On motion of Senator MOORE, with unanimous consent, the introduction of the Resolution was temporarily carried over pending distribution of copies of the Resolution.
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.
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 WilsonA quorum being present, the Senate resumed.
At 11:42 A.M., the PRESIDENT assumed the Chair.
Senators DRUMMOND, J. VERNE SMITH, COURTNEY, REESE and ELLIOTT recorded their presence subsequent to the Call of the Senate.
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.
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:
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
Bryan Ford Glover Holland Land Lander Matthews Passailaigue Patterson Rankin Saleeby Smith, G.
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.
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.
At 12:55 P.M., on motion of Senator SALEEBY, the Senate receded from business until 2:15 P.M.
The Senate reassembled at 2:20 P.M. and was called to order by the PRESIDENT.
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
Ryberg Saleeby Setzler Smith, G. Smith, J.V. Waldrep WilsonA quorum being present, the Senate resumed.
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.
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:
Gregory Leventis Mescher Peeler Russell Ryberg Setzler Wilson
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
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.
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
Senator MOORE was recognized to speak on the introduction of the Resolution.
Consideration was interrupted by the consideration of H. 4443.
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.
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.
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.
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.
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.
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.
At 3:20 P.M., Senator LEATHERMAN requested a leave of absence from 4:00 - 10:00 P.M.
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:
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
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.
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.
Senator MOORE rose to a Point of Personal Privilege.
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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