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Initial Appointment, State Ethics Commission, with term to commence July 1, 1995, and to expire July 1, 2000:

At-Large:

Mr. Richard Kent Porth, 3 Panorama Drive, Lexington, S.C. 29072 VICE H. Bowen Woodruff (resigned)

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Jim Price, Sr. of Sumter, S.C.

At 5:00 P.M., on motion of Senator BRYAN, the Senate adjourned to meet in Statewide Session on Wednesday, June 26, 1996, at 11:00 A.M., in accordance with the provisions of H. 5041, the Sine Die Resolution.

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear one of the earliest of the prophets, by the name of Joel. He prophesied, perhaps, as early as 830 B.C. (3:14):

"Multitudes, multitudes,

in the valley of decision!

For the day of the Lord is near

in the valley of decision!"
Let us pray.

Dear Lord of us all, as we enter this day into the valley of decision: give us keenness of mind, foresight and insight, that our group judgments may be right in Your sight.

Father, we know that we, too, live in an age when some of earth's civil foundations are being shaken.

Help us, whether we win or lose, to rejoice in the knowledge that tells of a God of justice, and of power, who overarches in judgment all the cunning schemes of mortal man.

As we tidy up our record here, may we all hear, in our hearts, words from a Higher Realm,

"Go, my children with my blessing,

Never alone, waking or sleeping,

I am with you, you are my own."

Amen.

Senator BRYAN made the point that a quorum was not present. It was ascertained that a quorum was not present.

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

Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Drummond             Elliott              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               Reese
Richter              Rose                 Ryberg
Saleeby              Setzler              Short
Smith, G.            Smith, J.V.          Waldrep
Washington           Wilson               

At 11:14 A.M., Senator WILSON asked unanimous consent to make a motion to invite the House of Representatives to ratify acts at 11:45 A.M.

Senator MOORE objected.

Senator FAIR raised a Point of Order that the motion was made by an authorized member of the Chairmen's Committee and did not need unanimous consent.

Senator FAIR spoke on the Point of Order.

The PRESIDENT overruled the Point of Order and stated that under the provisions of Rule 14, the motion to ratify would require unanimous consent unless the motion was made by the President Pro Tempore or a member of the Chairmen's Committee authorized by the President Pro Tempore.

At 11:17 A.M., on motion of Senator MARTIN, the Senate receded from business subject to the Call of the Chair.

At 11:30 A.M., the Senate resumed.

Senator PATTERSON rose to a Point of Personal Privilege.

The following were introduced:

S. 1450 -- Senators Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leatherman, McConnell, Moore, Peeler, Courson and Wilson: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO SECTIONS 1A AND 21 OF ARTICLE III OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY MEET ON WEDNESDAY, JUNE 26, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 27, 1996, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY JUNE 28, 1996, NOT LATER THAN 5:00 P.M., FOR THE RATIFICATION OF ACTS, THE CONSIDERATION OF VETOES, APPOINTMENTS, H. 4706, BILLS OR JOINT RESOLUTIONS DEALING WITH THE ESTABLISHMENT OF AN AFRICAN-AMERICAN HISTORY MONUMENT, AND RESOLUTIONS AFFECTING SINE DIE ADJOURNMENT AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN FRIDAY, JUNE 28, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

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

(A) Pursuant to the provisions of Sections 1A and 21 of Article III of the Constitution of this State and Section 2-1-180 of the 1976 Code, each house agrees that subsequent to the convening of the Senate and House of Representatives on Wednesday, June 26, 1996, each body shall adjourn not later than 8:00 p.m., and each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Thursday, June 27, 1996, and if necessary on Friday, June 28, 1996, to adjourn not later than 5:00 p.m., for consideration of the following matters:

(1) ratification of acts;

(2) consideration of vetoes;

(3) consideration and confirmation of appointments;

(4) consideration of H. 4706 and bills or joint resolutions dealing with the establishment of an African-American History Monument; and

(5) resolutions affecting sine die adjournment, limited to the matters enumerated herein.

(B) When each house of the General Assembly adjourns not later than 5:00 p.m. on Friday, June 28, 1996, the General Assembly shall stand adjourned sine die.

Senator McCONNELL spoke on the Resolution.

Senator COURTNEY spoke on the Resolution.

