Day

Senator GIESE introduced Dr. M. F. McFarland of Columbia, S.C., Doctor of the Day.

Leave of Absence

At 11:15 A.M., Senator RUSSELL requested a leave of absence beginning at 3:00 P.M. and lasting until Saturday, April 15, 2000.

Leave of Absence

On motion of Senator SHORT, at 3:00 P.M., Senator SALEEBY was granted a leave of absence until 12:00 Noon on Tuesday, April 18, 2000.

RECALLED

S. 169 (Word version) -- Senator Washington: A BILL TO AMEND SECTIONS 6-1-530 AND 6-1-730 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF REVENUE FROM LOCAL HOSPITALITY AND ACCOMMODATIONS TAXES, SO AS TO ELIMINATE THE REQUIREMENT THAT NINE HUNDRED THOUSAND DOLLARS IN STATE ACCOMMODATIONS TAXES MUST BE COLLECTED IN A COUNTY BEFORE REVENUE GENERATED BY A LOCAL ACCOMMODATIONS TAX OR LOCAL HOSPITALITY TAX MAY BE USED TO PROVIDE POLICE AND FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND EMERGENCY PREPAREDNESS OPERATIONS.

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

There was no objection.

The Bill was recalled, ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1326 (Word version) -- Senators Fair and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3525 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO PUBLIC SCHOOLS FOR SCHOOL SUPPORT AND TO NONPROFIT SCHOLARSHIP FUNDING ORGANIZATIONS THAT PROVIDE SCHOLARSHIPS FOR CHILDREN TO ATTEND A SCHOOL OF THEIR CHOICE.
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Read the first time and referred to the Committee on Finance.

S. 1327 (Word version) -- Senators Wilson, Gregory, Hayes, Russell, Grooms, Fair, Richardson, Leatherman, McConnell, Peeler, Courson, Giese, Mescher, Ravenel, Martin, Thomas, Bauer, Branton, Alexander, Ryberg and Waldrep: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JOBS TAX CREDIT, SO AS TO INCLUDE AND DEFINE A "TECHNOLOGY INTENSIVE FACILITY" AS A QUALIFYING FACILITY; TO ADD SECTION 12-6-3415 SO AS TO PROVIDE AN INCOME TAX CREDIT FOR RESEARCH AND DEVELOPMENT EXPENDITURES; TO AMEND SECTION 12-10-20, AS AMENDED, RELATING TO LEGISLATIVE INTENT FOR THE ENTERPRISE ZONE ACT OF 1995, SO AS TO INCLUDE TECHNOLOGY INTENSIVE FACILITIES; TO AMEND SECTION 12-10-30, AS AMENDED, RELATING TO DEFINITIONS FOR THE ENTERPRISE ZONE ACT, SO AS TO DEFINE "TECHNOLOGY EMPLOYEE"; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO A JOB DEVELOPMENT CREDIT UNDER THE ENTERPRISE ZONE ACT, SO AS TO INCLUDE EMPLOYEE RELOCATION EXPENSES ASSOCIATED WITH NEW OR EXPANDED TECHNOLOGY INTENSIVE FACILITIES AND RETRAINING EXPENSES FOR TECHNOLOGY EMPLOYEES; TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO MAXIMUM SALES AND USE TAX, SO AS TO DELETE THE CAP ON TAX FOR THE SALE OR USE OF MACHINERY FOR RESEARCH OR DEVELOPMENT; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM THE SALES TAX AND PROPERTY TAX MACHINES USED DIRECTLY AND PRIMARILY FOR RESEARCH AND DEVELOPMENT.
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Read the first time and referred to the Committee on Finance.

S. 1328 (Word version) -- Senator Moore: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO DELETE THE ROLLBACK TAX AND TO IMPOSE A CHANGE OF USE PENALTY IN THE AMOUNT OF TWENTY-FIVE DOLLARS WHEN REAL PROPERTY IS CHANGED FROM AGRICULTURAL USE.
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Read the first time and referred to the Committee on Finance.

S. 1329 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-740 SO AS TO ESTABLISH SOUTH CAROLINA YOUTH HUNTING DAYS FOR CERTAIN GAME SPECIES AND TO SPECIFY REQUIREMENTS AND RESTRICTIONS FOR PARTICIPATION.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1330 (Word version) -- Senators Mescher, Grooms, Ravenel and Anderson: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL MATTERS OF THE STATE PORTS AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY SHALL NOT ENTER INTO ANY CONTRACTS OR OTHER PROCUREMENTS THAT ARE IN EXCESS OF FIVE MILLION DOLLARS OR PERMIT APPLICATIONS WITHOUT AUTHORIZATION OF THE GENERAL ASSEMBLY AND IF THE GENERAL ASSEMBLY IS ADJOURNED, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE HOUSE WAYS AND MEANS COMMITTEE MUST APPROVE THE EXPENDITURE.
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Senator MESCHER spoke on the Bill.

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

S. 1331 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
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Read the first time and, on motion of Senator WALDREP, with unanimous consent, ordered placed on the Calendar without reference.

S. 1332 (Word version) -- Senators Ryberg and Wilson: A BILL TO AMEND SECTION 59-111-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION NOT REQUIRED FROM CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND CERTAIN OTHER PUBLIC EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO EXTEND THIS PROVISION TO CHILDREN OF STATE EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY ON OR AFTER JULY 1, 1996; AND BY ADDING SECTION 59-111-145 TO DEFINE "STATE EMPLOYEE" FOR PURPOSES OF SECTION 59-111-110 AS A PERSON WHO IS REQUIRED TO PARTICIPATE IN THE STATE RETIREMENT SYSTEM.
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Senator RYBERG spoke on the Bill.

Read the first time and, on motion of Senator RYBERG, with unanimous consent, ordered placed on the Calendar without reference.

H. 4897 (Word version) -- Reps. Knotts, Koon, Frye, Gamble, Huggins, Riser and Stuart: A CONCURRENT RESOLUTION SALUTING WAYNE WILSON OF LEXINGTON COUNTY FOR HIS TWENTY YEARS OF OUTSTANDING, DEDICATED SERVICE AS POLICE CHIEF OF THE TOWN OF SOUTH CONGAREE.

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

REPORTS OF STANDING COMMITTEES

Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 906 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 57, TITLE 48, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO. ENVIRONMENTAL AUDIT PRIVILEGE AND VOLUNTARY DISCLOSURE, SO AS TO FURTHER DEFINE MATERIALS AND DOCUMENTS OF AN ENVIRONMENTAL AUDIT REPORT WHICH ARE PRIVILEGED IN A CIVIL OR ADMINISTRATIVE PENALTY ACTION, TO PROVIDE THAT THIS PRIVILEGE DOES NOT APPLY TO CRIMINAL INVESTIGATIVE PROCEEDINGS, AND TO FURTHER DEFINE THE PROCESS BY WHICH THIS PRIVILEGE MAY BE ASSERTED.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 958 (Word version) -- Senators Giese and Hayes: A BILL TO AMEND SECTION 40-43-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, DUTIES OF THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THE BOARD'S AUTHORITY TO ISSUE PERMITS TO FACILITIES EXTENDS TO THOSE FACILITIES WHICH POSSESS DRUGS; TO ADD SECTION 40-43-70 SO AS TO PROVIDE THAT PHARMACISTS CERTIFIED TO ADMINISTER INJECTIONS MAY DO SO PURSUANT TO STATE OR FEDERAL HEALTH AGENCY PROTOCOL; TO AMEND SECTION 40-43-80, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE AS A PHARMACIST, SO AS TO CONFORM TO NATIONAL STANDARDS BY ELIMINATING A MINIMUM EXAMINATION SCORE AND CHANGING THE REQUIRED EXAMINATIONS; TO AMEND SECTION 40-43-81 RELATING TO REQUIREMENTS FOR PHARMACIST LICENSE TRANSFER FROM ANOTHER STATE, SO AS TO CONFORM TO NATIONAL STANDARDS BY CHANGING THE REQUIRED EXAMINATION AND REQUIRING AN INTERVIEW WITH THE BOARD; TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO, AMONG OTHER THINGS, UNLAWFUL CONDUCT FOR PHARMACISTS, SO AS TO ESTABLISH A CRIMINAL PENALTY FOR POSSESSING, DISPENSING, OR DISTRIBUTING PRESCRIPTION DRUGS OR DEVICES EXCEPT ON A PRESCRIPTION OF A LICENSED PRACTITIONER; TO AMEND SECTION 40-43-130 RELATING TO CONTINUING EDUCATION FOR PHARMACISTS, SO AS TO REQUIRE A STATEMENT CERTIFYING COMPLETION OF CONTINUING EDUCATION AT THE TIME OF LICENSE RENEWAL, TO REQUIRE THE BOARD TO RANDOMLY AUDIT LICENSEES, AND TO REVISE DOCUMENTATION REQUIRED FOR A POST GRADUATE STUDY WAIVER FROM CONTINUING EDUCATION; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO INVESTIGATIONS, HEARINGS, AND DISCIPLINARY ACTIONS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE; AND TO REPEAL SECTION 40-43-100 RELATING TO THE FREQUENCY FOR GIVING THE PHARMACIST LICENSURE EXAMINATION.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:

S. 959 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 44-53-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO INCLUDE "BUTORPHANOL" AS A SCHEDULE IV CONTROLLED SUBSTANCE; TO AMEND SECTION 44-53-360 RELATING TO PRESCRIPTIONS FOR CONTROLLED SUBSTANCES, SO AS TO REVISE REFERENCES, DELETE CERTAIN PROVISIONS CONCERNING LABELING OF THESE PRESCRIPTION DRUGS, AND TO INCREASE THE MAXIMUM DOSAGE UNITS THAT MAY BE PRESCRIBED; TO AMEND SECTION 44-53-710, AS AMENDED, RELATING TO STATE AGENCIES HAVING CONTROL OVER METHADONE, SO AS TO REMOVE SUCH CONTROL FROM STATE AGENCIES AND PLACE THE CONTROL EXCLUSIVELY WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 44-53-720 RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM THIS SECTION TO PROVISIONS GIVING EXCLUSIVE CONTROL TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO AUTHORIZE DISPENSING METHADONE BY A RETAIL PHARMACY FOR ANALGESIA; AND TO AMEND SECTION 44-53-730 RELATING TO RESTRICTIONS ON THE SALE AND DISTRIBUTION OF METHADONE, AND SECTION 44-53-740, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PROMULGATING REGULATIONS RELATING TO METHADONE AND OTHER CONTROLLED SUBSTANCES, BOTH SO AS TO CONFORM THESE SECTIONS TO PROVISIONS GIVING EXCLUSIVE CONTROL OF METHADONE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs submitted a favorable report on:

H. 3186 (Word version) -- Reps. Harrell and Knotts: A BILL TO AMEND SECTION 40-47-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECIPROCAL CERTIFICATION OF PHYSICIANS BY THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ALLOW RECIPROCAL CERTIFICATION OF PHYSICIANS LICENSED BY THE MEDICAL COUNCIL OF CANADA.

Ordered for consideration tomorrow.

S. 226--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, 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 PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.

On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator McCONNELL spoke on the report.

On motion of Senator McCONNELL, the Report of the Committee of Conference to S. 226 was adopted as follows:

S. 226--Conference Report
The General Assembly, Columbia, S.C., April 4, 2000

S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A proposed the following amendment PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.:

Beg leave to report that they have duly and carefully considered the same and recommend:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 5-1-30 of the 1976 Code is amended to read: "Section 5-1-30. (A) Before issuing a corporate certificate to a proposed municipality, the Secretary of State shall first determine:

(1) that the area seeking to be incorporated has a population density of at least three hundred persons a square mile according to the latest official United States Census;

(2) that no part of the area is within five miles of the boundary of an active incorporated municipality; ~~and~~

(3) that an approved service feasibility study for the proposed municipality has been filed with and approved by the Secretary of State; and

(4) that the area proposed to be incorporated is contiguous. Contiguity is not destroyed by an intervening marshland located in the tidal flow or an intervening publicly-owned waterway, whether or not the marshland located in the tidal flow or the publicly-owned waterway has been previously incorporated or annexed by another municipality. The incorporation of a marshland located in the tidal flow or a publicly-owned waterway does not preclude the marshland located in the tidal flow or the publicly-owned waterway from subsequently being used by any other municipality to establish contiguity for purposes of an incorporation if the distance from highland to highland of the area being incorporated is not greater than three-fourths of a mile.

(B) When an area seeking incorporation has petitioned pursuant to Chapter 17 the nearest incorporated municipality to be annexed to the municipality, and has been refused annexation by the municipality for six months, or when the population of the area seeking incorporation exceeds fifteen thousand persons, then the provision of the five-mile limitation of this section does not apply to the area.

(C) The five-mile limit does not apply when the boundaries of the area seeking incorporation are within five miles of the boundaries of two different incorporated municipalities in two separate counties other than the county within which the area seeking incorporation lies, and when the boundaries of the proposed municipality are more than five miles from the boundaries of the nearest incorporated municipality that lies within the same county within which the proposed municipality lies, and when the land area of the territory seeking incorporation exceeds one-fourth of the land area of the nearest incorporated municipality.

(D) The population requirements do not apply to areas bordering on and being within two miles of the Atlantic Ocean and to all sea islands bounded on at least one side by the Atlantic Ocean, both of which have a minimum of one hundred fifty dwelling units and at least an average of one dwelling unit for each three acres of land within the area and for which petitions for incorporation contain the signatures of at least fifteen percent ~~of the freeholders and fifty~~ of the qualified electors of the respective areas seeking incorporation. ~~The freeholders and electors need not be all different persons.~~

(E) This section does not apply to those areas which have petitioned to the Secretary of State before June 25, 1975, or which may be under adjudication in the courts of this State. The five-mile limit does not apply to counties with a population according to the latest official United States Census of less than fifty-one thousand."

SECTION 2. Section 5-1-40 of the 1976 Code is amended to read:

"Section 5-1-40. Except as otherwise provided by law, the citizens of any proposed municipality in this State, desiring to be incorporated, shall file with the Secretary of State their petition for that purpose, setting out the corporate limits proposed for the municipality and the number of inhabitants therein and signed by ~~fifty qualified electors thereof and~~ fifteen percent of the ~~freeholders~~ qualified electors who reside within the proposed municipality."

SECTION 3. Chapter 3 of Title 5 of the 1976 Code is amended to read:

"CHAPTER 3.

Change of Corporate Limits

Section 5-3-10. Any city or town council may extend the corporate limits of ~~such city or town~~ the municipality in the manner set forth in this chapter.

Section 5-3-15. No municipality may annex, under the provisions of this chapter, any real property owned by an airport district composed of more than one county without prior written approval of the governing body of the district.

~~Section 5-3-20.~~ To effect any such extension a petition shall first be submitted to the council by a majority of the freeholders of the territory which it is proposed to annex, accompanied by an adequate description thereof, praying that an election be ordered to see if such territory shall be included in the city or town.

Section 5-3-30. When two or more municipal corporations propose to consolidate, no petition shall be required and each municipal corporation desiring to consolidate may call for the election hereinafter provided by ordinance.

Section 5-3-40. Whenever it is proposed to extend the corporate limits of any municipality by inclusion of territory of another adjacent municipality in whole or in part, the governing bodies of the municipalities may, after public hearing, stipulate and agree upon terms of consolidation or boundary adjustment by ordinance adopted by each municipality, which shall be binding upon the enlarged municipality, and the consolidation or adjustment shall be effective on the date of adoption of the final ordinance.

~~Section 5-3-50.~~ If the city or town council shall find that the petition filed pursuant to Section 5-3-20 has been signed by a majority of the freeholders within the territory proposed to be annexed, it may certify that fact to the county commissioners of elections of the county in which the territory is situated. Such territory shall not be annexed until such certification is made by the city or town council and an election is held pursuant to Sections 5-3-10 through 5-3-270. If so certified, the county commissioners of elections shall order an election to be held within the corporate limits of the municipality and within the territory proposed to be annexed to such municipality, on the same date, on the question of extension of the corporate limits of the municipality by annexation of the territory proposed to be annexed.

~~Section 5-3-60.~~ The county commissioners of elections shall give at least ten days' notice prior to the date set for such election by notice signed by the county commissioners of elections and posted in three conspicuous places within the corporate limits of the municipality and also three conspicuous places within the territory proposed to be annexed to the municipality or by similar notice published ten days prior to the time set for such election in a newspaper of general circulation within the corporate limits of the municipality and within the territory proposed to be annexed thereto.

~~Section 5-3-70.~~ The election so ordered shall be a special election and not a municipal election and shall be held, regulated and conducted in accordance with the rules, regulations and provisions prescribed by Chapters 13 and 17 of Title 7, except as in this chapter otherwise provided. Registered qualified electors residing within the corporate limits of the municipality and registered qualified electors residing within the territory proposed to be annexed to the municipality shall have the same qualifications to vote in such election as are required of registered qualified electors to vote in State and county general elections. At such election the registered qualified electors residing within the corporate limits of the municipality shall vote at the usual voting precincts thereof in boxes provided for that purpose, and the registered qualified electors residing within the territory proposed to be annexed to the named municipality shall vote in a separate box or boxes to be provided for such purpose within the territory proposed to be annexed and in a precinct or precincts to be designated therein by the county commissioners of elections.

~~Section 5-3-80.~~ The votes cast in such election within the corporate limits of the municipality and the votes cast within the territory proposed to be annexed to the named municipality shall be counted separately and the results thereof declared separately. The county commissioners of elections shall certify the result of such election to the governing body of the municipality. If a majority of the votes cast by the qualified electors of the municipality and of the territory proposed to be annexed, each aggregated separately, shall each be in favor of the annexation or if neither gives a majority against the annexation, then the council shall publish the result of such election and declare the annexed territory a part of the city or town.

Section 5-3-90. Any ~~city or town~~ municipality increasing its territory shall file a notice with the Secretary of State, Department of Transportation, and the Department of Public Safety describing its new boundaries. ~~Such~~ The notice shall include a written description of the boundary, along with a map or plat which clearly defines the new territory added.

Section 5-3-100. If the territory proposed to be annexed belongs entirely to the municipality seeking its annexation and is adjacent thereto, ~~such~~ the territory may be annexed by resolution of the governing body of the municipality. When the territory proposed to be annexed to the municipality belongs entirely to the county in which the municipality is located and is adjacent thereto, it may be annexed by resolution of the governing body of the municipality and the governing body of the county. Upon the adoption of the resolutions required by this section and the passage of an ordinance to that effect by the municipality, the annexation ~~shall be~~ is complete~~, and the election provided for in Sections 5-3-50 to 5-3-80 shall not be required~~.

Section 5-3-110. Whenever the whole or any part of any street, roadway, or highway has been accepted for and is under permanent public maintenance by a city, a county, or the Department of Transportation, that portion of any right-of-way area not exceeding the width thereof lying beyond but abutting on the corporate limits of the city may be annexed to and incorporated within the city by adoption of an ordinance so declaring, without necessity for election of any sort, upon prior consent in writing of any public agency other than the city engaged in maintenance of the right-of-way area to be annexed. Consent on behalf of the Department of Transportation may be given by the director. Consent on behalf of any county may be given by its county commissioners, county board of directors, or other local county agency or governing body having jurisdiction over county roads.

