Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 3400, May 29 | Printed Page 3420, May 30 |

Printed Page 3410 . . . . . Thursday, May 30, 1996

Senator MOORE was recognized to speak on the introduction of H. 5041.

On motion of Senator MOORE, with unanimous consent, the introduction of the Resolution was temporarily carried over pending distribution of copies of the Resolution.

Motion Adopted

On motion of Senator SETZLER, with unanimous consent, Senators DRUMMOND, COURTNEY and J. VERNE SMITH were granted leave to attend a meeting of the Committee of Conference on H. 4600, the General Appropriation Bill, and be counted in any quorum calls.

Call of the Senate

At 11:32 A.M., Senator MOORE, with unanimous consent, moved that a call of the Senate be made. The following Senators answered the call:

Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Drummond             Fair                 Ford
Giese                Glover               Gregory
Hayes                Holland              Hutto
Jackson              Land                 Lander
Leatherman           Leventis             Martin
Matthews             McConnell            McGill
Mescher              Moore                O'Dell
Passailaigue         Patterson            Peeler
Rankin               Richter              Rose
Russell              Ryberg               Saleeby
Setzler              Short                Smith, G.
Smith, J.V.          Thomas               Waldrep
Wilson               
A quorum being present, the Senate resumed.

PRESIDENT PRESIDES

At 11:42 A.M., the PRESIDENT assumed the Chair.

Presence Recorded

Senators DRUMMOND, J. VERNE SMITH, COURTNEY, REESE and ELLIOTT recorded their presence subsequent to the Call of the Senate.


Printed Page 3411 . . . . . Thursday, May 30, 1996

CONSIDERATION INTERRUPTED

S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.

The House returned the Bill with amendments.

Senator LAND moved to commit the Bill to the Committee on Transportation.

Senator WILSON moved to table the motion to commit.

Point of Order

Senator THOMAS raised a Point of Order that the motion to commit was out of order inasmuch as the Bill had already received three readings in both Houses.

The PRESIDENT overruled the Point of Order.

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

Ayes 27; Nays 12

AYES
Alexander           Boan                Cork
Courson             Fair                Giese
Gregory             Hayes               Hutto
Leatherman          Leventis            Martin
McConnell           McGill              Mescher
Moore               O'Dell              Peeler
Richter             Rose                Russell
Ryberg              Setzler             Short
Thomas              Waldrep             Wilson
TOTAL--27

NAYS
Bryan                Ford                 Glover
Holland              Land                 Lander
Matthews             Passailaigue         Patterson
Rankin               Saleeby              Smith, G.
TOTAL--12


Printed Page 3412 . . . . . Thursday, May 30, 1996

The motion to commit was laid on the table.

Senator WILSON moved to concur in the House amendments.

Senator BRYAN argued contra to the motion to concur.

Senator LAND argued contra to the motion to concur.

OBJECTION

With Senator LAND retaining the floor, Senator COURTNEY asked unanimous consent to make a motion to take up H. 3838 for immediate consideration.

Senator MOORE objected.

Senator LAND continued arguing contra to the motion to concur.

With Senator LAND retaining the floor, Senator SALEEBY asked unanimous consent, to make a motion that the Senate stand in recess until 2:15 P.M.

Consideration was interrupted by recess, with Senator LAND retaining the floor.

RECESS

At 12:55 P.M., on motion of Senator SALEEBY, the Senate receded from business until 2:15 P.M.

AFTERNOON SESSION

The Senate reassembled at 2:20 P.M. and was called to order by the PRESIDENT.

Call of the Senate

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

Alexander            Boan                 Bryan
Cork                 Courtney             Drummond
Giese                Glover               Gregory
Hayes                Holland              Hutto
Land                 Lander               Leatherman
Leventis             Martin               Matthews
McConnell            Mescher              Moore
Passailaigue         Patterson            Peeler
Rankin               Richter              Rose

Printed Page 3413 . . . . . Thursday, May 30, 1996

Ryberg               Saleeby              Setzler
Smith, G.            Smith, J.V.          Waldrep
Wilson               
A quorum being present, the Senate resumed.