Senator COURTNEY objected to consideration of the Resolution.

Senator BRYAN asked unanimous consent to make a Sense of the Senate motion that the Senate Conferees on H. 4706 be directed to insist on the Senate's position that a change in the assessment ratio used in the calculation of a fee in lieu of tax agreement currently in force on an existing facility may only be authorized by a favorable referendum in the affected county.

The Sense of the Senate motion was adopted.

Senator McCONNELL asked unanimous consent to take up the Concurrent Resolution for immediate consideration.

There was no objection.

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

Senator LEATHERMAN, with unanimous consent, was recognized to speak on the Report of the Committee of Conference on H. 4706.

Inasmuch as the Senate has been informed that the House has refused to accept S. 1450 regarding the extension of the current session of the General Assembly, it appears imminent that the Governor is likely to issue a call for an Extra Session. There is serious question as to the survival of any matters currently pending once the General Assembly adjourns Sine Die under the terms of H. 5041. Senate Rule 35 provides in pertinent part that the Senate "may move to continue a matter,... to the second, or any special session of the same General Assembly, and if the Senate agrees thereto, the matter shall be thereunto continued."

While the biennial session of this General Assembly will end when adjournment Sine Die occurs today or tomorrow, under the provisions of H. 5041, the Senate may preserve a matter currently under consideration in this session by continuation of the matter under the provisions of Rule 35. Should the Governor call an Extra Session, then the Clerk would be

There is no precedent which indicates that matters not continued survive Sine Die adjournment should the Governor call an Extra Session. This question would be available to the Senate should the Governor call an Extra Session. In view of the foregoing, I have a series of motions pertaining to various matters on which I will make a motion to continue.

S. 1451 -- Senators Ryberg, Richter, McConnell, Passailaigue, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Rose, Russell, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS AND EMPLOYEES OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE HONORABLE CLYDE MOULTRIE DANGERFIELD OF THE ISLE OF PALMS, SOUTH CAROLINA, WHO DIED WEDNESDAY, JUNE 19, 1996, AS HE WAS BEING TRANSPORTED TO EAST COOPER HOSPITAL VIA THE CLYDE M. DANGERFIELD BRIDGE.

Whereas, Clyde Moultrie Dangerfield was born in Oakley, in Berkeley County, South Carolina, on February 24, 1915, a son of the late Obie J. and Abbie Locklair Dangerfield, Sr., who were one of the state's last rice farmers; and

Whereas, a graduate of Berkeley High School, Moncks Corner, he attended Clemson College, answering the call of the United States Army for three years during World War II after which time he was discharged honorably with the rank of staff sergeant on November 22, 1945, when he settled in Charleston; and

Whereas, he met his beloved Betty Pauline Nelson, and proceeded to found Suburban Gas and Appliance Company, which he owned for forty years; and

Whereas, he and Betty Nelson were married on November 17, 1946; and

Whereas, they moved to the then new Isle of Palms in April 1948, where they raised their six children: Clyde M. Dangerfield, Jr., of Mount Pleasant; Dolly D. Cannon, of Isle of Palms; Timothy Nelson Dangerfield

Whereas, among Mr. Dangerfield's chief concerns was that there was no church established yet on the Island, and his first order of business was to begin the process of acquiring a Methodist Church and pastor. Isle of Palms United Methodist Church held a special place in his heart over the years as he watched it grow, be demolished by Hurricane Hugo, and rise from the ashes once more; and

Whereas, Clyde Dangerfield, so active in so many civic causes, was first elected to the South Carolina House of Representatives in a special countywide election for Charleston County on September 15, 1953, and was reelected for eighteen consecutive terms, attaining number one in seniority, retiring in 1988. He served under nine Governors: Byrnes, Timmerman, Hollings, Russell, McNair, West, Edwards, Riley, and Campbell, and in 1991 he received an Honorary Doctor of Humane Letters Degree from the College of Charleston; and

Whereas, Mr. Dangerfield, even though quite active in legislative matters--Chairman of the House Labor, Commerce and Industry Committee, past chairman of the Charleston County Legislative Delegation, chairman of the Delegation Roads Committee for twenty-two years, and chairman of the Charleston Area Transportation Study Policy Committee (CHATS) from its inception until his retirement-- was instrumental in obtaining funds for the construction of the Mark Clark Expressway (I-526) and the Isle of Palms Connector, named in his honor. It was largely through his efforts that many Charleston area wooden structured bridges have been replaced; and