Section 5-3-115. Notwithstanding any other provision of law, any real property which is or has been included within a multicounty park under Section 4-1-170 and title to which is held by the State of South Carolina, may be annexed only upon approval by the Budget and Control Board.

Section 5-3-120. If the entire area proposed to be annexed belongs to a corporation only, it may be annexed on the petition of the stockholders of ~~such~~ the corporation. Upon agreement of the governing body of the municipality to accept the petition and the passage of an ordinance to that effect by the municipality, the annexation ~~shall be~~ is complete ~~and the election provided for in Sections 5-3-50 to 5-3-80 shall not be required~~.

Section 5-3-130. If the area proposed to be annexed belongs entirely to a school district, it may be annexed upon the petition of the board of trustees of the school district to the city or town council. Upon agreement of the city or town council to accept the petition and the passage of an ordinance to that effect, the annexation ~~shall be~~ is complete~~, and the election provided for in Sections 5-3-50 to 5-3-80 shall not be required~~.

Section 5-3-140. If the territory proposed to be annexed belongs entirely to the Federal Government or to the State of South Carolina and is adjacent to a municipality, it may be annexed upon the petition of the Federal Government or of the State to the city or town council thereof. As used in this section, a petition by the State shall mean a petition executed by the State Budget and Control Board. Upon agreement of the city or town council to accept the petition and the passage of an ordinance to that effect, the annexation ~~shall be~~ is complete~~, and the election provided for in Sections 5-3-50 to 5-3-80 shall not be required~~.

Section 5-3-150. (1) Any area or property which is contiguous to a ~~city or town~~ municipality may be annexed to the ~~city or town~~ municipality by filing with the municipal governing body a petition signed by seventy-five percent or more of the freeholders, as defined in Section 5-3-240, owning at least seventy-five percent of the assessed valuation of the real property in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the ~~city or town~~ municipality, the annexation is complete ~~and the election provided for in Sections 5-3-50 through 5-3-270 is not required~~. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed is eligible to vote on the ordinance. This method of annexation is in addition to any other methods authorized by law; ~~provided, that~~ however, this property may not be annexed unless the following has been complied with: (1) ~~The~~ the petition must be dated before the first signature is affixed to it and all necessary signatures must be obtained within six months from the date of the petition; (2) ~~The~~ the petition and all signatures to it are open for public inspection at any time on demand of any resident of the municipality or area affected by the proposed annexation or by anyone owning property in the area to be annexed; (3) ~~The~~ the petition ~~shall~~ must state the act or code section pursuant to which the proposed annexation is to be accomplished; (4) ~~The~~ the petition ~~shall~~ must contain a description of the area to be annexed and there must be attached to the petition a plat of the area to be annexed; (5) ~~Any~~ the municipality or any resident of it and any person residing in the area to be annexed or owning real property of it may institute and maintain a suit in the court of common pleas, and in that suit the person may challenge and have adjudicated any issue raised in connection with the proposed or completed annexation; (6) not less than thirty days before acting on an annexation petition, the annexing municipality must give notice of a public hearing by publication in a newspaper of general circulation in the community, by posting the notice of the public hearing on the municipal bulletin board, and by written notification to the tax payer of record of all properties within the area proposed to be annexed, to the chief administrative officer of the county, to all public service or special purpose districts, and all fire departments, whether volunteer or full-time. This public hearing must include a map of the proposed annexation area, a complete legal description of the proposed annexation area, a statement as to what public services are to be assumed or provided by the municipality, and the taxes and fees required for these services. The notice must include a projected timetable for the provision or assumption of these services.

(2) The conditions relating to petitions set forth in this section apply only to the alternate method of annexation as defined in subsection (1) of this section.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section, any area or property which is contiguous to a ~~city or town~~ municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete ~~and the election provided for in Sections 5-3-50 through 5-3-80 is not required~~. No member of the governing body who owns property or stock in a corporation owning property in the area proposed to be annexed is eligible to vote on ~~such~~ the ordinance. This method of annexation is in addition to any other methods authorized by law.

(4) For purposes of this section any real property owned by a governmental entity and leased to any other entity pursuant to a fee in lieu of taxes transaction under Sections 4-29-67 or 4-29-69 is considered to have an assessed valuation equal to the original cost of the real property as determined under Section 4-29-67(D). For purposes of this section, the lessee of real property pursuant to a fee in lieu of taxes transaction under Sections 4-29-67 or 4-29-69 is the freeholder with respect to ~~such~~ the property.

(5) For purposes of this section, any real property included within a multi-county park under Section 4-1-170 is considered to have the same assessed valuation that it would have if the multi-county park did not exist. Notwithstanding any other provision of law, any real property which is or has been included within a multi-county park under Section 4-1-170 and title to which is held by the State of South Carolina, only may be annexed with prior written consent of the State of South Carolina, and when title to real property in ~~such a~~ the park is held by a political subdivision of the State, the property may be annexed only with prior written consent of the governing body of the political subdivision holding title.

Section 5-3-155. An area in this State located more than twelve miles from the Atlantic Ocean, which is a peninsula being predominately industrial in character, separating a fresh water reservoir from a body of brackish water subject to tidal influences, and created by the construction of a man-made canal and man-made dam, may be annexed by a municipality only under the provisions of Section 5-3-150 ~~of the 1976 Code~~.

~~Section 5-3-160.~~ In addition to the method of initiating an annexation election provided for in Sections 5-3-20 through 5-3-50, cities and towns may annex adjacent territory as follows: Upon presentation to the city or town council of a petition signed by twenty-five percent of the freeholders resident in the area or territory proposed to be annexed, the city or town council may forthwith certify such fact to the county commissioners of election together with a description of the territory proposed to be annexed; and, if so certified, the county commissioners of election shall order a referendum and an election to be held as herein provided. No such territory shall be annexed until such a certification is made by the city or town council and a referendum and election are held. Except, however, with respect to any city or town having a population of twenty-five thousand, or more, said petition shall contain only fifteen percent, or more, of said freeholders resident in the area or territory proposed to be annexed.

~~Section 5-3-170.~~ As a prerequisite to the annexation election provided for in Section 5-3-160, there shall be held a referendum (either prior to or simultaneous with the annexation) in which all freeholders owning property in the territory proposed to be annexed shall be entitled to vote.

~~Section 5-3-180.~~ In cases where the referendum is held prior to the election, if a majority of the freeholders voting in such referendum do not approve the proposed annexation, the election shall not be held. In cases where the referendum and the election are held simultaneously, separate boxes shall be maintained to receive the votes of the freeholders voting in the referendum and those of the registered electors voting in the election. In order for an annexation to be validly effected, a majority of the freeholders voting in the referendum must approve the annexation; and a majority of the registered electors voting in the election must approve the annexation, both within the territory proposed to be annexed and within the corporate limits of the municipality.

~~Section 5-3-190.~~ No annexation referendum or election shall be initiated pursuant to Sections 5-3-160 to 5-3-240 unless a notice of the referendum and election shall have been inserted in a newspaper of general circulation within the municipality and the territory proposed to be annexed for once a week for at least four successive weeks, the first such notice to be given at least sixty days prior to the date of the election. The notice shall state the purposes of the election, the date, and the location of the various voting places. There shall be provided at least one polling place within the area sought to be annexed.

~~Section 5-3-200.~~ Not later than twenty days prior to the freeholders referendum provided herein, the county auditor shall furnish to the county commissioners of election a list of freeholders showing the names of the freeholders owning the property within the territory proposed to be annexed as shown by the county tax records. The county commissioners of election shall use this list to determine what persons are eligible to vote in the referendum.

Section 5-3-210. When an annexation election is defeated either by the voters inside the municipality concerned or within the territory proposed to be annexed, or both, another annexation election within the territory proposed to be annexed shall not be initiated within a period of twenty-four months from the date upon which the voting took place.

~~Section 5-3-220.~~ When the procedure for annexation provided for in Sections 5-3-160 to 5-3-240 is followed the area of the territory proposed to be annexed shall at no time exceed one-fourth of the area of the municipality. Provided, that the provisions of this section shall not apply to annexations where the area to be annexed is an island or the remaining part of an island not then within the corporate limits of a municipality.

~~Section 5-3-230.~~ The annexation procedure provided in Sections 5-3-160 to 5-3-240 shall not be applicable to annexation of the whole or any portion of an existing incorporated municipality, either with or without adjacent unincorporated territory, by the municipality initiating such election.

Section 5-3-235. Except when the procedures for an annexation provided for in Sections 5-3-100, 5-3-110, 5-3-120, 5-3-130, 5-3-140, and 5-3-150 ~~of the 1976 Code~~ are followed, the assessed value of real property of any single freeholder to be annexed, as defined in Section 5-3-240 ~~of the 1976 Code~~, shall not at the time of a proposed annexation exceed twenty-five percent of the assessed value of real property of the existing area of a municipality.

Section 5-3-240. For the purposes of Sections ~~5-3-20, 5-3-50, and 5-3-160 to 5-3-240~~ 5-3-150, 5-3-280, and 5-3-300, a 'freeholder' is defined as any person eighteen years of age, or older, and any firm or corporation, who or which owns legal title to a present possessory interest in real estate equal to a life estate or greater (expressly excluding leaseholds, easements, equitable interests, inchoate rights, dower rights, and future interests) and who owns, at the date of the petition or of the referendum, at least an undivided one-tenth interest in a single tract and whose name appears on the county tax records as an owner of real estate.

Section 5-3-250. Any ~~city or town~~ municipality may extend its corporate limits so as to include any or all cemeteries adjoining ~~such city or town~~ the municipality, for the purposes only of police and sanitary measures, by the passage of an ordinance declaring them to be a portion of ~~such city or town~~ the municipality. But the inclusion of ~~such~~ these cemeteries shall not give to the ~~city or town~~ municipality the right to tax them in any manner ~~whatsoever~~.

Section 5-3-260. Any area owned entirely by an established church or religious group which is contiguous to a ~~city or town~~ municipality may be annexed to ~~such~~ ~~city or town~~ the municipality upon the petition of the governing body of ~~such~~ the church or religious group being submitted to the governing body of a ~~city or town~~ municipality. Upon agreement of the governing body of the ~~city or town~~ municipality to accept the petition, and the passage of an ordinance to that effect, the annexation ~~shall be~~ is complete ~~and the election provided for in Sections 5-3-50 through 5-3-80 shall not be required~~.

Section 5-3-270. When the limits of a ~~city or town~~ municipality ~~shall be~~ are ordered extended, no contest thereabout shall be allowed unless the person interested therein ~~shall~~ files, within sixty days after the result has been published or declared, ~~file~~ with both the clerk of the ~~city or town~~ municipality and ~~with~~ the clerk of court of the county in which the ~~city or town~~ municipality is ~~situate~~ located, a notice of his intention to contest ~~such~~ the extension, nor unless, within ninety days from the time the result has been published or declared an action ~~shall be~~ is begun and the original summons and complaint filed with the clerk of court of the county in which the ~~city or town~~ municipality is ~~situate~~ located.

Section 5-3-280. Whenever a petition is presented to a city or town council signed by a majority of the resident freeholders of the ~~city or town~~ municipality asking for a reduction of the corporate limits of the city or town, the council shall order an election after not less than ten days' public advertisement. ~~Such~~ This advertisement shall describe the territory that is proposed to be cut off. If a majority of the qualified electors vote at ~~such~~ the election in favor of the release of the territory, ~~then~~ the council ~~shall~~ must issue an ordinance declaring the territory no longer a portion of the ~~city or town~~ municipality and ~~shall so~~ must notify the Secretary of State~~, furnishing him at the same time with~~ of the new boundaries of the ~~town~~ municipality.

Section 5-3-285. Territory proposed to be removed from within the corporate limits of a municipality which is owned entirely by that municipality may be removed from within the corporate limits by ordinance of the governing body of the municipality. Territory proposed to be removed from within the corporate limits of a municipality which is owned entirely by a county or jointly by a county and a municipality may be removed from within the corporate limits by ordinance of the governing body of the municipality upon receipt of a resolution from the county governing body requesting the removal.

Section 5-3-290. The word 'municipality' as used in this chapter shall be construed to mean any incorporated city or town located within this State.

Section 5-3-300. (A) In addition to other methods of annexation authorized by this chapter, any area which is contiguous to a municipality may be annexed to the municipality by the filing of a petition with the council signed by twenty-five percent or more of the ~~freeholders~~ qualified electors who are residents within the area proposed to be annexed.

(B) The petition must contain a description of the area to be annexed, the signature of the ~~freeholder~~ qualified elector, the address of residence, and the act or code section pursuant to which the proposed annexation is to be accomplished.

(C) If the municipal council finds that the petition has been signed by twenty-five percent or more of the ~~freeholders~~ qualified electors resident within the area proposed to be annexed, it the council may certify that fact to the county election commission of the county in which the area is situated. Upon receipt of a written resolution certifying that the petition meets the requirements of this section, the county election commission shall order an election to be held within the area proposed to be annexed to the municipality on the question of extension of the corporate limits of the municipality by annexation of the area proposed to be annexed.

(D) The election ordered pursuant to this section is a special election and not a municipal election and must be held, regulated, and conducted with the provisions prescribed by Chapters 13 and 17 of Title 7, except as otherwise provided in this section. The county election commission shall give at least thirty days' notice in a newspaper of general circulation within the area proposed to be annexed to the municipality. Registered qualified electors residing within the area proposed to be annexed to the municipality shall have the same qualifications to vote in this election as are required of registered qualified electors to vote in state and county general elections. At the election, the registered qualified electors residing within the area proposed to be annexed shall vote in a box or boxes to be provided for the purpose within the area proposed to be annexed by the county election commission. The county election commission shall certify the result of the election to the municipal council of the municipality. If a majority of the votes cast by the qualified electors of the area proposed to be annexed are in favor of the annexation, ~~then~~ the council by written resolution ~~shall~~ must publish the result of the election.

(E) After publishing the result of the election, the municipal council shall publish in a newspaper of general circulation within the municipality a notice which must contain:

(1) a description of the area to be annexed;

(2) the act or code section pursuant to which the proposed annexation is to be accomplished;

(3) a statement that the qualified electors of the area to be annexed voted to be annexed to the municipality; and

(4) a statement that the municipal council will approve the annexation of the area unless a petition signed by five percent or more of the qualified electors within the municipality is presented to the municipal council within thirty days from the date of the notice requesting that the municipal council order an election to be held within the municipality on the question of extension of the corporate limits by annexation of the area proposed to be annexed.

(F) The municipal council may give final reading approval to an ordinance declaring the area annexed not less than thirty days from the date of the publication of the notice required by subsection (E). However, if within thirty days from the date of the publication of the notice required by subsection (E), a petition signed by five percent or more of the qualified electors within the municipality is presented to the municipal council requesting an election to be held within the municipality on the question of extension of the corporate limits by annexation of the area proposed to be annexed, the municipal council shall delay final reading approval of the ordinance declaring the area annexed until the results of the election within the municipality are published.

(G) If within thirty days from the date of the publication of the notice required by subsection (E), a petition is presented to the municipal council requesting an election to be held within the municipality on the question of extension of the corporate limits by annexation of the area proposed to be annexed, the municipal council, after verifying that at least five percent of the qualified electors within the municipality have signed the petition, shall certify that fact to the municipal election commission and order an election. The election ordered pursuant to this subsection is a municipal election and must be held, regulated, and conducted by the municipal election commission pursuant to provisions prescribed by Chapters 13 and 17 of Title 7, except as otherwise provided in this subsection. The municipal election commission shall give at least thirty days' notice prior to the date set for the election by publishing the notice in a newspaper of general circulation within the municipality. Registered qualified electors residing within the municipality shall have the same qualifications to vote in this election as are required of registered qualified electors to vote in the state and county general elections. The municipal election commission shall certify the result of the election to the municipal council.

(H) If a majority of the votes cast by the qualified electors of the municipality are in favor of the annexation, ~~then~~ the council shall give final reading approval to the ordinance declaring the area annexed. If a majority of the votes cast by the qualified electors of the municipality are in opposition to the annexation, the municipal council shall publish the result of the election and table the proposed ordinance.

(I) When the procedure for annexation provided for in this section is followed, any freeholder owning real property in the area to be annexed equal to twenty-five percent or more of the total assessed value of all real property of the area proposed to be annexed and any freeholder owning agricultural real property in the area to be annexed shall receive written notice of the proposed annexation by certified mail, return receipt requested, from the municipal clerk. Unless the freeholder files written notice with the municipal clerk at least ten days before the election provided for in subsection (D), the freeholder's property must be considered as part of the area proposed to be annexed for the purposes of the annexation election. If the freeholder files written notice objecting to the inclusion of his property in the area to be annexed with the municipal clerk at least ten days before the election provided for in subsection (D), ~~then~~ the freeholder's property must be excluded from the area to be annexed. For purposes of this section, 'agricultural real property' means:

(1) land used to grow timber, if the size of the tract is ten acres or more. Tracts of timberland of less than ten acres which are contiguous to or are under the same management system as a tract of timberland which meets the minimum acreage requirement are treated as part of the qualifying tract. Tracts of timberland of less than ten acres are agricultural real property when they are owned in combination with other tracts of nontimberland agricultural real property that qualify as agricultural real property. For purposes of this item, tracts of timberland must be actively devoted to growing trees for commercial use;

(2) all other agricultural real property, if the size of the tract is ten acres or more. Tracts of other than timberland of less than ten acres which are contiguous to a tract which meets the minimum acreage requirement are treated as part of the qualifying tract;

(3) tracts of other than timberland not meeting the acreage requirement qualify if the freeholder reported at least one thousand dollars of gross farm income on his federal income tax return Schedule E or F for at least three of the five taxable years preceding the year of the annexation. The municipal clerk may require the freeholder (a) to give written authorization consistent with privacy laws allowing the clerk to verify farm income from the South Carolina Department of Revenue, or the Internal Revenue Service and (b) to provide the Agriculture Stabilization and Conservation Service (ASCS) farm identification number of the tract and allow verification with the ASCS office.

Section 5-3-305. For purposes of this chapter, 'contiguous' means property which is adjacent to a municipality and shares a continuous border. Contiguity is not established by a road, waterway, right-of-way, easement, railroad track, marshland, or utility line which connects one property to another; however, if the connecting road, waterway, easement, railroad track, marshland, or utility line intervenes between two properties, which but for the intervening connector would be adjacent and share a continuous border, the intervening connector does not destroy contiguity.

Section 5-3-310. When all or part of the area of a special purpose district as defined in Section 6-11-1610 or a special taxing district created pursuant to Section 4-9-30, or Section 4-19-10, et seq. or an assessment district created pursuant to Chapter 15 of Title 6, or any other special purpose district or special taxing or assessment district is annexed into a municipality under the provisions of ~~Section~~ Sections 5-3-150 or 5-3-300, the following provisions apply:

(1) At the time of annexation or at any time thereafter the municipality may elect at its sole option to provide the service formerly provided by the district within the annexed area. The transfer of service rights must be made pursuant to a plan formulated under the provisions of Sections 5-3-300 through 5-3-315.

(2) Until the municipality upon reasonable written notice elects to displace the district's service, the district must be allowed to continue providing service within the district's annexed area.

