South Carolina General Assembly
112th Session, 1997-1998
Journal of the Senate

Thursday, January 15, 1998
(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, as a tribute to the memory of Dr. Martin Luther King, Jr., known now in history as the apostle of non-violence in a world known for its violence, we read a portion of St. Paul's First Letter to the Corinthians (13:4-7):
"Love is patient and kind; love is not jealous or boastful; it is not arrogant or rude. Love does not insist on its own way; it is not irritable or resentful; it does not rejoice at wrong; but rejoices in the right."
Let us pray.
Lord, God of us all, You put us on this planet in many races. You made us one family... one human blood... totally dependent on our kinship with You. Give us Your nature, Your Spirit, that we may respect each other as brothers and sisters.
St. Paul called it "the more excellent way." We call it now "the only way" to a world of peaceful coexistence.
We see that the law cannot force the achievement of this dream, but the grace and the Spirit of God can.
We pray for this Spirit!
Amen!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

REPORT RECEIVED
Strom Thurmond Monument Commission
Report to the South Carolina General Assembly
January 15, 1998

Pursuant to the Joint Resolution (S. 407) that created the Strom Thurmond Monument Commission, I am reporting to the South Carolina General Assembly on the proposed Strom Thurmond monument design, location, and dedication date. The Joint Resolution was ratified on March 25, 1997, and signed by the Governor on March 31, 1997.
At the July 16, 1997, commission meeting, commissioners selected a site on the State House Complex. The location on the south side of the State House is marked by the letter "K" on the Office of General Services' map of complex monuments and memorials.
The design chosen by the commission at the January 13, 1998, commission meeting depicts a full-figured bronze statue. The striding figure will be atop a stone foundation.
Two dates have been chosen as possibilities for the unveiling and dedication: April 5, 1999, or June 1, 1999.

/s/John Courson, Chairman
South Carolina Senator

Doctor of the Day

Senator GIESE introduced Dr. Nelson Weston of Columbia, S.C., Doctor of the Day.

Leave of Absence

At 1:20 P.M., Senator DRUMMOND requested a leave of absence from 1:20 P.M.-4:00 P.M.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 924 -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE CONSOLIDATION OF THE SCHOOL DISTRICTS OF ORANGEBURG COUNTY, SO AS TO PROVIDE FOR CERTAIN PROCEDURAL REQUIREMENTS WHICH MUST BE MET BEFORE SCHOOLS MAY BE CLOSED BY THE BOARD OF TRUSTEES OF A CONSOLIDATED DISTRICT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

Ordered to a Second Reading

On motion of Senator MATTHEWS, S. 924 was ordered to receive a second reading on Friday, January 16, 1998.

S. 925 -- Senators Cork and Washington: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

S. 925--Ordered to a Second and Third Reading

On motion of Senator CORK, with unanimous consent, S. 925 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 926 -- Senator Passailaigue: A BILL TO AMEND SECTION 12-43-220 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX CLASSIFICATIONS AND ASSESSMENT RATIOS, SO AS TO PROVIDE THAT, IF A CHANGE IN PROPERTY OWNERSHIP OCCURS AND THE NEW OWNER DOES NOT QUALIFY FOR THE FOUR PERCENT RESIDENTIAL PROPERTY ASSESSMENT RATIO, THE SIX PERCENT ASSESSMENT RATIO SHALL APPLY TO THE PROPERTY ONLY FOR THE PORTION OF THE TAX YEAR IN WHICH THE PROPERTY IS OWNED BY THE NEW OWNER; AND TO EXTEND THE TIME BY WHICH A WRITTEN NOTICE OF OBJECTION TO AN ASSESSMENT RATIO MUST BE FILED FOR THE 1997 TAX YEAR.
Read the first time and referred to the Committee on Finance.

S. 927 -- Senators Drummond, Martin, Alexander, Waldrep, Giese, Wilson, Saleeby, Hayes, Leatherman, Ravenel, McConnell, Land, Leventis, Moore, Holland and Cork: A CONCURRENT RESOLUTION TO COMMEND AND THANK THE RICHARD KING MELLON FOUNDATION, THE CONSERVATION FUND, DUKE ENERGY CORPORATION, THE STATE BUDGET AND CONTROL BOARD, AND THE BOARD AND DEPARTMENT OF NATURAL RESOURCES FOR THEIR ROLES IN THE STATE'S PURCHASE OF THE JOCASSEE GORGES PROPERTY AND TO REQUEST THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO NAME THIS PRISTINE WILDERNESS AREA THE "JIM TIMMERMAN NATURAL AREA AT JOCASSEE GORGES" IN HONOR OF DR. JAMES A. TIMMERMAN, JR., RETIRED DIRECTOR OF THE DEPARTMENT AND ONE OF THIS STATE'S MOST RESPECTED CONSERVATIONISTS.
The Concurrent Resolution was introduced and referred to the Committee on Fish, Game and Forestry.

S. 928 -- Senators Lander, Waldrep, McConnell and Courtney: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A BILL OF RIGHTS FOR CRIME VICTIMS, SO AS TO PROVIDE THAT REQUIREMENTS THAT VICTIMS OF CRIMES BE NOTIFIED AND INFORMED OF THEIR RIGHTS AND PRIVILEGES CONFERRED UPON THEM UNDER THIS SECTION DO NOT APPLY TO CRIMES THE GENERAL ASSEMBLY BY LAW EXCLUDES FROM THESE REQUIREMENTS, AND TO PERMIT THE GENERAL ASSEMBLY BY LAW TO FURTHER DEFINE THE TERM "VICTIM" FOR PURPOSES OF THIS SECTION TO STIPULATE THE SPECIFIC INDIVIDUALS TO WHOM THIS SECTION APPLIES.
Senator LANDER spoke on the Resolution.