Whereas, Representative Dangerfield was a charter member and volunteer captain (retired) of the Isle of Palms Volunteer Fire Department; charter and lifemember and past president of the Isle of Palms Exchange Club, organized in 1948, and he was the first to receive the club's Book of Golden Deeds Award; a member of American Legion Palmetto Post 112; founder and charter member of the First United Methodist Church, Isle of Palms; he had served as chairman of Boy Scout Troop 34, Isle of Palms. He was also a Mason, a lifemember of Etiwan Lodge No. 95, Mount Pleasant A.F.M.; and

Whereas, in addition to his beloved wife of fifty years, Betty Nelson Dangerfield and their six children, Mr. Dangerfield is survived by one brother, William Henry Dangerfield, and one sister, Dessie D. Sabiston, both of Oakley, as well as ten grandchildren. Now, therefore,

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

Be it further resolved that a copy of this resolution be forwarded to Mrs. Clyde M. Dangerfield, Sr., of Isle of Palms, South Carolina.

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

The House refused to accept the Resolution.

S. 1452 -- Senators Drummond, Alexander, Boan, Bryan, Cork, Courson, Courtney, Elliott, 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, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO PROVIDE THAT IF AN EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY IS CALLED BY THE GOVERNOR DURING THE CALENDAR YEAR 1996, THE MEMBERS OF THE GENERAL ASSEMBLY SHALL NOT RECEIVE ANY PER DIEM OR OTHER SALARY DURING THE TERM OF THE EXTRAORDINARY SESSION.

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

That, notwithstanding any provision of law to the contrary, if an extraordinary session of the General Assembly is called by the Governor during the calendar year 1996, the members of the General Assembly shall not receive any per diem or other salary during the term of the extraordinary session.

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

The House refused to accept the Resolution.

H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.

Senator McCONNELL asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senator McCONNELL proposed the following Amendment No. 1 (3203R004.GFM), which was adopted:

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

/TO ESTABLISH AN AFRICAN-AMERICAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS, TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT, AND TO FURTHER DIRECT THE COMMISSION TO CONDUCT A FEASIBILITY STUDY FOR AN AFRICAN-AMERICAN HISTORY MUSEUM.

Whereas, the State of South Carolina has, as a matter of state policy, erected various monuments on the State House grounds to honor the contributions of various individuals and groups to the state's history; and

Whereas, the State has recently reaffirmed this policy by requiring all portraits, flags, banners, monuments, statues, and plaques which are removed during the current State House Renovation Project to be returned to their original locations following completion of the project; and

Whereas, some official symbol should be placed that recognizes the special and unique experiences and contributions of African-Americans in this State; and

Whereas, the placement of a permanent monument on the State House grounds is the most visible and efficient means of official recognition. Now, therefore,

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

SECTION 1. There is hereby established on the grounds of the State House an African-American History Monument. The design and placement of the monument shall be determined by the commission appointed pursuant to Section 2 of this resolution. The commission shall make reasonable efforts to incorporate all eras of African-American history in the design. The monument shall be erected as soon as is reasonably possible after it is approved by the General Assembly by concurrent resolution and the State House Renovation Project is completed.

SECTION 2. (a) An African-American History Monument Commission is created to determine the design of the monument and to determine the placement of the monument on the State House grounds. The commission is empowered and directed to raise private funds and to receive gifts and grants to carry out the purpose for which it is created. By January 1, 1997, the commission shall report the proposed design of the monument to the State House Committee for its approval. After action by the committee approving the design, the State House Committee shall cause to be introduced the concurrent resolution serving as the instrument of approval as provided in Section 1 of this joint resolution. The State shall ensure proper maintenance of the monument as is done for other historical monuments on the State House grounds.

Four members must be appointed by the President Pro Tempore of the Senate, four members must be appointed by the Speaker of the House of Representatives, and one member must be appointed by the Governor. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to this commission. One of the members appointed by the President Pro Tempore must be a Senator and one of the members appointed by the Speaker must be a member of the House of Representatives.

Commission members are not entitled to receive the subsistence, mileage, and per diem otherwise provided by law for members of state boards, committees, and commissions.

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