(3) Annexation does not divest the district of any property; however, subject to the provisions of item (4) below, real or tangible personal property located within the area annexed must be transferred to the municipality pursuant to a plan formulated under the provisions of Sections 5-3-300 through 5-3-315.

(4) In any case in which the municipality annexes less than the total service area of the district, the district may, at its sole discretion, retain ownership and control of any asset, within or without the annexed area, used by or intended to be used by residents within the district's unannexed area or used or intended to be used to provide service to residents in the unannexed area of the district.

(5) Upon annexation of less than the total area of the district, the district's boundaries must be modified, if at all, by the plan formulated pursuant to the provisions of Sections 5-3-300 through 5-3-315. ~~Such~~ The plan ~~shall~~ must specify the new boundaries of the district.

Section 5-3-311. The plan contemplated by Sections 5-3-300 through 5-3-315 may be formulated by agreement of the district and the annexing municipality. If, however, the district and municipality do not agree on such a plan within ninety days following a favorable vote at the last referendum election required to be held to authorize the annexation, ~~then~~ the district and the municipality ~~shall~~ must appoint a committee to formulate such a plan in accordance with the following:

(1) The district and municipality shall each select a member of the committee and the two members so selected shall select a third member.

(2) If the two members fail to select a third member within thirty days after the second of them is appointed, either member may petition the court of common pleas for the county in which the annexed area or any part thereof lies to appoint a third member.

(3) Within ten days after appointment of a third member, the three members must select a committee chairman from among themselves.

(4) Within sixty days after selection of a chairman, the committee ~~shall~~ must develop a plan and present it to the district and the municipality.

(5) If either the annexing municipality or the district objects to the plan, it may appeal the plan to the court of common pleas for the county in which the annexed area or any part thereof lies. The appeal must be instituted within thirty days of the date the district or municipality receives the committee's plan.

(6) The court may modify the plan forwarded by the committee only upon finding an error of law, abuse of discretion, or arbitrary or capricious action by the committee.

(7) The fact that a plan has not been finalized may not in any way alter or delay the effective date of annexation; however, the district shall retain the right to operate its existing system, collect revenues, and collect taxes from or within the area annexed until such time as the municipality and the district agree on a plan or a plan is presented to the municipality and the district under item (4) above. In the event a plan is appealed to the courts, the court of common pleas for the county in which the annexed area or any part thereof lies may enter such orders under its general equitable powers as are necessary to protect the rights of parties pending final resolution of any appeal.

Section 5-3-312. The plan formulated under Sections 5-3-300 through 5-3-315 shall seek to balance the equities and interests of the residents and taxpayers of the annexed area and of the area of the district not annexed. The plan may be formulated with regard to any factors bearing on such balance of equities and interests in accordance with the following:

(1) The plan may provide for certain service contracts to be entered into between the municipality and the district. The municipality has the right, in its sole discretion, to determine whether the municipality will provide service to the area annexed directly or by contract with the district. At the option of the district, the plan may provide for service contracts by which the municipality will provide service to residents of unannexed areas of the district.

(2) In any case in which less than the total service area of the district will be annexed by the municipality, the plan shall:

(a) protect the district's ability to serve the residents of the district's unannexed area economically and efficiently, and protect the district's ability to continue to expand or otherwise make service available throughout its unannexed area;

(b) protect the ability of the municipality to serve residents of the annexed area of the district economically and efficiently;

(3) To carry out the requirements of subitem (a) of item (2) above, the plan shall require the municipality to assume contractually the obligation to pay debt service on an amount of the district's bonded indebtedness or other obligations including lease purchase obligations adequate to offset the district's loss of net service revenue or tax revenue from the area annexed, in accordance with the following:

(a) specifically included within this amount must be revenues, if any, projected under the provisions of any governmentally approved plan promulgated pursuant to federal pollution control legislation;

(b) as the district retires bonded indebtedness existing at the time of annexation, the municipality's payment obligation under this provision must be reduced by the proportion which the principal amount of the indebtedness retired bears to the total principal amount of bonded indebtedness of the district at the time of annexation;

(c) as used herein, net service revenue means revenue from fees, charges, and all other sources, attributable to service provided in the area annexed, less the actual cost of operating and maintaining the system or facilities needed to serve that area; however, debt service or other payments required to finance capital assets may not be considered to be part of such operating and maintenance expenses. Tax revenue means taxes collected from property owners within the annexed area.

(4) Under any plan whereby the district must disconnect or reintegrate its facilities, the municipality shall bear the reasonable cost of such disconnection or reintegration. In the event that the plan contemplates that the district will continue to provide service by contract within the incorporated limits of the municipality, the municipality shall agree to provide the district with all permits or authority necessary to use municipal streets, alleys, ways, and other public spaces for the provision of such service.

(5) In no event may any provision be incorporated in any plan which will impair the rights of bondholders, or which will impair the statutory liens created by Section 6-21-330 or Title 7 of the United States Code, Section 1926(b), or which will accelerate the requirement to repay bonds, or which would violate the conditions of any grant.

(6) In no event may any plan require that the residents in the annexed area be taxed or assessed by both the municipality and the district for the provision of the same service, except as provided by the laws of this State.

(7) Absent consent of the district, neither annexation nor any plan hereunder entitles the municipality to any cash, securities, or other liquid assets of any kind of the district.

(8) Subject to the provisions of Article VIII, Section 15 of the Constitution of this State, the service provided or made available through any district may not be curtailed or limited by inclusion of the area served by the district within the boundaries of any municipal corporation or other public body, or by the granting of any private franchise for similar service within such area in a manner which would impair any of the district revenue bonds.

Section 5-3-313. The auditor and treasurer of the county or counties in which the annexed area is located shall take such action as is appropriate to conform with the plan finally established pursuant to the terms of Sections 5-3-300 through 5-3-315, including releasing or adjusting any levy of district taxes within any annexed area. The annexing municipality and the district shall execute and deliver such documents, including any deeds or bills of sale, appropriate to the implementation of such a plan.

Section 5-3-314. In no event under any plan or otherwise may the obligation between the district and its general obligation bondholders or, in the case of a special tax or assessment district, the obligation between the district and the holders of the county bonds issued on its behalf, be disturbed. If adequate provision is not made for the levy of taxes or for payment of the principal and interest on such bonds, it is the duty of the auditor of the county to levy, and of the treasurer of the county to collect, an ad valorem tax, without limit as to rate or amount, upon all taxable property within the district as it was constituted on the dates those bonds were issued sufficient to pay principal and interest as they become due. Only bondholders or agents or trustees acting on their behalf may proceed at law or in equity to enforce this requirement.

Section 5-3-315. Any district affected by the proposed annexation may conduct a public hearing within sixty days prior to the required election. The district must give at least fourteen days' notice of the time and place of this public hearing in a newspaper of general circulation within the area proposed to be annexed; however, failure to conduct a public hearing or failure to publish proper notice of the hearing may not delay any election or other proceedings herein."

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

Amend title to conform.
/s/ Sen. Glenn F. McConnell /s/Rep. Michael E. Easterday
/s/Sen. James E. Bryan, Jr. /s/Rep. George E. Campsen III

/s/ Sen. Robert Ford              Rep. James Emerson Smith, Jr.
On Part of the Senate.                               On Part of the House.

, and a message was sent to the House accordingly.

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

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3266 (Word version) -- Reps. D. Smith, J. Brown, W. McLeod and Miller: 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.

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

Senator MOORE proposed the following amendment (3266MOO1.TLM), which was adopted:

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

/ SECTION . Section 44-56-200 of the 1976 Code is amended to read:

"Section 44-56-200. (A) The Department of Health and Environmental Control is empowered to implement and enforce the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Public Law 96-510), and subsequent amendments to Public Law 96-510 as of the effective date of the amendments.

(B)(1) Subject to the provisions of Section 107 of Public Law 96-510 and its subsequent amendments which pursuant to this section are incorporated and adopted as the law of this State, the department is empowered to recover on behalf of the State all response costs expended from the Hazardous Waste Contingency Fund or from other sources, including specifically punitive damages in an amount at least equal to and not more than three times the amount of costs incurred by the State whether before or after the enactment of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, and its subsequent amendments.

(2) For purposes of this section, 'owner' does not include:

(a) a unit of state or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign, including acquisitions made by a forfeited land commission pursuant to Chapter 59, Title 12. The exclusion provided under this paragraph shall not apply to any state or local government which voluntarily acquires a facility or has caused or contributed to the release or threatened release of a hazardous substance from the facility, and such a state or local government shall be subject to the provisions of this chapter in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity.

(b) a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of a hazardous substance and the damages resulting therefrom were caused solely by:

(i) an act of God;

(ii) an act of war;

(iii) an act or omission of a third party other than an employee or agent of the defendant, or than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant (except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail), if the defendant establishes by a preponderance of the evidence that (A) he exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances, and (B) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions." /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

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

S. 1297 (Word version) -- Senators Short, Peeler, J. Verne Smith, Leventis, Drummond, Anderson, Moore, Rankin, Giese, Waldrep and Saleeby: A BILL TO AMEND SECTIONS 40-15-80 AND 40-15-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DENTISTS, DENTAL HYGIENISTS, AND DENTAL TECHNICIANS, SO AS TO FURTHER DEFINE CERTAIN DENTAL PROCEDURES AND CONDITIONS UNDER WHICH THEY MAY BE ADMINISTERED.

S. 916 (Word version) -- Senators Courson, Setzler, Giese, Hayes, J. Verne Smith, Wilson, Branton and Reese: A BILL TO AMEND SECTION 44-53-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTROLLED SUBSTANCES, SO AS TO INCLUDE GAMMA HYDROXY BUTYRATE IN SCHEDULE I CONTROLLED SUBSTANCES.

S. 1323 (Word version) - Senators Bauer and Wilson: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2000, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WHITMIRE, SOUTH CAROLINA, TO THE TOWN OF WHITMIRE.

On motion of Senator BAUER

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 1012 (Word version) -- Senators J. Verne Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the previously proposed amendment.

Senator THOMAS proposed the following amendment (1012R003.DLT), which was adopted:

Amend the bill, as and if amended, page 2, by inserting immediately after line 24:

/ (4) Notwithstanding other provisions of this section, after January 1, 2000, a referendum in a municipality may not be conducted to authorize a temporary permit for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquor in sealed containers of two ounces or less. /

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

/ SECTION ____. If any section, subsection, or subitem of this act is held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act. /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

Senators RANKIN and PASSAILAIGUE proposed the following amendment (1012R002.LAR), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:

/ SECTION 1. Section 61-6-2010 of the 1976 Code is amended to read:

"Section 61-6-2010. (A) In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department must also offer the option of an annual fifty-two week temporary permit for a non-refundable fee of three thousand dollars per year. The department in its sole discretion shall specify the terms and conditions of the permit.

(B)(1) The filing and permit fees must be distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:

(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;

(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);

(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;

(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22 of Title 51;

(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq;

(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future; public water supply, well fields, highway buffering, and aquifer recharge areas; ~~and~~ land for wildlife preserves; and land for future public recreational facilities;

(h) nourishment, renourishment (resanding) and maintenance of beaches;

(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;

(j) maintenance of public beach access;

(k) capital improvements to the beaches and beach related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and

(l) construction and maintenance of drainage systems.

(2) The revenue may not be used for operating expenses of tourism-related buildings.

(C)(1) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than ~~twenty-five hundred~~ ten thousand qualified electors of the county or municipality, as the case may be~~, in not less than thirty nor more than forty days after receiving the petition~~. The names on the petition, which must be the petition form provided to county election officials by the State Election Commission, must be certified by the election commission within thirty days after received. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall read substantially as follows:

'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

(2) A referendum for this purpose may not be held more often than once in forty-eight months.

(3) The expenses of any such referendum must be paid by the county or municipality conducting the referendum.

(D) Through the State Aid to Subdivisions authorized by Chapter 27 of Title 6, the State shall reimburse the county, municipality, or base redevelopment authority for any loss of revenue to the county, municipality, or base redevelopment authority caused by the election of the annual permit option authorized in subsection (A)."

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

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

Clerk's Amendment

The following amendment (1012R005.FC), as approved by the Clerk, reconciled the amendments adopted during the consideration of S. 1012:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:

/ SECTION 1. Section 61-6-2010 of the 1976 Code is amended to read:

(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;

(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);

(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;

(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22 of Title 51;

(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq.;

(h) nourishment, renourishment (resanding), and maintenance of beaches;

(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;

(j) maintenance of public beach access;

(k) capital improvements to the beaches and beach-related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and

(l) construction and maintenance of drainage systems.

(2) The revenue may not be used for operating expenses of tourism-related buildings.

(2) A referendum for this purpose may not be held more often than once in forty-eight months.

(3) The expenses of any such referendum must be paid by the county or municipality conducting the referendum.

(E) Notwithstanding other provisions of this section, after January 1, 2000, a referendum in a municipality may not be conducted to authorize a temporary permit for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquor in sealed containers of two ounces or less."

SECTION 2. If any section, subsection, or subitem of this act is held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act.

SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

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

SECOND READING BILLS
WITH NOTICE OF GENERAL AMENDMENTS

The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:

S. 1322 (Word version) -- Senators Holland and Giese: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE SECURITY AND INVESTIGATION AGENCIES, BY REPEALING CHAPTER 17 AND ADDING CHAPTER 18, SO AS TO PROVIDE DEFINITIONS, TO DESIGNATE THE TWO CLASSIFICATIONS OF SECURITY BUSINESSES AS CONTRACT SECURITY BUSINESSES AND PROPRIETARY SECURITY BUSINESSES, TO REQUIRE SLED LICENSURE OF CONTRACT AND PROPRIETARY SECURITY BUSINESSES AND TO PROVIDE FOR LICENSING REQUIREMENTS, TO REQUIRE SLED REGISTRATION FOR PERSONS EMPLOYED AS SECURITY OFFICERS AND TO PROVIDE FOR REGISTRATION REQUIREMENTS, TO PROVIDE THAT PERSONS EMPLOYED AS PRIVATE INVESTIGATORS BE REGISTERED WITH SLED AND BE EMPLOYED ONLY BY LICENSED PRIVATE INVESTIGATION BUSINESSES, TO PROVIDE FOR THE LICENSING REQUIREMENTS OF PRIVATE INVESTIGATION BUSINESSES AND THE REGISTRATION REQUIREMENTS OF PRIVATE INVESTIGATORS, TO REQUIRE AN APPLICANT FOR A PRIVATE INVESTIGATION LICENSE TO POST A TEN THOUSAND DOLLAR BOND WITH SLED, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

H. 4416 (Word version) -- Reps. Kelley, Robinson, Riser and Carnell: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 19 ENACTING THE "OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS" AND PROVIDE FOR ITS OPERATION.

SECOND READING BILLS

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

H. 4644 (Word version) - Reps. Lucas, Harris, Jennings, and Neilson: A BILL TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE CHESTERFIELD COUNTY EDUCATION ADVISORY COUNCIL, SO AS TO PROVIDE FOR SIX LOCAL EDUCATION ADVISORY COUNCILS FOR THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO PROVIDE FOR THE MEMBERSHIP OF THE COUNCILS AND ELECTION PROCEDURES FOR SUCH MEMBERS.

On motion of Senator HOLLAND

H. 4869 (Word version) -- Rep. Harris: A BILL TO ENACT THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN CHESTERFIELD COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.

H. 4869--Ordered to a Third Reading

On motion of Senator HOLLAND, H. 4869 was ordered to receive a third reading on Thursday, April 13, 2000.

S. 858 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 62-5-433 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SETTLEMENT OF CLAIMS OF MINORS AND INCAPACITATED PERSONS SO AS TO PROVIDE THAT "COURT" FOR THE PURPOSE OF APPROVAL OF SETTLEMENTS OF CLAIMS OF MINORS AND INCAPACITATED PERSONS INCLUDES THE CIRCUIT COURT OR THE PROBATE COURT OF THE COUNTY WHERE SUIT IS PENDING.

AMENDMENT PROPOSED, OBJECTION

H. 4470 (Word version) -- Reps. Cato, Battle, J. Brown, Cobb-Hunter, Harrison, Kirsh, Knotts, Leach, McCraw, Meacham-Richardson, Miller, Riser, Rodgers, Sandifer, R. Smith, Taylor, Walker, Bowers, Edge, Koon, McKay, Tripp, T. Brown and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE THAT THE KNOWING ACCEPTANCE OF PAYMENT FOR AN INSURANCE REFERRAL FROM A SERVICE PROVIDER, THE KNOWING PAYMENT BY A SERVICE PROVIDER FOR A REFERRAL, AND THE REGULAR PRACTICE BY A SERVICE PROVIDER OF WAIVING OR REBATING ALL OR PART OF A CLAIMANT'S CASUALTY OR PROPERTY INSURANCE DEDUCTIBLE ARE UNFAIR TRADE PRACTICES; AND TO AMEND SECTION 39-5-40, RELATING TO THE PRACTICES TO WHICH THIS ARTICLE DOES NOT APPLY, SO AS TO PROVIDE AN EXCEPTION THAT THE PRACTICES DESCRIBED IN SECTION 39-5-170 MAY BE REGULATED BY CHAPTER 57 OF TITLE 38 AND THIS ARTICLE.

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

Senators RICHARDSON, SALEEBY and McCONNELL proposed the following amendment (4470R001.SHR):

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

/SECTION ___. Section 39-5-175. Notwithstanding any other provision of law to the contrary, it is an unfair trade practice and unlawful for an insurance carrier selling automobile physical damage coverages in South Carolina to not offer deductible options for those coverages. /

Renumber sections to conform.

Amend title to conform.

Senator RICHARDSON explained the amendment.

Senator MARTIN objected to further consideration of the Bill.

ADOPTED

S. 1309 (Word version) -- Senator Courson: A SENATE RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBER OF THE SOUTH CAROLINA SENATE ON THURSDAY, JUNE 15, 2000, AND FRIDAY, JUNE 16, 2000.

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

AMENDED, ADOPTED, SENT TO THE HOUSE

S. 1311 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.

The Senate proceeded to a consideration of the Senate amendment. The question being the adoption of the Resolution.

The Senator Martin proposed the following amendment (JUD1311.001), which was adopted:

Amend the concurrent resolution, as and if amended, by striking the resolution in its entirety and inserting therein the following:

/ A CONCURRENT RESOLUTION

TO RECOGNIZE APRIL AS CHILD ABUSE PREVENTION MONTH.

Whereas, child abuse is a pervasive problem in South Carolina and the nation as a whole; and

Whereas, in 1998 alone there were 20,686 reported cases of child abuse involving almost 46,000 children in our State; and

Whereas, sixteen South Carolina children died as a result of child abuse in 1998, with an average of one child death per month; and

Whereas, fourteen of the sixteen child deaths involved children under the age of three; and

Whereas, fourteen South Carolina parents were charged in 1998 with their child's death by abuse; and

Whereas, death or emotional scarring caused by child abuse is a horrendous reminder of the severity of this heinous crime; and

Whereas, South Carolina recognizes that the abuse of even one child is one too many, as children are our most valuable resource. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That April is recognized as Child Abuse Prevention Month. /

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted, as amended, and ordered sent to the House.