RECOMMITTED

S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.

The Senate resumed consideration of the Bill. The question being the concurrence with the House amendments.

Senator LAND argued contra to the motion to concur with the House amendments.

OBJECTION

Senator SALEEBY asked unanimous consent to make a motion to take up for immediate consideration, H. 5041.

Senator RYBERG objected.

Senator LAND argued contra to the motion to concur with the House amendments.

Senator LAND moved to reconsider the vote whereby the motion to commit the Bill was laid on the table.

On motion of Senator LAND, with unanimous consent, the motion to reconsider was withdrawn.

Senator LAND moved to recommit the Bill to the Committee on Transportation.

Senator WILSON moved to table the motion to recommit the Bill.

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

Ayes 8; Nays 30

Printed Page 3414 . . . . . Thursday, May 30, 1996

AYES
Gregory             Leventis            Mescher
Peeler              Russell             Ryberg
Setzler             Wilson              
TOTAL--8

NAYS
Alexander            Boan                 Bryan
Cork                 Courtney             Drummond
Fair                 Giese                Glover
Hayes                Holland              Hutto
Land                 Lander               Martin
Matthews             McConnell            McGill
Moore                O'Dell               Passailaigue
Patterson            Rankin               Richter
Rose                 Saleeby              Short
Smith, G.            Smith, J.V.          Waldrep
TOTAL--30

The Senate refused to table the motion to recommit the Bill. The question then was the motion to recommit the Bill to the Committee on Transportation.

The Bill was recommitted to the Committee on Transportation.

THE SENATE PROCEEDED TO THE INTRODUCTION OF BILLS AND RESOLUTIONS.

CONSIDERATION INTERRUPTED

H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976


Printed Page 3415 . . . . . Thursday, May 30, 1996

CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

Senator MOORE was recognized to speak on the introduction of the Resolution.

Consideration was interrupted by the consideration of H. 4443.

ADOPTION OF AMENDMENT RECONSIDERED, AMENDED

READ THE THIRD TIME, RETURNED TO THE HOUSE

H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and Jaskwhich: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE SOUTH CAROLINA CHARTER SCHOOL ACT WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED, AND TO ESTABLISH A CHARTER SCHOOLS REVIEW COMMITTEE TO REVIEW THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ACT.

With Senator MOORE retaining the floor, Senator SETZLER asked unanimous consent to take up the Bill for immediate consideration, and upon completion of H. 4443, resume consideration of H. 5041.
There was no objection.

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


Printed Page 3416 . . . . . Thursday, May 30, 1996

Motion to Reconsider Adopted

Amendment No. 5

Having voted on the prevailing side, Senator BRYAN moved to reconsider the vote whereby Amendment No. 5 was laid on the table.

The motion to reconsider was adopted.

The question then was the adoption of Amendment No. 5.

Senator BRYAN moved to table the amendment.

Amendment No. 5 was laid on the table.

Amendment No. 2

Senator MATTHEWS proposed the following Amendment No. 2 (S-EDUC\4443.11), which was adopted:

Amend the bill, as and if amended, on page 4, line 29 after /limitations./ by inserting:

/However, under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent./.

Amend title to conform.

The amendment was adopted.

Amendment No. 3

Senator MATTHEWS proposed the following Amendment No. 3 (S-EDUC\4443.02), which was adopted:

Amend the bill, as and if amended, on page 6, line 35 by adding a new subitem to read:

/( ) a description of how the charter school plans to ensure that the enrollment of the school is similar to the racial composition of the school district;/

Renumber subitems to conform.

Amend title to conform.

The amendment was adopted.

The question then was the third reading of the Bill.

Senator PATTERSON spoke on the Bill.


Printed Page 3417 . . . . . Thursday, May 30, 1996

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

INTRODUCED, AMENDED AND ADOPTED

H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976 CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

The Senate resumed consideration of the Resolution.