Read the first time and ordered placed on the Calendar without reference.

H. 4315 -- Reps. Beck, Mason, R. Smith, Sharpe, Spearman and Clyburn: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE AIKEN COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE BOARD'S AUTHORITY WITH REGARD TO ADMINISTRATIVE AREA OFFICES AND AREA ADVISORY COUNCILS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4405 -- Reps. Delleney, D. Smith, Canty, Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, JANUARY 27, 1998, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001.
Introduced and referred to the Committee on Judiciary.

H. 4406 -- Rep. Hawkins: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF NELL DAVIS CLARK OF SPARTANBURG COUNTY WHO DIED SUNDAY, JANUARY 11, 1998.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4416 -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION CONGRATULATING THE LAURENCE MANNING ACADEMY SWAMPCATS OF CLARENDON COUNTY ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION (SCISAA) DIVISION III STATE FOOTBALL CROWN FOR 1997.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4417 -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION CONGRATULATING MISS NATALIE KEITH OF MANNING ON WINNING THE TITLE OF "PRE-TEEN SOUTH CAROLINA" IN THE 1997 PRE-TEEN SOUTH CAROLINA SCHOLARSHIP AND RECOGNITION PROGRAM.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4418 -- Reps. Harvin and Spearman: A CONCURRENT RESOLUTION SALUTING AND THANKING HARRY S. BELL FOR HIS OUTSTANDING SERVICE AS PRESIDENT OF THE SOUTH CAROLINA FARM BUREAU FEDERATION AND ITS AFFILIATED COMPANIES AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.

H. 4427 -- Reps. Govan, Cobb-Hunter, Felder, Sharpe and Stuart: A CONCURRENT RESOLUTION RECOGNIZING DR. WALTER L. TOBIN, SUPERINTENDENT OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FIVE, FOR HIS THIRTY YEARS OF CONTRIBUTION TO PUBLIC EDUCATION AND FOR HIS SELECTION AS SOUTH CAROLINA SUPERINTENDENT OF THE YEAR BY THE STATE ASSOCIATION OF SCHOOL ADMINISTRATORS.
The Concurrent Resolution was adopted, ordered returned to the House.

HOUSE CONCURRENCE

S. 894 -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. JOHN L. MCCOY OF GREAT FALLS UPON HIS DEATH.
Returned with concurrence.
Received as information.

HOUSE CONCURRENCE

S. 901 -- Senator Short: A CONCURRENT RESOLUTION EXTENDING THE DATE BY WHICH THE "COMMITTEE TO STUDY CONSUMER FINANCE ISSUES" MUST MAKE ITS REPORT TO THE GENERAL ASSEMBLY.
Returned with concurrence.
Received as information.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 4189 -- Reps. T. Brown and Miller: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS.
(By prior motion of Senator HOLLAND)

SECOND READING BILL

The following Joint Resolution, having been read the second time, was ordered placed on the third reading Calendar:

S. 923 -- Senator Holland: A JOINT RESOLUTION TO PROVIDE THAT CONCURRENT LAW ENFORCEMENT JURISDICTION IS GRANTED TO THE UNITED STATES OF AMERICA OVER THE NATIONAL ADVOCACY CENTER FOR AS LONG AS THE UNITED STATES OF AMERICA LEASES THE CENTER.
(By prior motion of Senator HOLLAND, with unanimous consent)

ADOPTED

S. 886 -- Senators Saleeby, McGill and Ravenel: A CONCURRENT RESOLUTION TO REQUEST THAT THE S.C. FORESTRY COMMISSION COMPLEX IN DARLINGTON COUNTY BE NAMED IN HONOR OF GARY H. SLAVENS.

Senator SALEEBY asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.

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

AMENDMENT PROPOSED, CONSIDERATION
INTERRUPTED

S. 157 -- Senator Passailaigue: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
The House returned the Bill with amendments.

Senator PASSAILAIGUE moved to carry over the Bill.
Senator PEELER moved to table the motion to carry over the Bill.

The motion to carry over the Bill was laid on the table.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. 2 (157R006.ELP) proposed by Senator PASSAILAIGUE and previously printed in the Journal of Wednesday, January 14, 1998.

Senators J. VERNE SMITH, PEELER and PASSAILAIGUE spoke on the amendment.
Senator PEELER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 16; Nays 24

AYES

Alexander                 Cork                      Courtney
Elliott                   Fair                      Giese
Hayes                     Martin                    Peeler
Rankin                    Reese                     Ryberg
Short                     Thomas                    Waldrep
Wilson                    

Total--16

NAYS

Anderson                  Branton                   Courson
Drummond                  Ford*                     Grooms
Holland                   Hutto                     Land
Lander                    Leventis                  Matthews
McConnell                 McGill                    Mescher
Moore                     O'Dell                    Passailaigue
Patterson                 Ravenel                   Saleeby
Setzler                   Smith, J. Verne           Washington

Total--24

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator PEELER argued contra to the adoption of the amendment.
Senator McCONNELL argued in favor of the adoption of the amendment.
Senator DRUMMOND spoke on the amendment.
Senator RAVENEL argued in favor of the adoption of the amendment.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator PEELER argued contra to the adoption of the amendment.
Senator RYBERG spoke on the amendment.
Senator MOORE spoke on the amendment.

On motion of Senator MOORE, consideration was interrupted by adjournment.

MOTION ADOPTED

On motion of Senator ANDERSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Thomassena Paige Jones of Greenville, S.C. Ms. Jones was Senator ANDERSON's favorite teacher at Sterling High School in Greenville.

Time Fixed

Senator MOORE moved that, when the Senate adjourns on Friday, January 16, 1998, it stand adjourned to meet next Tuesday, January 20, 1998, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 1:50 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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