CARRIED OVER

S. 771 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS, SO AS TO AUTHORIZE ANY PERSON AT LEAST SIXTEEN YEARS OF AGE WHO HAS COMPLETED THE NECESSARY TRAINING AND WHO IS NOT OTHERWISE DISQUALIFIED BY LAW TO BE APPOINTED AS A POLL MANAGER'S ASSISTANT BY THE APPROPRIATE COUNTY ELECTION COMMISSION, AND TO PROVIDE THAT NO POLLING PLACE MAY EMPLOY MORE THAN ONE ASSISTANT POLL MANAGER. MANAGER'S ASSISTANT BY THE APPROPRIATE COUNTY ELECTION COMMISSION.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

S. 1272 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THE OFFENSE PERTAINS TO ANY PERSON WHO COMMITS ABUSE AND NEGLECT WHICH RESULTS IN THE DEATH OF A CHILD; AND BY ADDING SECTION 16-3-95, SO AS TO PROVIDE FOR THE OFFENSE OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE OFFENSE; AND TO AMEND SECTION 16-1-60, SO AS TO PROVIDE THAT THE OFFENSES OF INFLICTING GREAT BODILY INJURY UPON A CHILD AND ALLOWING GREAT BODILY INJURY TO BE INFLICTED UPON A CHILD ARE ADDED TO THE LIST OF VIOLENT CRIMES.

On motion of Senator MOORE, with unanimous consent, the Bill was carried over.

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

MOTION ADOPTED

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

RECESS

At 11:55 P.M., on motion of Senator DRUMMOND, the Senate receded from business for the purposes of attending the Joint Assembly.

JOINT ASSEMBLY
Elections

At Twelve O'clock Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 4689 (Word version) -- Representative Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 12, 2000, AT 12:00 NOON AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, THE WIL LOU GRAY OPPORTUNITY SCHOOL, WINTHROP UNIVERSITY, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2000 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

Election to the Board of Trustees for The Citadel

The PRESIDENT announced that nominations were in order to elect successors to two positions on the Board of Trustees for The Citadel.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Arthur H. Baiden III of Greenville, William C. Coffey, Jr. of Manning, W. Henry Johnson, Jr. of Lake City, Maj. Richard D. Leonard of Columbia, William F. Sachs of Columbia and Allison Dean Wright of Columbia had been screened and found qualified to serve.

On motion of Representative Phillips, the names of Arthur H. Baiden III, William C. Coffey, Jr., W. Henry Johnson, Jr., Maj. Richard D. Leonard, William F. Sachs and Allison Dean Wright were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Baiden:

Anderson               Bryan                  Fair
Smith, J. Verne        Thomas

Total--5

The following named Senators voted for Mr. Coffey:

Anderson               Elliott                Hayes
Holland                Hutto                  Jackson
Land                   McConnell              McGill
Mescher                Moore                  Patterson
Reese                  Setzler                Thomas
Washington

Total--16

The following named Senators voted for Mr. Johnson:

Alexander              Bauer                  Branton
Elliott                Ford                   Glover
Gregory                Hayes                  Land
Leatherman             Leventis               McGill
Peeler                 Russell                Ryberg
Short                  Smith, J. Verne

Total--17

The following named Senators voted for Maj. Leonard:

Giese

Total--1

The following named Senators voted for Mr. Sachs:

Bauer                  Bryan                  Courson
Fair                   Giese                  Glover
Holland                Jackson                Martin
Matthews               Passailaigue           Patterson
Ravenel                Richardson             Wilson

Total--15

The following named Senators voted for Ms. Wright:

Alexander              Branton                Courson
Ford                   Gregory                Grooms
Hutto                  Leatherman             Leventis
Martin                 Matthews               McConnell
Mescher                Moore                  Passailaigue
Peeler                 Ravenel                Reese
Richardson             Russell                Ryberg
Setzler                Short                  Washington
Wilson

Total--25

Recorded Vote

Senator RANKIN desired to be recorded as voting in favor of Mr. Coffey and Mr. Johnson.

On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Baiden:

Barrett                Battle                 Campsen
Cato                   Easterday              Hamilton
Harrison               Haskins                Koon
Leach                  Littlejohn             Loftis
McLeod, W.             McMahand               Rice
Sandifer               Simrill                Smith, R.
Wilkins

Total--19

The following named Representatives voted for Mr. Coffey:

Askins                 Bailey                 Brown, G.
Canty                  Carnell                Chellis
Clyburn                Dantzler               Delleney
Emory                  Gamble                 Govan
Harris                 Harvin                 Hayes
Hines, J.              Hines, M.              Jennings
Keegan                 Kennedy                Klauber
Knotts                 Maddox                 McKay
McLeod, M.             Miller                 Neal, J.M.
Neilson                Ott                    Perry
Phillips               Rhoad                  Robinson
Sheheen                Trotter                Webb
Whatley                Woodrum                Young-Brickell

Total--39

The following named Representatives voted for Mr. Johnson:

Allen                  Askins                 Bailey
Barfield               Barrett                Battle
Bowers                 Brown, G.              Brown, H.
Brown, J.              Canty                  Carnell
Clyburn                Cotty                  Davenport
Easterday              Emory                  Fleming
Gourdine               Harris                 Harvin
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Inabinett
Jennings               Kelley                 Kennedy
Kirsh                  Law                    Lee
Lloyd                  Lucas                  Mack
Maddox                 Martin                 McCraw
McGee                  McKay                  McLeod, M.
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Perry                  Phillips
Rhoad                  Riser                  Rutherford
Scott                  Sharpe                 Sheheen
Smith, D.              Smith, F.              Smith, J.
Stille                 Stuart                 Webb
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum

Total--69

The following named Representatives voted for Maj. Leonard:

Total--0

The following named Representatives voted for Mr. Sachs:

Allison                Altman                 Bales
Barfield               Bowers                 Breeland
Brown, H.              Brown, J.              Campsen
Chellis                Cobb-Hunter            Cooper
Cotty                  Dantzler               Delleney
Edge                   Frye                   Gilham
Govan                  Harrell                Harrison
Hawkins                Hinson                 Howard
Huggins                Keegan                 Kirsh
Klauber                Knotts                 Koon
Limehouse              Littlejohn             Lourie
McCraw                 McGee                  McLeod, W.
Meacham-Richardson     Quinn                  Rice
Riser                  Rodgers                Sandifer
Scott                  Seithel                Sharpe
Simrill                Smith, R.              Taylor
Townsend               Tripp                  Walker
Whatley                Wilkes                 Witherspoon

Total--54

The following named Representatives voted for Ms. Wright:

Allen                  Allison                Altman
Bales                  Breeland               Cato
Cobb-Hunter            Cooper                 Davenport
Edge                   Fleming                Frye
Gamble                 Gilham                 Gourdine
Hamilton               Harrell                Haskins
Hawkins                Hinson                 Hosey
Huggins                Inabinett              Kelley
Law                    Leach                  Lee
Limehouse              Lloyd                  Loftis
Lourie                 Mack                   Martin
McMahand               Meacham-Richardson     Moody-Lawrence
Neal, J.H.             Parks                  Pinckney
Quinn                  Robinson               Rodgers
Rutherford             Seithel                Smith, D.
Smith, F.              Smith, J.              Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Walker
Whipper                Wilder                 Young-Brickell

Total--57

RECAPITULATION

Total number of Senators voting 40
Total number of Representatives voting 120
Grand Total 160
Necessary to a choice 81
Of which Mr. Baiden received 24
Of which Mr. Coffey received 55
Of which Mr. Johnson received 86
Of which Maj. Leonard received 1
Of which Mr. Sachs received 69
Of which Ms. Wright received 82

Whereupon, the PRESIDENT announced that the Honorable W. Henry Johnson and the Honorable Allison Dean Wright were elected to the two positions on the Board of Trustees for The Citadel for the terms prescribed by law.

Election to the Board of Trustees for
Clemson University

The PRESIDENT announced that nominations were in order to elect successors to three positions on the Board of Trustees for Clemson University.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Walter Mack Burris of Columbia, Louis B. Lynn of Columbia, Charles E. Moore of Woodruff, William C. Smith, Jr. of Columbia and Allen P. Wood of Florence had been screened and found qualified to serve.

On motion of Representative Phillips, the names of Walter Mack Burris, Louis B. Lynn, Charles E. Moore, William C. Smith, Jr. and Allen P. Wood were placed in nomination.

On motion of Senator REESE, the name of Mr. Charles E. Moore was withdrawn from consideration.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Burriss:

Bauer

Total -- 1

The following named Senators voted for Mr. Lynn:

Alexander              Anderson               Bauer
Branton                Bryan                  Courson
Elliott                Fair                   Ford
Giese                  Glover                 Gregory
Grooms                 Hayes                  Holland
Hutto                  Jackson                Land
Leatherman             Leventis               Martin
Matthews               McConnell              McGill
Mescher                Moore                  Passailaigue
Patterson              Peeler                 Ravenel
Reese                  Richardson             Russell
Ryberg                 Setzler                Short
Smith, J. Verne        Thomas                 Waldrep
Washington             Wilson

Total--41

The following named Senators voted for Mr. Smith:

Alexander              Anderson               Bauer
Branton                Bryan                  Courson
Elliott                Fair                   Ford
Giese                  Glover                 Gregory
Grooms                 Hayes                  Holland
Hutto                  Jackson                Land
Leatherman             Leventis               Martin
Matthews               McConnell              McGill
Mescher                Moore                  Passailaigue
Patterson              Peeler                 Ravenel
Reese                  Richardson             Russell
Ryberg                 Setzler                Short
Smith, J. Verne        Thomas                 Waldrep
Washington             Wilson

Total--41

The following named Senators voted for Mr. Wood:

Alexander              Anderson               Branton
Bryan                  Courson                Elliott
Fair                   Ford                   Giese
Glover                 Gregory                Grooms
Hayes                  Holland                Hutto
Jackson                Land                   Leatherman
Leventis               Martin                 Matthews
McConnell              McGill                 Mescher
Moore                  Passailaigue           Patterson
Peeler                 Ravenel                Reese
Richardson             Russell                Ryberg
Setzler                Short                  Smith, J. Verne
Thomas                 Waldrep                Washington
Wilson

Total--40

On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Burriss:

Total--0

The following named Representatives voted for Mr. Lynn:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Campsen
Canty                  Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 McCraw                 McGee
McKay                  McLeod, M.             McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Perry
Phillips               Pinckney               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Stille                 Stuart
Taylor                 Townsend               Tripp
Trotter                Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--119

The following named Representatives voted for Mr. Smith:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Campsen
Canty                  Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Emory                  Fleming                Frye
Gamble                 Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harris                 Harrison               Harvin
Haskins                Hawkins                Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Maddox                 Martin
McCraw                 McGee                  McKay
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Perry                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Walker
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--117

The following named Representatives voted for Mr. Wood:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Campsen
Canty                  Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 McCraw                 McGee
McKay                  McLeod, M.             McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Perry
Phillips               Pinckney               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Stille                 Stuart
Taylor                 Townsend               Tripp
Trotter                Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--119

RECAPITULATION

Total number of Senators voting 41
Total number of Representatives voting 120
Grand Total 161
Necessary to a choice 81
Of which Mr. Burriss received 1
Of which Mr. Lynn received 160
Of which Mr. Smith received 158
Of which Mr. Wood received 159

Whereupon, the PRESIDENT announced that the Honorable Louis B. Lynn, the Honorable William C. Smith, Jr. and the Honorable Allen P. Wood were elected to the three positions on the Board of Trustees for Clemson University for the terms prescribed by law.

Election to the Board of Trustees
for the College of Charleston
1st District, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston from the 1st District, Seat #2.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. L. Cherry Daniel of Charleston had been screened and found qualified to serve and placed the name of L. Cherry Daniel in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable L. Cherry Daniel was elected to a position on the Board of Trustees for the College of Charleston from the 1st District, Seat #2 for the term prescribed by law.

Election to the Board of Trustees
for the College of Charleston
2nd District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston from the 2nd District, Seat #4.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Joel H. Smith of Columbia had been screened and found qualified to serve and placed the name of Mr. Joel H. Smith in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Joel L. Smith was elected to a position on the Board of Trustees for the College of Charleston from the 2nd District, Seat #4 for the term prescribed by law.

Election to the Board of Trustees
for the College of Charleston
3rd District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston from the 3rd District, Seat #6.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. J. Philip Bell of Greenwood had been screened and found qualified to serve and placed the name of Mr. J. Philip Bell in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Philip Bell was elected to a position on the Board of Trustees for the College of Charleston from the 3rd District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees
for the College of Charleston
4th District, Seat #8

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston from the 4th District, Seat #8.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Merl F. Code of Greenville and Mr. Emil E. Spieth of Spartanburg had been screened and found qualified to serve.

Representative Phillips placed the names of Mr. Merl F. Code and Mr. Emil E. Spieth in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Code:

Alexander              Anderson               Bauer
Branton                Bryan                  Courson
Elliott                Fair                   Ford
Giese                  Glover                 Gregory
Grooms                 Hayes                  Holland
Hutto                  Jackson                Land
Leatherman             Leventis               Martin
Matthews               McConnell              McGill
Mescher                Moore                  Passailaigue
Patterson              Peeler                 Ravenel
Reese                  Richardson             Russell
Ryberg                 Setzler                Short
Smith, J. Verne        Thomas                 Waldrep
Washington             Wilson

Total--41

The following named Senators voted for Mr. Spieth:

Total--0

On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Code:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Campsen
Canty                  Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hayes                  Hines, J.              Hines, M.
Hinson                 Hosey                  Howard
Huggins                Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 McCraw                 McGee
McKay                  McLeod, M.             McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Perry
Phillips               Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Sharpe                 Sheheen
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Trotter                Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum

Total--115

The following named Representatives voted for Mr. Spieth:

Total - 0

RECAPITULATION

Total number of Senators voting 41
Total number of Representatives voting 115
Grand Total 156
Necessary to a choice 79
Of which Mr. Code received 157
Of which Mr. Spieth received 0

Whereupon, the PRESIDENT announced that the Honorable Merle F. Code was elected to a position on the Board of Trustees for the College of Charleston from the 4th District, Seat #8 for the term prescribed by law.

Election to the Board of Trustees
for the College of Charleston
5th District, Seat #10

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston from the 5th District, Seat #10.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. J. Vincent Price, Jr. of Gaffney had been screened and found qualified to serve and placed the name of Mr. J. Vincent Price, Jr. in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. Vincent Price, Jr. was elected to a position on the Board of Trustees for the College of Charleston from the 5th District, Seat #10 for the term prescribed by law.

Election to the Board of Trustees
for the College of Charleston
6th District, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston from the 6th District, Seat #12.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mrs. Marie M. Land of Manning had been screened and found qualified to serve and placed the name of Mrs. Marie M. Land in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Marie M. Land was elected to a position on the Board of Trustees for the College of Charleston from the 6th District, Seat #12 for the term prescribed by law.

Election to the Board of Trustees
for the College of Charleston
At-Large Position, Seat #14

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, At-Large Position, Seat #14.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Timothy N. Dangerfield of Aiken and Mr. Zeno Montgomery of Columbia had been screened and found qualified to serve.

Representative Phillips placed the name of Mr. Timothy N. Dangerfield in nomination.

On motion of Representative Phillips, the name of Mr. Zeno Montgomery was withdrawn from consideration.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Timothy N. Dangerfield was elected to a position on the Board of Trustees for the College of Charleston, At-Large Position, Seat #14 for the term prescribed by law.

Election to the Board of Trustees for Coastal Carolina University
At-Large Position, Seat #15

The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for Coastal Carolina University, At-Large Position, Seat #15.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Timothy R. Meacham of Florence, Mr. Daniel W. R. Moore, Sr. of North Myrtle Beach and Mr. Ronald R. Norton of Murrells Inlet had been screened and found qualified to serve.

On motion of Representative Phillips, the names of Mr. Timothy R. Meacham, Mr. Daniel W. R. Moore, Sr. and Mr. Ronald R. Norton were placed in nomination.

On motion of Representative Phillips, the names of Mr. Timothy R. Meacham and Mr. Ronald R. Norton were withdrawn from consideration.

On motion of Representative Phillips, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Daniel W. R. Moore, Sr. was elected to the Board of Trustees for Coastal Carolina University, At-Large Position, Seat #15 for the term prescribed by law.

Election to the Board of Trustees
for Francis Marion University
1st District, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University from the 1st District, Seat #2.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Melissa Johnson Emery of Myrtle Beach had been screened and found qualified to serve and placed the name of Ms. Melissa Johnson Emery in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Melissa Johnson Emery was elected to a position on the Board of Trustees for Francis Marion University from the 1st District, Seat #2 for the term prescribed by law.

Election to the Board of Trustees
for Francis Marion University
2nd District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University from the 2nd District, Seat #4.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Gail Ness Richardson of Barnwell had been screened and found qualified to serve and placed the name of Ms. Gail Ness Richardson in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Gail Ness Richardson was elected to a position on the Board of Trustees for Francis Marion University from the 2nd District, Seat #4 for the term prescribed by law.

Election to the Board of Trustees
for Francis Marion University
3rd District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University from the 3rd District, Seat #6.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Patricia C. Edmonds of Greenwood had been screened and found qualified to serve and placed the name of Ms. Patricia C. Edmonds in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Patricia C. Edmonds was elected to a position on the Board of Trustees for Francis Marion University from the 3rd District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees
for Francis Marion University
4th District, Seat #8

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University from the 4th District, Seat #8.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Alex Kiriakides III of Greenville had been screened and found qualified to serve and placed the name of Mr. Alex Kiriakides in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Alex Kiriakides was elected to a position on the Board of Trustees for Francis Marion University from the 4th District, Seat #8 for the term prescribed by law.

Election to the Board of Trustees
for Francis Marion University
5th District, Seat #10

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University from the 5th District, Seat #10.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Lorraine H. Knight of Hartsville had been screened and found qualified to serve and placed the name of Ms. Lorraine H. Knight in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Lorraine H. Knight was elected to a position on the Board of Trustees for Francis Marion University from the 5th District, Seat #10 for the term prescribed by law.

Election to the Board of Trustees
for Francis Marion University
6th District, Seat #11

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University from the 6th District, Seat #11.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. James A. Brown, Jr. of Florence had been screened and found qualified to serve and placed the name of Mr. James A. Brown, Jr. in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James A. Brown, Jr. was elected to a position on the Board of Trustees for Francis Marion University from the 6th District, Seat #11 for the term prescribed by law.

Election to the Board of Trustees
for Francis Marion University
6th District, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University from the 6th District, Seat #12.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. William W. Coleman, Jr. of Florence had been screened and found qualified to serve and placed the name of Mr. William W. Coleman, Jr. in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William W. Coleman, Jr. was elected to a position on the Board of Trustees for Francis Marion University from the 6th District, Seat #12 for the term prescribed by law.

Election to the Board of Trustees
for Francis Marion University
At-Large Position, Seat #14

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Francis Marion University from the At-Large Position, Seat #14.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert W. Williams, Jr. of Effingham had been screened and found qualified to serve and placed the name of Mr. Robert W. Williams, Jr. in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert W. Williams, Jr. was elected to a position on the Board of Trustees for Francis Marion University from the At-Large Position, Seat #14 for the term prescribed by law.