Senator MOORE was recognized.

Point of Order

Senator RYBERG raised a Point of Order that H. 5041 was not before the body inasmuch as it would take unanimous consent to take up the Resolution for immediate consideration.


Printed Page 3418 . . . . . Thursday, May 30, 1996

Leave of Absence

At 3:20 P.M., Senator LEATHERMAN requested a leave of absence from 4:00 - 10:00 P.M.

Point of Personal Privilege

Senator RICHTER rose to a Point of Personal Privilege.

On motion of Senator REESE, with unanimous consent, the remarks of Senator RICHTER were ordered printed in the Journal:

Remarks by Senator RICHTER

Mr. President and ladies and gentlemen of the Senate, please allow me this opportunity to bid you farewell and to express to you my appreciation for your many kindnesses.

I am grateful to the Clerk and his staff, the Director of Research and his staff, the Sergeant at Arms and his staff, the committee employees, the pages and the Chaplain of the Senate. All of you never say no, you work in good spirits and you somehow, almost magically, almost impossibly, satisfy forty-six bosses, forty-six egos, forty-six personalities. Thank you.

I wish to thank my fellow Senators, my friends, for being my friends and for your service to our State. The decisions we make affect peoples' lives. The office we hold is difficult and important. But, the office doesn't belong to us. We hold this office now, but it doesn't belong to us. It is a public office. It belongs to the people. Someone held each of your seats before you did, and someone will hold each of your seats after you. So, don't get too attached. It belongs to the public. You only hold it temporarily, and you must do so with dignity and humility.

I thank those outside this body who have worked for worthy causes and who are not motivated by personal gain. Particularly, I thank those who have worked so tirelessly for victims rights, the environment, children and the aged.

And, I thank the public, the people of Senate District 44 who have given me their trust, and of whose trust I hope I have proven myself worthy.

Most of all, I thank my wife and daughters for their constant love and support and the generosity with which they allowed me to devote time and attention to public works. Nothing I have done in life, including my public service, would have been possible without them. I love them dearly.

I hope that I have made some small contribution during my term here. The battles over parole elimination or modification, uniforms and work


Printed Page 3419 . . . . . Thursday, May 30, 1996

details for inmates, for victims rights, and truth in sentencing, the battles which were so hard pitched in January of 1993 seem almost routine now. So much progress has been made. So much remains to be done. Special attention is needed to the problem of juvenile crime and punishment and to the needs of the juvenile offender. Please continue that work.

And continue the work of downsizing government, of making agencies even more accountable, of making this Senate even more efficient and productive, of maintaining the independence of this Senate as the upper chamber of the legislative branch of government, of keeping the legislative branch a co-equal branch of government, of ensuring that all members of this Senate enjoy the same rights and privileges and are treated co-equally.

It has been my great privilege and pleasure to serve with you, to renew and enhance my friendship with many of you, and to come to know and develop my friendship with the rest of you. You all honor me with your friendship. Please remember me. I will never forget any of you.

Senator MOORE asked unanimous consent to make a motion to take up the Resolution for immediate consideration.

Point of Order

Senator McCONNELL raised a Point of Order that unanimous consent was not required inasmuch as the motion by Senator SETZLER interrupted consideration of H. 5041, with Senator MOORE retaining the floor pending disposition of H. 4443, and, further, that when consideration of H. 4443 was completed, the Senate would resume consideration of H. 5041, and, therefore, under the terms of Senator SETZLER's motion, the Senate had already agreed to consideration of H. 5041.

Senators McCONNELL, BRYAN, LEATHERMAN, WILSON and SETZLER spoke on the Point of Order.

The PRESIDENT overruled the Point of Order by Senator RYBERG.

Point of Personal Privilege

Senator MOORE rose to a Point of Personal Privilege.

Leave of Absence

At 4:20 P.M., on motion of Senator FAIR, Senator RICHTER was granted a leave of absence for the balance of the day.


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