Election to the Board of Trustees for
Lander University
1st District, Seat #2

The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for Lander University, 1st District, Seat #2.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Robin R. Agnew of Myrtle Beach and Mr. Anthony Noury of Mt. Pleasant had been screened and found qualified to serve.

On motion of Representative Phillips, the names of Ms. Robin R. Agnew and Mr. Anthony Noury were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Agnew:

Alexander              Anderson               Bryan
Courson                Elliott                Fair
Ford                   Giese                  Glover
Gregory                Holland                Jackson
Land                   Leatherman             Leventis
Martin                 Matthews               McConnell
McGill                 Moore                  Patterson
Peeler                 Rankin                 Ravenel
Reese                  Richardson             Russell
Setzler                Short                  Thomas
Washington             Wilson

Total--32

The following named Senators voted for Mr. Noury:

Bauer                  Branton                Grooms
Hayes                  Hutto                  Mescher
Passailaigue           Ryberg                 Waldrep

Total--9

On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Ms. Agnew:

Allison                Bailey                 Barfield
Battle                 Brown, G.              Brown, H.
Brown, J.              Carnell                Clyburn
Cobb-Hunter            Cooper                 Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Frye
Gamble                 Gilham                 Gourdine
Govan                  Harris                 Harrison
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              Hosey
Keegan                 Kelley                 Kennedy
Knotts                 Koon                   Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Maddox                 Martin                 McCraw
McGee                  McKay                  McLeod, M.
McLeod, W.             McMahand               Miller
Moody-Lawrence         Neal, J.M.             Neilson
Ott                    Parks                  Phillips
Rodgers                Rutherford             Scott
Sheheen                Smith, D.              Smith, J.
Smith, R.              Stuart                 Townsend
Trotter                Walker                 Whatley
Wilkes                 Wilkins                Woodrum

Total--72

The following named Representatives voted for Mr. Noury:

Allen                  Altman                 Askins
Bales                  Barrett                Bowers
Breeland               Campsen                Chellis
Cotty                  Dantzler               Hamilton
Harrell                Hawkins                Hinson
Huggins                Inabinett              Kirsh
Klauber                Law                    Leach
Mack                   Perry                  Rhoad
Rice                   Riser                  Robinson
Sandifer               Simrill                Stille
Taylor                 Tripp                  Webb
Whipper                Wilder

Total--35

RECAPITULATION

Total number of Senators voting 41
Total number of Representatives voting 107
Grand Total 148
Necessary to a choice 75
Of which Mr. Agnew received 104
Of which Mr. Noury received 44

Whereupon, the PRESIDENT announced that the Honorable Robin R. Agnew was elected to the Board of Trustees for Lander University, from the 1st District, Seat #2 for the term prescribed by law.

Election to the Board of Trustees for
Lander University
2nd District, Seat #4

The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for Lander University, 2nd District, Seat #4.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. George R. Starnes of Columbia and Mr. Peter Buttress of Lexington had been screened and found qualified to serve.

On motion of Representative Phillips, the names of Mr. George R. Starnes and Mr. Peter Buttress were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Starnes:

Alexander              Anderson               Bauer
Branton                Bryan                  Courson
Elliott                Giese                  Glover
Grooms                 Hayes                  Holland
Hutto                  Jackson                Land
Leventis               Martin                 Matthews
McConnell              McGill                 Mescher
Moore                  Patterson              Peeler
Rankin                 Ravenel                Reese
Richardson             Russell                Ryberg
Setzler                Short                  Thomas
Waldrep                Washington             Wilson

Total--36

The following named Senators voted for Mr. Buttress:

Total--0

On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Starnes:

Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Carnell                Chellis
Clyburn                Cobb-Hunter            Cotty
Davenport              Easterday              Emory
Fleming                Frye                   Gamble
Gilham                 Gourdine               Govan
Hamilton               Harris                 Harrison
Harvin                 Haskins                Hawkins
Hayes                  Hines, J.              Hines, M.
Hosey                  Howard                 Huggins
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Leach                  Limehouse              Lloyd
Loftis                 Lourie                 Lucas
Mack                   Maddox                 Martin
McCraw                 McLeod, M.             McLeod, W.
McMahand               Moody-Lawrence         Neilson
Ott                    Parks                  Perry
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith, F.              Smith, J.              Smith, R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Walker
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum

Total--94

The following named Representatives voted for Mr. Buttress:

Total--0

RECAPITULATION

Total number of Senators voting 36
Total number of Representatives voting 94
Grand Total 130
Necessary to a choice 66
Of which Mr. Starnes received 130
Of which Mr. Buttress received 0

Whereupon, the PRESIDENT announced that the Honorable George R. Starnes was elected to the Board of Trustees for Lander University from the 2nd District, Seat #4 for the term prescribed by law.

Election to the Board of Trustees for
Lander University
3rd District, Seat #5

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University from the 3rd District, Seat #5.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Mamie W. Nicholson of Greenwood had been screened and found qualified to serve and placed the name of Ms. Mamie W. Nicholson in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Mamie W. Nicholson was elected to a position on the Board of Trustees for Lander University from the 3rd District, Seat #5 for the term prescribed by law.

Election to the Board of Trustees for
Lander University
3rd District, Seat #6

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University from the 3rd District, Seat #6.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Finis Horne of Greenwood had been screened and found qualified to serve and placed the name of Mr. Finis Horne in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Finis Horne was elected to a position on the Board of Trustees for Lander University from the 3rd District, Seat #6 for the term prescribed by law.

Election to the Board of Trustees for
Lander University
4th District, Seat #8

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University from the 4th District, Seat #8.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. C. Tyrone Gilmore of Spartanburg been screened and found qualified to serve and placed the name of Mr. C. Tyrone Gilmore in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable C. Tyrone Gilmore was elected to a position on the Board of Trustees for Lander University from the 4th District, Seat #8 for the term prescribed by law.

Election to the Board of Trustees for
Lander University
5th District, Seat #10

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University from the 5th District, Seat #10.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. S. Anne Walker of Sumter had been screened and found qualified to serve and placed the name of Ms. S. Anne Walker in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable S. Anne Walker was elected to a position on the Board of Trustees for Lander University from the 5th District, Seat #10 for the term prescribed by law.

Election to the Board of Trustees for
Lander University
6th District, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University from the 6th District, Seat #12.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Walter D. Smith of Florence had been screened and found qualified to serve and placed the name of Mr. Walter D. Smith in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Walter D. Smith was elected to a position on the Board of Trustees for Lander University from the 6th District, Seat #12 for the term prescribed by law.

Election to the Board of Trustees for
Lander University
At-Large Position, Seat #14

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University from the At-Large Position, Seat #14.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Ms. Ann B. Bowen of Greenwood had been screened and found qualified to serve and placed the name of Ms. Ann B. Bowen in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ann B. Bowen was elected to a position on the Board of Trustees for Lander University from the At-Large Position, Seat #14 for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina
1st District (non-medical)

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Medical University of South Carolina from the 1st District, non-medical position.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Melvyn Berlinsky of Charleston had been screened and found qualified to serve and placed the name of Mr. Melvyn Berlinsky in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Melvyn Berlinsky was elected to a position on the Board of Trustees for the Medical University of South Carolina from the 1st District, non-medical position for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina
2nd District (non-medical)

The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for the Medical University of South Carolina, 2nd District, non-medical position.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Donald McElveen of Columbia, Mr. William F. Hoffman of Blythewood and Mr. Donald V. Richardson III of Columbia had been screened and found qualified to serve.

On motion of Representative Phillips, the name of Mr. Donald McElveen and Mr. William F. Hoffman were placed in nomination.

On motion of Representative Phillips, the name of Mr. Donald V. Richardson III was withdrawn from consideration.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. McElveen:

Alexander              Anderson               Bauer
Branton                Bryan                  Courson
Elliott                Fair                   Ford
Giese                  Glover                 Gregory
Grooms                 Hayes                  Holland
Hutto                  Jackson                Land
Leatherman             Leventis               Martin
Matthews               McConnell              McGill
Mescher                Moore                  Passailaigue
Patterson              Peeler                 Rankin
Ravenel                Reese                  Richardson
Russell                Ryberg                 Setzler
Short                  Thomas                 Waldrep
Washington             Wilson

Total--41

The following named Senators voted for Mr. Hoffman:

Total--0

On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. McElveen:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Brown, T.
Campsen                Canty                  Carnell
Chellis                Clyburn                Cobb-Hunter
Cotty                  Dantzler               Davenport
Delleney               Easterday              Emory
Fleming                Frye                   Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 Martin
McCraw                 McLeod, M.             McLeod, W.
McMahand               Miller                 Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Perry                  Phillips
Pinckney               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Sharpe                 Sheheen
Simrill                Smith, F.              Smith, J.
Smith, R.              Stille                 Stuart
Taylor                 Townsend               Tripp
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum

Total--107

The following named Representatives voted for Mr. Hoffman:

Total--0

RECAPITULATION

Total number of Senators voting 41
Total number of Representatives voting 107
Grand Total 148
Necessary to a choice 75
Of which Mr. McElveen received 148
Of which Mr. Hoffman received 0

Whereupon, the PRESIDENT announced that the Honorable Donald McElveen was elected to the Board of Trustees for the Medical University of South Carolina from the 2nd District, non-medical position for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina
3rd District (non-medical)

The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for the Medical University of South Carolina, 3rd District, non-medical position.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Fred T. Moore of Honea Path and Mr. Charles W. Schulz of Greenwood had been screened and found qualified to serve.

On motion of Representative Phillips, the name of Mr. Fred T. Moore was placed in nomination.

On motion of Representative Phillips, the name of Mr. Charles W. Schulz was withdrawn from consideration.

On motion of Representative Phillips, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Fred T. Moore was elected to the Board of Trustees for the Medical University of South Carolina from the 3rd District, non-medical position for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina
4th District (medical)

The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for the Medical University of South Carolina, 4th District, medical position.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. Charles B. Thomas, Jr. of Greenville and Dr. Harold E. Fleming of Spartanburg had been screened and found qualified to serve.

On motion of Representative Phillips, the name of Dr. Charles B. Thomas, Jr. was placed in nomination.

On motion of Representative Phillips, the name of Dr. Harold E. Fleming was withdrawn from consideration.

On motion of Representative Phillips, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Charles B. Thomas, Jr. was elected to the Board of Trustees for the Medical University of South Carolina from the 4th District, medical position for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina
5th District (medical)

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Medical University of South Carolina from the 5th District, medical position.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. Cotesworth P. Fishburne, Jr. of Rock Hill had been screened and found qualified to serve and placed the name of Dr. Cotesworth P. Fishburne, Jr. in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Cotesworth P. Fishburne, Jr. was elected to a position on the Board of Trustees for the Medical University of South Carolina from the 5th District, medical position for the term prescribed by law.

Election to the Board of Trustees for
the Medical University of South Carolina
6th District (medical)

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Medical University of South Carolina from the 6th District, medical position.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Dr. E. Conyers O'Bryan, Jr. of Florence had been screened and found qualified to serve and placed the name of Dr. E. Conyers O'Bryan, Jr. in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable E. Conyers O'Bryan, Jr. was elected to a position on the Board of Trustees for the Medical University of South Carolina from the 6th District, medical position for the term prescribed by law.

Election to the Board of Trustees for
South Carolina State University
At-Large Position, Seat #11

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for South Carolina State University from the At-Large Position, Seat #11.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. John Williams, Jr. of Orangeburg had been screened and found qualified to serve and placed the name of Mr. John Williams, Jr. in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John Williams, Jr. was elected to a position on the Board of Trustees for South Carolina State University from the At-Large Position, Seat #11 for the term prescribed by law.

Election to the Board of Trustees for
South Carolina State University
At-Large Position, Seat #12

The PRESIDENT announced that nominations were in order to elect a successor to the Board of Trustees for South Carolina State University from the At-Large Position, Seat #12.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. George C. Bradley of Summerville, Ms. Grace H. Salters of Orangeburg, Mr. Brantley E. Evans, Jr. of Columbia and Mr. Alfonso J. Evans, Sr. of Charleston had been screened and found qualified to serve.

On motion of Representative Phillips, the names of Ms. Grace H. Salters and Mr. Brantley E. Evans, Jr. were placed in nomination.

On motion of Representative Phillips, the names of Mr. George Bradley and Mr. Alfonso J. Evans, Sr. were withdrawn from consideration.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Salters:

Alexander              Anderson               Bryan
Fair                   Glover                 Leatherman
Martin                 Matthews               Passailaigue
Peeler                 Ravenel                Washington

Total--12

The following named Senators voted for Mr. Evans, Jr.:

Bauer                  Branton                Courson
Elliott                Ford                   Giese
Grooms                 Hayes                  Holland
Hutto                  Jackson                Land
Leventis               McGill                 Mescher
Moore                  Patterson              Rankin
Reese                  Richardson             Russell
Setzler                Short                  Smith, J. Verne
Thomas                 Waldrep                Wilson

Total--27

On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Ms. Salters:

Altman                 Barrett                Bowers
Breeland               Brown, H.              Brown, T.
Campsen                Canty                  Clyburn
Dantzler               Delleney               Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Hawkins
Hines, J.              Hines, M.              Hinson
Hosey                  Huggins                Jennings
Keegan                 Kelley                 Koon
Law                    Leach                  Littlejohn
Loftis                 Mack                   McGee
Perry                  Riser                  Robinson
Rodgers                Sandifer               Scott
Sharpe                 Smith, R.              Taylor
Trotter                Webb                   Whatley
Whipper                Wilder                 Witherspoon
Woodrum

Total--49

The following named Representatives voted for Mr. Evans, Jr.:

Allen                  Askins                 Bailey
Bales                  Barfield               Battle
Brown, G.              Brown, J.              Carnell
Chellis                Cobb-Hunter            Cooper
Cotty                  Davenport              Edge
Emory                  Fleming                Frye
Gamble                 Harris                 Harvin
Haskins                Hayes                  Howard
Inabinett              Kennedy                Kirsh
Klauber                Knotts                 Lee
Limehouse              Lloyd                  Lourie
Lucas                  Martin                 McCraw
McKay                  McLeod, M.             McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rice
Rutherford             Sheheen                Simrill
Smith, F.              Smith, J.              Stille
Stuart                 Tripp                  Walker
Wilkes                 Wilkins

Total--62

RECAPITULATION

Total number of Senators voting 39
Total number of Representatives voting 111
Grand Total 150
Necessary to a choice 76
Of which Ms. Salters received 61
Of which Mr. Evans, Jr. received 89

Whereupon, the PRESIDENT announced that the Honorable Brantley E. Evans, Jr. was elected to the Board of Trustees for South Carolina State University from the At-Large Position, Seat #12 for the term prescribed by law.

Election to the Board of Trustees for
the University of South Carolina
2nd Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina from the 2nd Judicial Circuit.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Miles Loadholt of Barnwell had been screened and found qualified to serve and placed the name of Mr. Miles Loadholt in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Miles Loadholt was elected to a position on the Board of Trustees for the University of South Carolina from the 2nd Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for
the University of South Carolina
4th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina from the 4th Judicial Circuit.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. J. DuPre Miller of Bennettsville had been screened and found qualified to serve and placed the name of Mr. J. DuPre Miller in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable J. DuPre Miller was elected to a position on the Board of Trustees for the University of South Carolina from the 4th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for
the University of South Carolina
6th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina from the 6th Judicial Circuit.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. James Bradley of Lancaster had been screened and found qualified to serve and placed the name of Mr. James Bradley in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James Bradley was elected to a position on the Board of Trustees for the University of South Carolina from the 6th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for
the University of South Carolina
8th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina from the 8th Judicial Circuit.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Herbert C. Adams of Laurens had been screened and found qualified to serve and placed the name of Mr. Herbert C. Adams in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Herbert C. Adams was elected to a position on the Board of Trustees for the University of South Carolina from the 8th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for
the University of South Carolina
10th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina from the 10th Judicial Circuit.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Robert N. McLellan of Senecca had been screened and found qualified to serve and placed the name of Mr. Robert N. McLellan in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert N. McLellan was elected to a position on the Board of Trustees for the University of South Carolina from the 10th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for
the University of South Carolina
14th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina from the 14th Judicial Circuit.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mrs. Helen C. Harvey of Beaufort had been screened and found qualified to serve and placed the name of Mrs. Helen C. Harvey in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Helen C. Harvey was elected to a position on the Board of Trustees for the University of South Carolina from the 14th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for
the University of South Carolina
15th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina from the 15th Judicial Circuit.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. M. Wayne Staton of Conway had been screened and found qualified to serve and placed the name of Mr. M. Wayne Staton in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable M. Wayne Staton was elected to a position on the Board of Trustees for the University of South Carolina from the 15th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for
the University of South Carolina
16th Judicial Circuit

The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the University of South Carolina from the 16th Judicial Circuit.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Sam R. Foster II of Rock Hill had been screened and found qualified to serve and placed the name of Mr. Sam R. Foster II in nomination.

Representative Phillips moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Sam R. Foster II was elected to a position on the Board of Trustees for the University of South Carolina from the 16th Judicial Circuit for the term prescribed by law.

Election to the Board of Trustees for
the Wil Lou Gray Opportunity School

The PRESIDENT announced that nominations were in order to elect successors to four positions on the Board of Trustees for the Wil Lou Gray Opportunity School.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Bryan England of Murrells Inlet, Mr. Samuel Goodwater, Jr. of Beaufort, Mr. Charles E. Jackson of Lexington, Ms. Wilhelmina McBride of Columbia, Ms. Mary F. Newman of Cayce, Mr. Carlisle Roddey of Chester, Ms. Diana Taylor of Columbia and Ms. Suzanne Turner of Gaffney had been screened and found qualified to serve.

On motion of Representative Phillips, the names of Mr. Bryan England, Mr. Samuel Goodwater, Jr., Mr. Charles E. Jackson, Ms. Wilhelmina McBride, Ms. Mary F. Newman, Mr. Carlisle Roddey, Ms. Diana Taylor and Ms. Suzanne Turner were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. England:

Bauer                  Branton                Elliott
Fair                   Grooms                 Hayes
McGill                 Mescher                Rankin
Ravenel                Reese                  Ryberg
Thomas

Total--13

The following named Senators voted for Mr. Goodwater:

Total--0

The following named Senators voted for Mr. Jackson:

Courson                Grooms                 McConnell
Ravenel                Smith, J. Verne        Waldrep
Wilson

Total--7

The following named Senators voted for Ms. McBride:

Anderson               Branton                Bryan
Courson                Elliott                Fair
Ford                   Giese                  Glover
Grooms                 Hayes                  Holland
Hutto                  Jackson                Land
Leatherman             Leventis               Martin
Matthews               Moore                  Passailaigue
Patterson              Peeler                 Richardson
Russell                Setzler                Short
Smith, J. Verne        Thomas                 Washington
Wilson

Total--31

The following named Senators voted for Ms. Newman:

Anderson               Bauer                  Branton
Bryan                  Courson                Fair
Ford                   Giese                  Glover
Grooms                 Hayes                  Holland
Hutto                  Jackson                Land
Leatherman             Leventis               Martin
Matthews               McConnell              McGill
Moore                  Passailaigue           Patterson
Peeler                 Rankin                 Reese
Richardson             Russell                Ryberg
Setzler                Short                  Smith, J. Verne
Thomas                 Waldrep                Washington
Wilson

Total--37

The following named Senators voted for Mr. Roddey:

Anderson               Bauer                  Bryan
Elliott                Ford                   Glover
Gregory                Holland                Hutto
Jackson                Land                   Leatherman
Leventis               Martin                 Matthews
McConnell              McGill                 Mescher
Moore                  Passailaigue           Peeler
Rankin                 Ravenel                Reese
Richardson             Russell                Ryberg
Setzler                Short                  Washington

Total--30

The following named Senators voted for Ms. Taylor:

Giese                  Patterson              Waldrep

Total--3

The following named Senators voted for Ms. Turner:

Anderson               Bauer                  Branton
Bryan                  Courson                Elliott
Fair                   Ford                   Giese
Glover                 Hayes                  Holland
Hutto                  Jackson                Land
Leatherman             Leventis               Martin
Matthews               McConnell              McGill
Mescher                Moore                  Passailaigue
Patterson              Peeler                 Rankin
Ravenel                Reese                  Richardson
Russell                Ryberg                 Setzler
Short                  Smith, J. Verne        Thomas
Waldrep                Washington             Wilson

Total--39

On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. England:

Allison                Altman                 Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Campsen
Carnell                Chellis                Clyburn
Dantzler               Edge                   Emory
Fleming                Frye                   Gilham
Gourdine               Hamilton               Harrell
Harris                 Harrison               Harvin
Hayes                  Hines, M.              Hinson
Hosey                  Huggins                Inabinett
Keegan                 Kelley                 Kennedy
Kirsh                  Koon                   Law
Leach                  Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
McCraw                 McGee                  McLeod, M.
McLeod, W.             McMahand               Miller
Neal, J.H.             Neal, J.M.             Neilson
Parks                  Perry                  Phillips
Pinckney               Rhoad                  Rice
Rutherford             Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, J.              Smith, R.
Stille                 Taylor                 Townsend
Tripp                  Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum

Total--88

The following named Representatives voted for Mr. Goodwater:

Inabinett              Lloyd                  Pinckney
Rodgers

Total--4

The following named Representatives voted for Mr. Jackson:

Koon                   Phillips               Riser
Stuart

Total--4

The following named Representatives voted for Ms. McBride:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Battle                 Breeland               Brown, G.
Brown, J.              Brown, T.              Campsen
Canty                  Carnell                Chellis
Clyburn                Cotty                  Davenport
Delleney               Emory                  Fleming
Frye                   Gamble                 Gilham
Gourdine               Govan                  Harrell
Harris                 Harvin                 Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Inabinett              Jennings               Keegan
Kennedy                Kirsh                  Knotts
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Lourie                 Mack                   Maddox
McCraw                 McGee                  McLeod, W.
McMahand               Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Parks
Perry                  Pinckney               Rhoad
Rice                   Robinson               Rodgers
Rutherford             Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Stille                 Townsend
Tripp                  Walker                 Whipper
Wilder                 Wilkes                 Wilkins
Woodrum

Total--85

The following named Representatives voted for Ms. Newman:

Allen                  Allison                Askins
Bailey                 Bales                  Barrett
Breeland               Brown, H.              Canty
Carnell                Chellis                Clyburn
Cotty                  Davenport              Delleney
Edge                   Fleming                Frye
Gamble                 Gilham                 Gourdine
Hamilton               Harris                 Hayes
Hines, J.              Hines, M.              Hosey
Jennings               Keegan                 Kelley
Kennedy                Knotts                 Koon
Law                    Limehouse              Lourie
Lucas                  Maddox                 McGee
McLeod, M.             Moody-Lawrence         Neilson
Ott                    Parks                  Perry
Rice                   Riser                  Robinson
Rodgers                Sheheen                Smith, F.
Smith, J.              Smith, R.              Stuart
Taylor                 Tripp                  Walker
Webb                   Whatley                Wilder
Wilkins                Witherspoon

Total--62

The following named Representatives voted for Mr. Roddey:

Barfield               Barrett                Battle
Brown, G.              Brown, H.              Canty
Cotty                  Dantzler               Davenport
Delleney               Edge                   Emory
Gamble                 Govan                  Hamilton
Harris                 Harvin                 Hines, J.
Howard                 Jennings               Kirsh
Knotts                 Koon                   Law
Leach                  Lee                    Littlejohn
Loftis                 Lucas                  McCraw
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Phillips               Riser                  Robinson
Rutherford             Simrill                Smith, D.
Smith, F.              Stuart                 Taylor
Webb                   Whatley                Wilkes
Witherspoon

Total--52

The following named Representatives voted for Ms. Taylor:

Allen                  Bales                  Barfield
Brown, J.              Huggins                Lee
Mack                   Maddox                 Rutherford
Scott                  Townsend

Total--11

The following named Representatives voted for Ms. Turner:

Allen                  Allison                Altman
Askins                 Bailey                 Barfield
Barrett                Battle                 Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Campsen
Canty                  Carnell                Chellis
Clyburn                Cotty                  Dantzler
Davenport              Delleney               Edge
Emory                  Fleming                Frye
Gamble                 Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Harvin                 Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Howard                 Huggins
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Knotts
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   McCraw
McGee                  McLeod, M.             McLeod, W.
McMahand               Miller                 Moody-Lawrence
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Perry
Phillips               Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Sharpe                 Sheheen
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Tripp                  Walker                 Webb
Whatley                Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum

Total--100

RECAPITULATION

Total number of Senators voting 41
Total number of Representatives voting 103
Grand Total 144
Necessary to a choice 73
Of which Mr. England received 101
Of which Mr. Goodwater received 4
Of which Mr. Jackson received 11
Of which Ms. McBride received 116
Of which Ms. Newman received 99
Of which Mr. Roddey received 82
Of which Ms. Taylor received 14
Of which Ms. Turner received 139

Whereupon, the PRESIDENT announced that the Honorable Bryan England, the Honorable Wilhelmina McBride, the Honorable Mary F. Newman and the Honorable Suzanne Turner were elected to the four positions on the Board of Trustees for the Wil Lou Gray Opportunity School for the terms prescribed by law.

Election to the Board of Trustees for
Winthrop University
At-Large Positions

The PRESIDENT announced that nominations were in order to elect successors to two At-Large Positions on the Board of Trustees for Winthrop University.

Representative Phillips, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mr. Hugh Hadsock, Jr. of West Columbia, Ms. Sandra Nelson of Lancaster, Ms. Glenda P. Owens of Charleston, Ms. Kay Wright Rush of Lexington and Mr. Harold P. Tuttle, Jr. of Rock Hill had been screened and found qualified to serve.

On motion of Representative Phillips, the names of Mr. Hugh Hadsock, Jr., Ms. Glenda P. Owens, Ms. Kay Wright Rush and Mr. Harold P. Tuttle, Jr. were placed in nomination.

The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Hadsock:

Setzler                Waldrep                Wilson

Total--3

The following named Senators voted for Ms. Owens:

Alexander              Anderson               Bauer
Branton                Bryan                  Courson
Elliott                Fair                   Glover
Gregory                Grooms                 Hayes
Holland                Hutto                  Land
Leatherman             Leventis               Martin
McConnell              McGill                 Mescher
Moore                  Passailaigue           Patterson
Peeler                 Rankin                 Ravenel
Reese                  Richardson             Russell
Ryberg                 Short                  Smith, J. Verne
Thomas                 Washington

Total--35

The following named Senators voted for Ms. Rush:

Giese                  Setzler                Wilson

Total--3

The following named Senators voted for Mr. Tuttle:

Alexander              Anderson               Bauer
Branton                Bryan                  Courson
Elliott                Fair                   Giese
Glover                 Gregory                Grooms
Hayes                  Holland                Hutto
Land                   Leatherman             Leventis
Martin                 McConnell              McGill
Mescher                Moore                  Passailaigue
Patterson              Peeler                 Rankin
Ravenel                Reese                  Richardson
Russell                Ryberg                 Short
Smith, J. Verne        Thomas                 Waldrep
Washington

Total--37

On motion of Representative Phillips, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Hadsock:

Davenport              Frye                   Koon

Total--3

The following named Representatives voted for Ms. Owens:

Altman                 Askins                 Bales
Barfield               Barrett                Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Campsen                Canty
Carnell                Chellis                Clyburn
Cotty                  Dantzler               Delleney
Emory                  Fleming                Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Huggins                Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Knotts                 Law
Lee                    Limehouse              Lloyd
Lourie                 Lucas                  Mack
McCraw                 McGee                  McKay
McLeod, M.             McLeod, W.             McMahand
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Neilson                Ott
Parks                  Perry                  Phillips
Rhoad                  Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Scott                  Sheheen
Simrill                Smith, F.              Smith, J.
Smith, R.              Stille                 Stuart
Taylor                 Tripp                  Trotter
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum

Total--89

The following named Representatives voted for Ms. Rush:

Davenport              Emory                  Frye
Gamble                 Knotts                 Koon
Leach                  Loftis                 Neal, J.M.
Riser                  Rodgers                Stuart
Woodrum

Total--13

The following named Representatives voted for Mr. Tuttle:

Allen                  Askins                 Bales
Barfield               Barrett                Breeland
Brown, G.              Brown, H.              Brown, J.
Carnell                Chellis                Clyburn
Cotty                  Dantzler               Delleney
Edge                   Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Hayes
Hines, J.              Hines, M.              Hinson
Hosey                  Huggins                Inabinett
Jennings               Keegan                 Kelley
Kennedy                Law                    Leach
Lee                    Limehouse              Lourie
Lucas                  Mack                   McCraw
McGee                  McKay                  McLeod, M.
McLeod, W.             McMahand               Miller
Moody-Lawrence         Neal, J.H.             Neilson
Ott                    Parks                  Perry
Phillips               Rice                   Robinson
Sandifer               Scott                  Sharpe
Sheheen                Simrill                Smith, F.
Smith, J.              Smith, R.              Stille
Taylor                 Tripp                  Trotter
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Witherspoon

Total--78

RECAPITULATION

Total number of Senators voting 36
Total number of Representatives voting 93
Grand Total 129
Necessary to a choice 65
Of which Mr. Hadsock received 6
Of which Ms. Owens received 124
Of which Ms. Rush received 16
Of which Mr. Tuttle received 115

Whereupon, the PRESIDENT announced that the Honorable Glenda P. Owens and the Honorable Harold P. Tuttle, Jr. were elected to the two At-Large Positions on the Board of Trustees for Winthrop University for the terms prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

The Senate reassembled at 2:45 P.M.

Call of the Senate

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

Alexander                 Anderson                  Bauer
Branton                   Bryan                     Courson
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Grooms                    Hayes
Holland                   Hutto                     Jackson
Land                      Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
Passailaigue              Patterson                 Peeler
Rankin                    Ravenel                   Reese
Richardson                Russell                   Ryberg
Setzler                   Short                     Smith, J. Verne
Thomas                    Waldrep                   Washington
Wilson

A quorum being present, the Senate resumed.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

COMMITTEE AMENDMENT AMENDED AND ADOPTED
READ THE SECOND TIME

S. 1266 (Word version) -- Senator Ford: A BILL TO PROVIDE THAT THE CONFEDERATE BATTLE FLAG SHALL BE REMOVED FROM ATOP THE STATE HOUSE, FROM THE FRONT GROUND FLOOR FOYER OF THE STATE HOUSE, AND FROM THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND PLACED IN AN UNBREAKABLE GLASS DISPLAY CASE IN FRONT OF THE CONFEDERATE SOLDIER'S MONUMENT ON THE STATE HOUSE GROUNDS, TO PROVIDE THAT THE FIRST NATIONAL FLAG OF THE CONFEDERACY (STARS AND BARS) SHALL BE DISPLAYED AT THE WOMEN'S MONUMENT TO THE CONFEDERACY ON THE STATE HOUSE GROUNDS, AND TO PROVIDE THAT THE UNIVERSAL NEGRO IMPROVEMENT ASSOCIATION FLAG (BLACK LIBERATION FLAG) SHALL BE DISPLAYED AT THE AFRICAN-AMERICAN MONUMENT ON THE STATE HOUSE GROUNDS; AND TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-165 SO AS TO PROVIDE THAT ONLY THE UNITED STATES FLAG AND THE SOUTH CAROLINA STATE FLAG SHALL FLY ATOP THE STATE HOUSE, BE DISPLAYED IN THE FRONT GROUND FLOOR FOYER OF THE STATE HOUSE, AND IN THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.

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

Senator DRUMMOND spoke on the Bill.

Remarks by Senator DRUMMOND

As we get started on this important day of business or this State, let's keep a few things in mind:
First of all, this ought not to be about winning and losing today. This ought not to be one group forcing itself on another. This ought not to be about finding the perfect solution.
We're all imperfect, and we live in an imperfect world. Let's find a good imperfect settlement today.
Next, let's remember what Ben Franklin told us centuries ago. He said democratic government cannot last long without conciliation and compromise.
That's the way we do business around here. Give and take. We've got a lot of Bills around here with a lot of people's names on them.
Let's put aside pride of authorship for a while. Let's come up with a compromise that represents all Senators.
Next, there are a lot of people watching us, in South Carolina and elsewhere. But we've all had enough media exposure these days. Let's not worry about our image and our egos for a while.
As the old song goes, we can't please everyone, so let's do what we think is right.
Almost forty years ago, two great South Carolinians, Senator Edgar Brown and Bob Edwards, President of Clemson, challenged this State to do the right thing by desegregating Clemson.
We did, and history has recorded the greatness of that moment. Let's challenge each other to do the right thing again.
Next, you've heard me say this before, but let's be civil about all of this.
We're all emotional, and we all care a lot about this issue. That should be obvious by now. Let's all take a deep breath and look around us. There are probably 46 different ideas and solutions represented in this Chamber. We'll never get anywhere unless we respect each other enough to accept our differences and treat each other like honorable individuals.
Finally, let's remember the one great advantage we have today. We're members of the South Carolina Senate, and we're good at this sort of thing.
We're 46 South Carolina Senators and we do things the hard way around here--listening, arguing, disagreeing, compromising and horse trading.
Let's dig in and agree that we're going to see this thing through, and we're not going to stop until it's done.
This is the Senate and we do things no one else can do.
I look forward to this day, and I believe it will bring out the best in all of us. It's a day when we all bring to the table strong interests, strong positions and strong principles.
Let's find a way that we can compromise our interests and compromise our positions.
That way, no one will have to compromise their principles.
If the world is watching us today, let them see people who care about their cause, care about their State and care about each other.
This is an issue of national interest and attention, but it is one which is in the hands of 46 human beings, you and me.
The final settlement will not be a matter of who is right or wrong, or who is strong or weak, or who wins or loses.
It will be a matter of how hard we work to keep ourselves together, how hard we work to find common solutions and how hard we work to maintain respect and decency in this Chamber.
That way, we're all winners, and we bring credit to ourselves, to the Senate and to this State.
Now, let's get to work.

* * *

On motion of Senator HOLLAND, with unanimous consent, ordered printed in the Journal.

Senator HOLLAND spoke on the Bill.

Senator MOORE was recognized.

On motion of Senator MOORE, with unanimous consent, Amendment No. P4 was taken up for immediate consideration.

Amendment No. P4

Senator MOORE proposed the following Amendment No. P4 (1266R004.FC), which was subsequently replaced with Amendment No. P4A:

Amend the committee amendment, as and if amended, by striking all after the amending clause and inserting in lieu thereof the following:

/ A BILL

TO AMEND CHAPTER 10, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 10, Title 1 of the 1976 Code is amended by adding:

"Section 1-10-10. (A) On the effective date of this act, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.

The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. The flag authorized to be flown on the grounds of the Capitol Complex is the South Carolina Infantry Battle Flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army) South Carolina, Georgia, Florida Division version]. This flag must be located at a point on the south side of the Confederate Soldier Monument, centered on the monument, and not more than fifteen feet from the base of the monument but as near as aesthetically possible and as tall as aesthetically required.

The South Carolina Infantry Battle Flag of the Confederate States of America is square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The total outside measurement of the flag is to be fifty-two inches square, inclusive of the white border. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.

From any funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear. The respective flags may only be removed during times of renovation and/or repair and the flags shall be returned upon completion of any such work.

(B) The provisions of subsection (A) of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on one of its readings, other than first reading, in each branch of the General Assembly."

SECTION 2. Section 10-1-160 of the 1976 Code is amended to read:

"Section 10-1-160. (A) The United States flag and the State flag shall be flown daily, except in rainy weather, from a staff upon the State House, and shall be displayed above the rostrum in the chambers of the House of Representatives and the Senate and in the first floor north foyer of the State House. No other flag shall be displayed in these locations or atop the dome or roof, or within the foyers or common or public areas within the capitol building. The State Budget and Control Board shall purchase a suitable ~~flag~~ flags for display at the State House locations and cause it them to be displayed, the expense to be borne out of the funds ~~provided for maintenance~~ appropriated to it.

SECTION 3. (A) No Revolutionary War, War of 1812, Mexican War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, Native American, or African-American History monuments or memorials erected on public property of the State or any of its political subdivisions may be relocated, removed, disturbed, or altered. No street, bridge, structure, park, preserve, reserve, or other public area of the State or any of its political subdivisions dedicated in memory of or named for any historic figure or historic event may be renamed or rededicated. No person may prevent the public body responsible for the monument or memorial from taking proper measures and exercising proper means for the protection, preservation, and care of these monuments, memorials or nameplates.

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

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

Objection

Senator J. VERNE SMITH moved that the amendment be adopted and that the roll of the Senate be applied.

Senator WILSON objected.

Senator MOORE moved that the amendment be adopted.

RECESS

At 3:12 P.M., on motion of Senator J. VERNE SMITH, the Senate receded from business not to exceed ten minutes.

At 3:33 P.M., the Senate resumed.

Senator J. VERNE SMITH spoke on the amendment.

Senator PEELER argued contra to the Bill.

Remarks by Senator PEELER

Thank you Mr. PRESIDENT. Members of the Senate, I rise to tell you that the Senator from Cherokee will not vote to remove the Confederate Flag from atop the State House Dome and if you would let me talk to you just a few minutes, I'll tell you why.

I'm the oldest son, of an oldest son, of an oldest son, and unless you are an oldest son, you really don't know what that means or the responsibility that you have. Some people say the oldest son of a family is biblical, others say it is a southern thing, but it is hard to explain, it is almost, well. . . it is impossible to explain to you the responsibility of the oldest son in a family. And to try to explain that to you is as hard as it is for me to explain to you the love that I have for that flag. I was born and raised in Gaffney, South Carolina. My mother and father were born there, both grandfathers and both grandmothers were born in that area. You could say I am a "made from scratch" South Carolinian. I love this State and I love that flag.

I have three children. While I was in the army, I sent my wife back to Gaffney to have our child and I wanted to make sure that our other two children were born in Gaffney, simply because I wanted Gaffney on their birth certificates. I love that town. I love this State. And, I love that flag. And growing up in Gaffney, South Carolina, I was born in 1948, on Leadmine Road. When I was raised in Gaffney, we lived on Leadmine Road and about a half-mile away from us black families lived--there on the northern side of Leadmine Road. There was an area there that was mainly a black community within a half-mile or three quarters of a mile of my house. Then on the other side of the road, another black family lived. We lived in harmony and with respect and mutual admiration of each other. My brothers and I played and worked with people of the other race and we got along just fine. Now this was in the fifties and in the sixties. One friend of ours, his name is Sammy Avenue, and we played together and our mother taught us that we were all the same in God's eyes and to love one another as we loved ourselves. . . and that is how we were taught as youngsters and we were taught that we were all the same in God's eyes. One time Sammy Avenue told us, he said, "You Peeler boys are different than me" and I thought he meant the color of our skin and we all three said, "What do you mean different?" He said, "Y'all got them clean spots in the top of your heads". Back then our Dad cut our hair in a flattop and we did not know what in the world he was talking about. Later, I realized it was our short flattop haircut that he was talking about and I thought from that day to this. . .about how I think I know how someone feels and what they mean and what they really mean. The only way for me to see their side or what they think is try to look at something through their eyes. To view things through their eyes. I've tried to do that with this controversy that we are having.

I graduated from Gaffney High School in 1966, the last all white class to graduate from Gaffney High School. Eddie Bonner came to our school as a junior. He was the first black student in Gaffney High School. I don't think there was an incident. In Gaffney our number one priority is football. Gaffney High School Indians are number one now and they were then with the white community. With the black community it was Granard High School, the Granard Trojans coached by Willie Jeffries, the coach of South Carolina State. I remember when we were at school we said, "When integration comes and we combine the two high schools, we will have a tremendous football team because Gaffney High School and Granard High School year after year were powerhouses. I remember in the sixties when Granard would play. . . Granard would play on Thursday nights and Gaffney would play on Friday nights and it would be a study of how the races got along back then when they all had something to pull for. On Thursday nights the middle of the stands would be filled with black people and on the outer edges it would be filled with white people pulling for the Granard Trojans. On Friday nights it was just the opposite, the white people would be in the middle and the black people would be on the outer sides pulling for the Gaffney Indians. If we could all just see things like that. Now if you go to a Gaffney High football game, you will see everybody sitting together pulling for one common goal and that is the Gaffney Indians. Football was our priority then and we went through the sixties without much controversy as compared to things that happened thoughout the south but we got along pretty well.

I went on to Clemson University. There are three famous Harveys that graduated from Clemson University. Harvey White was a great football player, he was a famous football player. Harvey Gantt was the first black student to attend Clemson University and then there was Harvey Peeler. Y'all probably know what I was famous for, but I remember that and I remember us going through those times, but we made it. And you know we made it under those three flags. Under the watch of those three flags.

Over the years I was elected to the State Senate and we elected that man to the State Senate... Senator I. DeQUINCEY NEWMAN, one of the finest men I have ever met. That was accomplished under those three flags. Under those three flags, that was accomplished. We just elected about a month ago, a member of the Employment Security Commission, a black man, a fellow member of this Senate to one of the most important jobs in the State, that is to insure that our citizens have employment. One of our own, one of our friends, a black man elected by us, representatives of this State, under those three flags, to the Employment Security Commission. The most telling thing about our State and the greatest example of how our State handles our business, just in the last couple of weeks standing at this podium was a black man who was retiring from the highest position on the State Supreme Court, the Chief Justice of the Supreme Court stood right here retiring, not being elected, but retiring as the Chief Justice of the Supreme Court of the State of South Carolina. Under those three flags he was elected. And also that gentlemen relinquished his seat to a woman to serve as the Chief Justice of the State of South Carolina on the Supreme Court. Just recently a man of Greek decent was elected to the Supreme Court of the State of South Carolina under those three flags. All were under those three flags, all of us see those flags differently, especially the Confederate Flag, but I am trying to see it through your eyes and I want you to try and see it through my eyes. I'm proud of that flag.

Now we have two groups that view the flag differently. One group hates the flag. They despise the flag and I'm so very sorry that they do, but they do. I understand the reasoning they give that they do, but I wish they would look at the reason I love the flag and I do love the flag because the other side is my heritage. You have the hate group and the heritage group. The heritage group, of which I am a member, the Sons of Confederate Veterans, see the flag as I see the flag with honor and respect. We have more than two sides; there is a third side and that's the side I really want to talk to you about. That side views the flag as a symbol of freedom and independence. It's a flag that people view as a symbol of people that do not like to be told what to do. It's called the rebel flag. It's called the rebel of the State of South Carolina and there's more rebels in this State than there are in the other two groups combined. It's a group of people that love this State, that love their independence, and love their freedom and they DON'T WANT TO BE TOLD WHAT TO DO BY ANYBODY, especially if we think we're right. No matter if it's the National Association for the Advancement of Colored People or the Chamber of Commerce or a politician that wants to further his political agenda. They don't like to be told what to do and when they view that flag, they view it with honor and that's another side that I'm on. But if you differ with me, take caution in your tone, take caution in your tone today, because the State of South Carolina is looking at us, our children are looking at us, the world is looking at us. So if you take the flag down tonight, in the morning South Carolinians will greet each other differently, if they greet each other at all, than they did yesterday. If you take the flag down tonight, 10,000 flags will be hoisted around the State of South Carolina that looks just like it in the yards, in the houses, on the vehicles, all around this State in the morning, if you take that flag down tonight. If you take that flag down tonight, in the morning, the rebels will yell. Race relations will not be the same in this State in my lifetime if you take that flag down.

I want to finish by giving you a couple of quotes from people that in a strange way I have to admire. They are two gentlemen that are named King. One is Martin Luther King and he said that he had a dream and I have that dream too ladies and gentlemen. He dreams of the day when a man is judged by the content of his character not by the color of his skin. I long for that day too. And then another man, you may have heard of him. I think his name was Rodney King. He was the man, Senator from Richland, that they caught on video when the police "whooped" him with billy clubs and kicked him. I don't know why, evidently he did something they did not like or he did something that they felt like he deserved it; but I can't imagine a man black or white receiving that kind of punishment... Oh, yes!... That was done in the State of California, the "oh, so politically correct California." They don't have a Confederate Flag on top of their State House, I betcha, but they say we are the laughing stock. The State of California, the home of O. J. Simpson and they say we are the laughing stock. No, I won't accept that, but Rodney King said one thing that stays with me. He asks, "Can't we all just get along?" And Mr. King, the answer to that is "yes; we can all get along, as long as we all want to get along."

Mr. PRESIDENT, Members of the Senate, the Senator from Cherokee will never vote to take my beloved Confederate Flag from atop of the State House Dome.

Thank you.

* * *

On motion of Senator COURSON, with unanimous consent, ordered printed in the Journal.

Senator PATTERSON spoke on the Bill.

Senator MOORE spoke on the amendment.

Senator MOORE asked unanimous consent to make a motion to substitute Amendment No. P4A for Amendment No. P4.

There was no objection.

Amendment No. P4A

Senator MOORE proposed the following Amendment No. P4A (1266R007.TLM), which was adopted:

Amend the committee amendment, as and if amended, by striking all after the amending clause and inserting in lieu thereof the following:

/ A BILL

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 10, Title 1 of the 1976 Code is amended by adding:

The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. The flag authorized to be flown on the grounds of the Capitol Complex is the South Carolina Infantry Battle Flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army) the South Carolina, Georgia, Florida Division version]. This flag must be located at a point on the south side of the Confederate Soldier Monument, centered on the monument, and not more than fifteen feet from the base of the monument but as near as aesthetically possible and as tall as aesthetically required but not to exceed a total height of twenty feet. The final placement and height of the flag must be approved by a committee composed of three members of the Senate appointed by the President Pro Tempore and three members of the House of Representatives appointed by the Speaker of the House.

(B) The provisions of subsection (A) of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly."

SECTION 2. Section 10-1-160 of the 1976 Code is amended to read:

SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring 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 thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

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

Renumber sections to conform.

Amend title to conform.

Senator BRANTON spoke on the amendment.

With Senator BRANTON retaining the floor, Senator COURSON, with unanimous consent, spoke on the Bill.

Senator BRANTON resumed speaking on the amendment.

ACTING PRESIDENT PRESIDES

At 5: 19 P.M., Senator PEELER assumed the Chair.

Senator BRANTON continued speaking on the amendment.

PRESIDENT PRESIDES

At 5:28 P.M., the PRESIDENT assumed the Chair.

Senator BRANTON continued speaking on the amendment.

Senator McCONNELL spoke on the Bill.

Remarks by Senator McCONNELL

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I will try to be brief. I can't say that in this speech I can do any bigger thing than what the Senator from Spartanburg did today with that barbecue plate at lunch that he hauled into this Chamber.
I want to talk to you for a minute. The question has been asked, "How did this come to be?" How could it be that we are in this particular moment? How could it be that we have before us a compromise for settlement that could occur so fast and so complete -- not with everything in it that either side wants but to be at this point. Rather than us being engaged in rhetorical argument, we are at this point trying to come to some accommodation. I want to begin by first telling you that -- and I wish the Senator from Greenville was in here. He's a member of the SCV with me. There he is. His great-grandfather and my great-great-grandfather were in the same prison, the same train -- came back barefooted at the border of Maryland. The fact that he would embrace this is no attestation at all that he's lost the love of having it at the dome, or the love of that flag, or the dedication for it. He reads The Book. I see him. He subscribes to some of the same magazines that I do, and I could just tell you first of all, just to start with him, there is a person whose blood runs warm for the memories of those soldiers.

Senator from Richland over here. Many, many times I seen him when we've been out at Elmwood and other places. Say what you will about a settlement, but one thing goes without saying. Senator COURSON loves that flag. He loves that history. He lives it; he appreciates it; he would not turn his back on it, nor would he fold his tent and run on it.
My friend back here from Charleston, Senator RAVENEL. Time after time down in Charleston, you've been at that cemetery with me and others sweating in the heat in May, Confederate Memorial Day -- times that we've been to save bodies and to do things. Because we are here today is not some statement that that doesn't mean so much to us that we're not prepared to fight.
You ask, "Why are we here today?", "Why are we at these crossroads?" First of all, for some men and not to exclude other people here. Senator PEELER, you who I know will not vote in the final analysis for it, and I understand your feelings about what you told the voters back home. But we've talked about trying to come up with something that gave finality, that moved us on, that had something with healing, something that recognized the reality of where we are. The reality is something I can never change. The Senator from Richland and I have talked about it, the Senator from Charleston, the Senator from Greenville -- our flag got abused. It got taken by politicians and used for racial causes. It got taken by hate groups who stained it with their hands by taking it out for their causes. But that's not the long-term legacy of that flag. It doesn't belong for that, and it communicates negative things to part of our population because of those who misused it. Just as our history, it's full of success; it's also full of failure -- all of our history, black and white. We've all met the challenges on occasions, and we've done less than we should.
But why are we here? We're here talking about something like this because there is commitment on both sides. To my friends who are opponents in this, I understand your commitment against that flag, and there's not one of you that doesn't have the guts to get up here and fight over it -- not one of you before the people of this State. It's the same on both sides. There's courage; there's determination; there's a willingness to fight for your position on this. And we can fight on it. If one of us can do a knockout blow on it, where are we in the end? What have we done for the people of South Carolina? What have we done for those of us who want to protect the flag? What has the other side done for those who say, "Just get it off, get it somewhere, get it down here." We've postponed to a later date another fight, another rub, another disagreement, another tip toeing around on it.
You know, it's almost destiny -- today. I went and checked with fellow Civil War buffs about today, and you know there's something real significant about today, April 12, the day the war began in Charleston, the day without an Army, a Navy, or anything -- Charleston fired on the United States. And the war began. I've seen the only picture ever taken of that particular event that exists. Never was it ever published until a few years ago. But it's very telling. In that picture, you can see the pageantry, the excitement and the optimism of it. But it would be followed by another April 12, when General Gordon brought the Confederate troops in and laid those flags and those arms down before the Army of the Potomac. And I can't help but go back to that. In talking with the Senator from Richland, and I was talking with the Senator from Aiken. He said, "It's real interesting and more than a coincidence that here we are on April 12, the beginning and the end of the war, with hopefully what's going to be the beginning of a new era in South Carolina and the end to the discord that we've had on this particular subject."

There's a lesson in history best given by the man, General Chamberlain, who was there that day on April 12, 1865, who was given the honor--he saved the Union as far as I'm concerned, besides General Ewell having messed up and not taking the heights at Culp's Hill. Senator from Greenville, you will remember that it was General Chamberlain, with a charge, with bayonets forward, that saved the Union's cause at Gettysburg. Here is a man who stood there, and when the Army came in on April 12, he said:
"Nor blame them too much, nor us for not blaming them more. Although as we believe, fatally wrong and striking at the old flag, misreading its deeper meaning and the innermost law of the people's life. Blind to the sign of the times and the march of men, they fought as they were taught. True to such ideals as they saw and put into their cause their best. For us, they were fellow soldiers as well, suffering the fate of arms. We cannot look into those brave, bronze faces and those battered flags we've met on so many fields where glorious men had led a glory to the earth before it and think of personal hate and mean revenge."

We are here because none of us want revenge. None of us want hate. We want an avenue that can somehow bring our people together. Yes, there are going to be unhappy people on both sides over what we do, but there is a message to our flag supporters, and the message is contained in some of the experiences that all of us in this room have had. And I can only hope that the good will that gets generated in this Senate extends now beyond these doors and out across South Carolina. None of us are acting because of speeches; none of us are acting because of demands; none of us are acting because of ultimatums. I think we're acting because we all know the reality of where we are, pretty much like General Lee when he was confronted with Appomattox, and he said, "There's nothing left for me to do but to go get terms from General Grant." And he said - what was it - "I would rather die a thousand deaths." It is very difficult, extremely difficult, for us on our side to vote to move that flag. It has to be equally difficult for my brethren on the other side to vote with us to move it to the monument. It has to be just as difficult, just as challenging to defend. But how'd it get hammered out? It got hammered out because both sides tried to communicate, tried to give, tried to make arrangements, tried to find a way that despite our commitment and our rigid position, that we would point a way for the people of this State that they would follow suit.

You know, in the years that I've been here, one of the people who I clashed with on this flag is the Senator from Charleston, Senator FORD. He and I have had some real spirited debates over the years. We don't agree on a lot of things, and we agree on others. But you know, he pointed the way on this thing for me years ago. He asked me one day what I was reading, wanted to look at it, and showed enough interest to try to understand where I was coming from, Senator from Greenville. Senator from Greenwood, he wanted to know, "What is it that makes you tick?", "What is it you like?", "Why is it?" He wanted to see the document. But he extended enough courtesy to me to want to know something about me other than a wall of disagreement, that it made me want to do the same thing back and want to understand his history. And he taught me about Marcus Garvey. He taught me about the events and their history. He told me about how he saw this flag -- people wanting to lynch him, and we have to look at this ultimately through both sets of eyes, and hope that what we have done within the political reality of where we operate is the best that we can do.

I would like to have seen us do more, some others would like to have seen us do less. But we're pretty much at the crossroads of history like they were that day at Appomattox, and I hope that we leave this day not making the same mistake that was made after that war. Because as Lee gave those gracious words, he would later in reflection, Senator from Greenville, if I'm correct, with the way reconstruction went, he would say, "Had I known that we would be treated this way, I would not have surrendered at Appomattox." Why this country got off sync is because in the struggle and in the passion we get angry, and when we get angry, we react. And I won't go back into all of that except to tell you that our history books are full of that lesson. They're full of it time after time after time. And all of us on both sides have got to be willing, each of you has given your full commitment to this fight. We can talk for another two or three weeks on this. It isn't going to change ultimately the need for us to make an arrangement based on good will and give and take. Senator FORD was able to open that avenue, and it is he who on our side caused us to feel there was hope for communicating a message that we don't mean to threaten you. We don't stand for what others stand for. And that the flag has very positive vibrations to many of us. He had the courage to open that door. Senator GLOVER had the courage to open that door and to stand up. It's no easy thing on their side just as it's no easy thing on our side. Everybody gets categorized. You either love the flag or you don't. Are you gonna surrender to them, or what?

The Senator from Richland and I have had our differences. And yet despite that, we've been able to communicate and to try to work together to find something that each of us could face a press conference or face our constituents and say, "We did our best within the reality of what we have." That's why it fell together. People like Senator PATTERSON, Senator MATTHEWS, Senator ANDERSON, Senator WASHINGTON -- each and every one of us has had to give. Every one of us has had to give, and I can only tell you that it's not a moment of capitulation or something. It's not a moment of weakness; it's not a moment of you deserting the cause. I've had so many people ask me, for God's sakes, Senator, please hang in there; please don't give up; don't give up the flag. We're not giving up the flag.

What we're doing is trying to build a future day when we will do what we once did in the Senate Chamber, when Senator NEWMAN and Senator RAVENEL had a choir in here. They did a performance. It was "Dixie" and the "Battle Hymn of the Republic." Senator NEWMAN said that it symbolized the significant growth and progress toward obtaining the spirit of good will and reconciliation in the area of human and race relations in our beloved State. No, this may not solve the problem, but just as he said, it represents significant growth and progress on that chord. And those of us on our side -- if we expect to be treated with respect, we have to extend that respect, and you can do that without turning your back on your heritage and your determination.

I can only tell you that it's very difficult for me to say goodbye to that flag on that dome. I love it up there as a war memorial. I enjoy seeing it at night -- looking out of the windows. But it's going to fly at the Soldiers' Monument where it probably should have gone in the first place. And maybe we wouldn't be at this particular time. It's a difficult thing. I'll miss it back behind me, looking up at it. To me, it's the things that I enjoy about it. But if that sadness comes, at least the optimism and the hope for the people of South Carolina and America -- South Carolina itself has come from within and said we have the strength to pull ourselves through this and to take a significant step toward trying to bring our people, black and white together, so that it's not necessary that people embrace what other people believe, but that we simply have respect for one another within the ambiance of those beliefs. It's just a bit of human kindness.

It's hard for me to articulate it, but it's just to tell you that people like Senators FORD and GLOVER -- Senator PATTERSON, the night you called me one time; it's the acts of kindness and yet it's the acts of understanding. It's all of that. That is what's brought us here. It's nobody's bullwhip, nobody thinking they're going to outstep the other. But I think it's a sense of deep down in all of our hot rhetoric, and everything else we do, my good friend from Clarendon -- he and I engaged in some last week, a little spirited event there -- laughed about it afterwards, as we all do in here. But you know, that's the great thing about this institution of the Senate, and I hope that we never lose it. All of us -- the collegiality, the ability to discuss these issues, to delve in them, to be emotional about them, and to move on as friends, and try to set the example for this State.

And, so I tell you, I am going to vote for the perfecting amendment; I am going to vote for the amendment -- not that I am voting to take the flag down. But I am voting with the optimism that we are taking the flag to a position of honor and finality with some sense of feeling for other South Carolinians who are offended by it on the dome. And I think that this offers for all of us an opportunity to hopefully set an example across the State, and rather than it being a question of who won, who got the most votes, it is a statement for our State that despite all the national publicity and criticisms and whatever, and we are going to get some criticism on both sides, Senator from Greenwood, which tells me that no one came out the winner in here. But you know over the years, Senator WASHINGTON, you and I, we have agreed on things and clashed. I think we have built a rather substantial friendship over the years. I have grown to respect you and admire what you stand for.

I want to close by telling you that, when I heard the debate on the flag, one of the most telling things to me, Senator FORD -- I think you remember this. We were sitting there, and this college professor came in and talked about this State House and its history, but he said there is nothing at this State House that spoke to the African-American children that came up here. I have always said that there were three great hinges to our history: the struggle for liberty, the struggle for state's rights and the struggle for civil rights. And that is why I joined with others; there's no quid pro quo involved in that or whatever. It, for this State, is the right thing to do. It is the sort of thing we do in building bridges and trying to understand one another. And Senator, I go back to you again. I may hurt you politically by doing so that we are the strongest of friends. I have heard more than one person in Charleston say that Senator FORD has really grown with the job. And while they do not agree with you on a lot of causes, you have communicated to the people that at least it was coming from the heart, that it was good will -- that you are not a mean person, which I know you are not. But I hope that each of you, if you have to vote against it, you are no less a bigger supporter of that flag than any of us; but the hour has come, as it came with General Lee for the Army of Northern Virginia. And we have fought this thing, and fought this thing; and the olive branch is now out on both sides -- to extend a hand and try to move forward and not make the mistake that was made after Appomattox. And instead to use this opportunity to bring this state together and to close this issue and to hope that we build on it for our future and not let it be something that divides us further.

Thank you very much.

Senator RAVENEL: Senator, while you are up, would you please for the edification of everyone here in the Senate and our visitors in the gallery, would you touch on the significance and the value of the protection of all the monuments in the State and the place names.
Sen. McCONNELL: Senator, that's the other thing - that it is significant on both sides, and I hope it's going to be the launching pad for protecting a lot of those sites - not just by law but this legislature actively trying to get involved in protecting those sites before they are lost. But we have done as much as we constitutionally can do on both sides to protect everybody, Native Americans, everybody - everybody's monuments, street names, and everything. It is, in a nutshell without me going into a long speech to tell you that in this state, it is a good firm partnership. It is a solid bond that we have put in that bill which says that these things will be left alone, and what it offers us is the opportunity not to get involved with what other people have done and to quibble over plaques and other things, but let our history be our history, and let's hopefully shape our future based upon where we think our people should go.

* * *

On motion of Senator DRUMMOND, with unanimous consent, ordered printed in the Journal.

Senator THOMAS spoke on the Bill.

Senator JACKSON spoke on the Bill.

Remarks by Senator JACKSON

Thank you Mr. President, Ladies and Gentlemen of the Senate. Let me say that I also commend the Senator from Charleston, Senator McCONNELL, for such a fine speech and I want to commend all of those who have worked hard for this resolution, Senator from Greer, Senator from Aiken and all of those who really laid it on the line to get us where we are here. But I think it's necessary to also show you how difficult it was for those of us who are on the other side as the Senator from Dorchester referred to us as. To actually come to where we are now, it was a very, very difficult situation. The Senator from Richland, my Senior Senator PATTERSON, has said it and he spoke it out of his heart. To some of us, believe it or not, Sherman was a hero. Senator from Greenville, I have shared this story with you before. I can trace my ancestry back to a great-great uncle who marched behind Sherman's army when he invaded the City of Columbia. And he said to his descendants and to his family that that was the greatest day of his life. And he went on to name one of his grandsons Sherman. So history is always in the eyes of those who are looking at history. And I don't say that with any disrespect, but I say that as a young black boy who was on the Taylor's plantation. And, that plantation included the area that we are probably standing on right now -- who at a young age saw an invading army that he thought (in his mind) they were coming to liberate him. And so he ran, marched, skipped and danced behind that army because that army, he thought, represented freedom and represented liberty.

In 1993, when I entered this Chamber, there were four flags in and around this building. If this proposal passes, there will be one flag and I think you're right, all of us have come to the point which we've learned to respect each other. But I also stood up here to say that I do think personally that we owe the NAACP a debt of gratitude because I'm convinced that, if it had not been for the NAACP in August, that maybe we wouldn't be here now and it would be another generation, ten years from now who would be fighting this fight. The Senator from Greenville, they aren't outsiders. Everyone I met with today from the NAACP and it was a very difficult thing to look them in their eyes; people who are close friends of mine and to say to them that I am going to have to vote for the resolution. And, they looked me back into the eyes with tears in their eyes and felt as if I had just betrayed them. That's a very difficult thing. But I want this body to know that none of them live outside of South Carolina. All of them are registered voters, taxpayers, some of them entrepreneurs and employers in the State of South Carolina. And it's not outsiders telling South Carolinians what to do. But it's South Carolinians saying this is what we are going to do; do you mind joining us? And I didn't criticize anybody when Sons of the Confederate Veterans from Georgia decided to come here and join the Sons of Confederate Veterans from South Carolina. To me that shows unity and I commend them for that. And so, I think that as we begin this healing process, as the Senator from Charleston said, let us not villainize the NAACP anymore because I think they've taken a whole lot of beatings in the last several years as it relates to this. There are some of us who feel as passionately about the NAACP as others of you feel about the Sons and Daughters of Confederate Veterans. And, I have not asked anyone here today what does that organization think of this compromise. Neither am I requiring them to give us a statement on whether or not they will be for it or against it. And, I think you owe the NAACP that same respect and you owe us that respect because we aren't asking other constituent groups what is their opinion and will they sign off.

I think what we are going to do here today is going to be great. As I woke up this morning Senator and I heard on the news also that this is the day historically in which the shots were fired on Fort Sumter. As I was preparing to leave home today, I said to my son who was on Spring Break, "Wouldn't it be a wonderful day if on the same day the war began; the war would end." And he said to me, "Well daddy that's up to you and to your colleagues." And, he was right. It is up to us and I think we are doing the right thing and it's a hard thing to do. It's a hard thing to go against people who are your friends; it's a hard thing to go against people who I know will have my back regardless of what, and to see them walk away out of your presence feeling as if you've just turned your back on them. Because as much as I love the NAACP, I love South Carolina even more and I'm doing what's best for the State of South Carolina because twenty-five years from now my sons will be rearing their families in this great State and maybe they will look back and say, "Thank God for men and women who had the courage to do the right thing, although, it wasn't a popular thing.

So I commend you Senator from Charleston. Let me say this, that if I've hurt anyone in here, your feelings, in the process of this debate and this dialogue, and some of us have said things that were remarks said in the heat of battle, I want you to know that I apologize for that. I apologize for doing that because the fact of the matter is when this is all said and done, you're still my brothers and my sisters and we still have to work together. I think when this day has ended there will be some people who will be calling me tonight. I've already received some messages that have said that, "You've sold us out man," and I've returned the message and said, "No, I'm saving the State of South Carolina and that's important." I want to commend all of you who have done that. And I just want to let you know Senator, who asked a question from Dorchester, "what has pressured us to come to this position?" The answer is, "the right thing has pressured us and that is the great sovereign State of South Carolina."

Thank you.

* * *

On motion of Senator DRUMMOND, with unanimous consent, ordered printed in the Journal.

Senator RICHARDSON spoke on the Bill.

Senator MARTIN spoke on the Bill.

Senator WALDREP spoke on the Bill.

Senator WASHINGTON spoke on the Bill.

Senator PASSAILAIGUE spoke on the Bill.

On motion of Senator PASSAILAIGUE, with unanimous consent, the Prayer of St. Francis was ordered printed in the Journal as follows:

The Prayer of St. Francis
Lord, make me a channel of thy peace,
that where there is hatred, I may bring love;
that where there is wrong, I may bring the spirit of forgiveness;
that where there is discord, I may bring harmony;
that where there is error, I may bring truth;
that where there is doubt, I may bring faith;
that where there is despair, I may bring hope;
that where there are shadows, I may bring light;
that where there is sadness, I may bring joy.
Lord, grant that I may seek rather to comfort than to be comforted;
to understand, than to be understood;
to love, than to be loved.
For it is by self-forgetting that one finds.
It is by forgiving that one is forgiven.
It is by dying that one awakens to Eternal Life.

Senator MOORE moved that Amendment P4A be adopted.

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

Ayes 37; Nays 6

AYES

Alexander                 Anderson                  Bauer
Bryan                     Courson                   Drummond
Elliott                   Ford                      Giese
Gregory                   Hayes                     Holland
Hutto                     Jackson                   Land
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Moore                     Passailaigue              Patterson
Rankin                    Ravenel                   Reese
Richardson                Russell *                 Ryberg
Saleeby *                 Setzler                   Short
Smith, J. Verne           Thomas                    Waldrep
Washington

Total--37

NAYS

Branton                   Fair                      Grooms
Mescher                   Peeler                    Wilson

Total--6

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

Amendment P4A was adopted.

The question then was the adoption of the committee amendment, as amended.

Original Committee Amendment

The Committee on Judiciary proposed the following amendment (JUD1266.001):

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

/ A BILL

SECTION 1. Chapter 10, Title 1 of the 1976 Code is amended by adding:

The Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear. The respective flags may only be removed during times of renovation and/or repair and the flags shall be returned upon completion of any such work.

(B) The provisions of subsection (A) of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on one of its readings in each branch of the General Assembly."

SECTION 2. Section 10-1-160 of the 1976 Code is amended to read:

"Section 10-1-160. (A) The United States flag and the State flag shall be flown daily, except in rainy weather, from a staff upon the State House, and shall be displayed above the rostrum in the chambers of the House of Representatives and the Senate and in the first floor north foyer of the State House. No other flag shall be displayed in these locations or atop or within the common or public areas of any other building owned by the State or a political subdivision thereof except in museums and parks for historical exhibits. The State Budget and Control Board shall purchase a suitable ~~flag~~ flags for display at the State House locations and cause it them to be displayed, the expense to be borne out of the funds provided for maintenance.

SECTION 3. (A) No Revolutionary War, War of 1812, Mexican War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, or African-American History monuments or memorials erected on public property may be relocated, removed, disturbed, or altered. No street, park, preserve, reserve or other public area dedicated in memory of or named for any historic figure or historic event may be renamed or rededicated. No person may prevent the public body responsible for the monument or memorial from taking proper measures and exercising proper means for the protection, preservation, and care of these monuments or memorials.

(B) The provisions of subsection (A) of this Section may only be amended or repealed upon passage of an act which has received a two-thirds vote on one of its readings in each branch of the General Assembly.

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

Amend title to conform.

Committee Amendment, as Perfected, and Adopted

The Committee on Judiciary proposed the following amendment (1266R.007.TLM), which was adopted, as perfected:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

/ A BILL

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 10, Title 1 of the 1976 Code is amended by adding:

The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. The flag authorized to be flown on the grounds of the Capitol Complex is the South Carolina Infantry Battle Flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army) the South Carolina, Georgia, Florida Division version]. This flag must be located at a point on the south side of the Confederate Soldier Monument, centered on the monument, and not more than fifteen feet from the base of the monument but as near as aesthetically possible and as tall as aesthetically required but not to exceed a total height of twenty feet. The final placement and height of the flag must be approved by a committee composed of three members of the Senate appointed by the President Pro Tempore and three members of the House of Representatives appointed by the Speaker of the House.

SECTION 2. Section 10-1-160 of the 1976 Code is amended to read:

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

Renumber sections to conform.

Amend title to conform.

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

Ayes 37; Nays 6

AYES

Alexander                 Anderson                  Bauer
Bryan                     Courson                   Drummond
Elliott                   Ford                      Giese
Gregory                   Hayes                     Holland
Hutto                     Jackson                   Land
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Moore                     Passailaigue              Patterson
Rankin                    Ravenel                   Reese
Richardson                Russell *                 Ryberg
Saleeby *                 Setzler                   Short
Smith, J. Verne           Thomas                    Waldrep
Washington

Total--37

NAYS

Branton                   Fair                      Grooms
Mescher                   Peeler                    Wilson

Total--6

*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The committee amendment, as perfected, was adopted.

Statement by Senators RYBERG and MARTIN

We voted for the compromise amendment in order to protect the heritage of the Confederate Flag on the State House grounds in its placement at the Confederate Soldiers' Monument. In light of the proposed alternatives to the placement of the flag, the proposal to place it at the Confederate Soldiers' Monument is the only acceptable one. We view this proposal as a final resolution to this matter.

Senator BAUER spoke on the Bill.

There being no further amendments, the question then was the second reading of the Bill.

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

Ayes 36; Nays 7

AYES

Alexander                 Anderson                  Bauer
Bryan                     Courson                   Drummond
Elliott                   Ford                      Giese
Gregory                   Hayes                     Holland
Hutto                     Jackson                   Land
Leatherman                Leventis                  Martin
Matthews                  McConnell                 McGill
Moore                     Passailaigue              Patterson
Rankin                    Ravenel                   Reese
Richardson                Russell *                 Ryberg
Saleeby *                 Setzler                   Short
Smith, J. Verne           Waldrep                   Washington

Total--36

NAYS

Branton                   Fair                      Grooms
Mescher                   Peeler                    Thomas
Wilson

Total--7

The Bill was read the second time, passed and ordered to a third reading.

Statement by Senator ALEXANDER

The issue of the Confederate Flag has been before the General Assembly in some form or fashion since I have been part of this legislative body. This issue and the decisions to be made are weighing on my heart.

It is the sense of the State Senate, by a motion last Wednesday, to seek to resolve this matter this legislative session. We seek to do what is right--but what is right for the future of our great State?

Let us, as members of the South Carolina State Senate, define this moment in our history. Let us define it in a way that brings honor and respect to all of us and honor to those who look back on this moment and time in our history.

Maybe it is Divine Providence that we are here on this issue in the week prior to Holy Week. Last Sunday, in the sermon from my church, Walhalla Presbyterian Church, relating to John 14:23-29, the end was near for Jesus, and he talks of love and peace. "Not as the world giveth, but as God giveth; let not your heart be troubled or afraid."

During this discussion in the last couple of weeks, I have constantly been reminded of the dedication service which I recently attended at Shiloh Baptist Church in Townville, South Carolina, where brothers and sisters in Christ joined together. The service was necessary due to arson of the Church; what started out as evil and bad, God turned into good. The members of the community, by their works and actions, demonstrated love for one another.

The challenge before us, as the Senate and the General Assembly, is to respect and love one another. I support the flag and what it represents in honor. The time is now for us to join together and find a solution to the matter facing us. We must put the good of our beloved State above all, except our service and love for our Lord. Let us keep His word. Love one another. I voted in favor of the amendments and the passage of S. 1266.

Statement by Senator FAIR

I voted "no" to take the flag down because I said that I would a long time ago. While keeping my word, I would not argue that those with whom I disagree are wrong.

The boycott of South Carolina has really had no or extremely little economic effect on the State. Yet, the boycott has created a stir among the independent-minded citizens of our State. I personally cannot make a decision to acquiesce to their extortion. That seems to me to place pressure over principle. That is no way for this public servant to conduct the state's business. Trying to placate tyrants will only encourage other tyrants to come into this domain.

I must also say that on another day I could have voted another way because keeping the Confederate flag on the dome was not the important issue. However, it did and does symbolize important matters. One issue of paramount importance is the fact that other states and other governments are dictating to this sovereign State what we must do. That is wrong and that is the principle upon which I voted. As I vote in the minority, I am reminded, again, that truth is neither determined by me nor by nosecount.

POINT OF ORDER

Senator MOORE moved to revert to the Motion Period.

Senator LEATHERMAN objected.

Point of Order

Senator MOORE raised a Point of Order that the motion to revert to the Motion Period did not require unanimous consent under Rule 32.

The PRESIDENT overruled the Point of Order.

The Senate proceeded to a consideration of S. 3.

Senator MOORE moved to carry over the Bill.

Senator BRANTON moved that the Senate stand adjourned.

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

Ayes 10; Nays 32

AYES

Bauer                     Branton                   Fair
Grooms                    Leatherman                Martin
Mescher                   Peeler                    Russell
Wilson

Total--10

NAYS

Alexander                 Anderson                  Bryan
Courson                   Drummond                  Elliott
Ford                      Giese                     Glover
Gregory                   Hayes                     Holland
Hutto                     Jackson                   Land
Leventis                  Matthews                  McConnell
McGill                    Moore                     Passailaigue
Patterson                 Rankin                    Ravenel
Reese                     Richardson                Setzler
Short                     Smith, J. Verne           Thomas
Waldrep                   Washington

Total--32

The Senate refused to adjourned.

CARRIED OVER

S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the Amendment No. 1 (JUD0003.005) proposed by Senators RYBERG and BRYAN and previously printed in the Journal of March 25, 1999.

Senator J. VERNE SMITH moved to carry over the Bill.

Parliamentary Inquiry

Senator BRANTON made a Parliamentary Inquiry as to whether or not the motion was debatable.

The PRESIDENT stated that the motion was not debatable.

The Bill was carried over.

CARRIED OVER

H. 4450 (Word version) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law, Stuart, Emory and Whatley: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 56-15-140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.

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

Senator BRYAN moved that the Bill be carried over.

The Bill was carried over.

Senator MOORE moved to revert to the Motion Period.

Parliamentary Inquiry

Senator BRANTON made a Parliamentary Inquiry as to the current Order of Business that was before the Senate.

The PRESIDENT stated that the Senate had concluded the Special Orders category of business.

Senator McCONNELL moved to revert to the Motion Period.

Parliamentary Inquiry

Senator RYBERG made a Parliamentary Inquiry as to whether or not a two-thirds vote was required.

The PRESIDENT stated that a two-thirds vote was required.

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

Ayes 33; Nays 9

AYES

Alexander                 Anderson                  Bryan
Courson                   Drummond                  Elliott
Ford                      Giese                     Glover
Gregory                   Hayes                     Holland
Hutto                     Jackson                   Land
Leventis                  Martin                    Matthews
McConnell                 McGill                    Moore
Passailaigue              Patterson                 Rankin
Ravenel                   Reese                     Richardson
Setzler                   Short                     Smith, J. Verne
Thomas                    Waldrep                   Washington

Total--33

NAYS

Bauer                     Branton                   Fair
Grooms                    Leatherman                Mescher
Peeler                    Ryberg                    Wilson

Total--9

THE SENATE REVERTED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

S. 1266 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 10, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS.

On behalf of the Chairmen's Committee, Senator DRUMMOND moved to make the Bill a Special Order.

The Bill was made a Special Order.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Florence County Delegation, the following appointments were confirmed in open session.

Initial Appointment, Florence County Board of Voter Registration, with term to commence March 15, 2000, and to expire March 15, 2004:

Bobby S. Belin, 548 Ashley Road, Johnsonville, S.C. 29555 VICE Corin Jones

Initial Appointment, Florence County Judge of Probate, with term to commence June 30, 1998, and to expire June 30, 2002:

Kenneth Eaton, Jr., 2320 Timberland Drive, Florence, S.C. 29506 VICE Patsy S. Stone

MOTION ADOPTED

On motion of Senator RAVENEL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Floyd Wilson Farley of Hanahan, S.C.

ADJOURNMENT

At 8:05 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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This web page was last updated on Friday, June 26, 2009 at 9:36 A.M.