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 St. Paul's exhortation to the Philippians, Chapter 4:8f:

"Finally beloved, whatever is true, whatever is honorable,

whatever is just, whatever is pure, whatever is pleasing, whatever

is commendable, if there is any excellence and if there is any-

thing worthy of praise, think about these things... and the God

of peace will be with you."

God of peace will be with you.
Let us pray.

Indeed, O Lord, we do not know what a day will bring forth. Perhaps change! Perhaps struggle! Perhaps joy! Perhaps gloom!

But we do know that the day will bring strength from You, O Lord, to live it through with honor. And so,

"Lord, for tomorrow and its needs we do not pray...

Let us be kind in word and deed, Father, just for today!"
Amen.

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

The following appointment was transmitted by the Honorable James H. Hodges:

Reappointment, South Carolina State Board of Barber Examiners, with term to commence June 30, 1999, and to expire June 30, 2003:

Master:

Edwin C. Barnes, Kings Row Barbering, 630 Harden Street, Columbia, S.C. 29205

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Beaufort County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Joseph McDomick, Jr., P.O. Box 1271, St. Helena, S.C. 29920 VICE George B. Brown

Senator LEATHERMAN introduced Dr. Coleman Floyd of Florence, S.C., Doctor of the Day.

S. 1285 (Word version) -- Senators Wilson, Hayes, Branton, Leventis and Ravenel: A CONCURRENT RESOLUTION DESIGNATING APRIL 12, 2000, AS "SOUTH CAROLINA NATIONAL GUARD APPRECIATION DAY" IN HONOR OF THE MEN AND WOMEN PROUDLY SERVING IN THE SOUTH CAROLINA NATIONAL GUARD AND IN GRATITUDE FOR THEIR OUTSTANDING SERVICE AND MANY SACRIFICES.

Senator WILSON asked unanimous consent to make a motion to recall the Resolution from the General Committee.

There was no objection.

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

There was no objection.

Senator WILSON asked unanimous consent to adopt the Concurrent Resolution.

There was no objection.

The Resolution was recalled, adopted and ordered sent to the House.

S. 1232 (Word version) -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ENACTING THE SOUTH CAROLINA PRESERVATION OF SCHOOLS TAX BASE ACT, BY ADDING SECTION 4-1-171 SO AS TO SPECIFY THE PROPERTY WHICH MAY BE LOCATED IN A MULTICOUNTY INDUSTRIAL OR BUSINESS PARK.

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

There was no objection.

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

The following were introduced:

S. 1312 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION URGING THE UNITED STATES CONGRESS TO FULLY FUND THE RICKY RAY HEMOPHILIA RELIEF FUND ACT FOR HIV VICTIMS.
l:\s-res\tlm\005hemo.kad.doc

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

H. 4558 (Word version) -- Reps. J. Smith, Lourie, Hawkins and Klauber: A BILL TO AMEND SECTION 25-1-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF OATHS BY OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT, IN ADDITION TO BEING AUTHORIZED AND EMPOWERED TO ADMINISTER OATHS AND AFFIRMATIONS IN ALL MATTERS PERTAINING TO OR CONCERNING THE NATIONAL GUARD OF SOUTH CAROLINA, ALL COMMISSIONED AND WARRANT OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD ARE AUTHORIZED AND EMPOWERED TO ACT AS A NOTARY IN ACCORDANCE WITH THE PROVISIONS OF, THE UNITED STATES CODE, AND THIS SECTION; AND TO AMEND CHAPTER 1, TITLE 25, RELATING TO COMMISSIONED AND WARRANT OFFICERS, BY ADDING SECTION 25-1-635, SO AS TO PROVIDE THAT NATIONAL GUARD LEGAL ASSISTANCE ATTORNEYS MAY RENDER LEGAL ASSISTANCE TO THE IMMEDIATE FAMILY MEMBERS AND DEPENDENTS OF MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHEN, IN THE OPINION OF THE LEGAL ASSISTANCE OFFICER, SUCH LEGAL ASSISTANCE ENHANCES THE OVERALL MOBILIZATION READINESS OF A MEMBER OF THE NATIONAL GUARD AND TO PROVIDE FOR THE SCOPE OF PRACTICE, DUTIES, AND LIMITATIONS OF LEGAL ASSISTANCE ATTORNEYS AND JUDGE ADVOCATES.

Read the first time and referred to the General Committee.

H. 4634 (Word version) -- Reps. Hawkins, Allison, Davenport and Littlejohn: A BILL TO AMEND SECTION 16-11-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF COMMUNICATING A THREAT TO KILL, INJURE, INTIMIDATE, OR DESTROY PROPERTY BY MEANS OF AN EXPLOSIVE OR INCENDIARY DEVICE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

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

H. 4771 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2459, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4859 (Word version) -- Rep. Riser: A CONCURRENT RESOLUTION TO EXTEND THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE LEXINGTON HIGH SCHOOL "WILDCATS" BOYS BASKETBALL TEAM AND THEIR COACHES FOR AN EXCEPTIONAL SEASON AND ON THE OCCASION OF WINNING THE 1999-2000 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.

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

H. 4883 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE BOYS AND GIRLS CLUBS OF SOUTH CAROLINA FOR THEIR INVALUABLE DEDICATION AND CONTRIBUTIONS TO OUR COMMUNITIES ON THE OCCASION OF THE "YOUTH OF THE YEAR CELEBRATION" APRIL 5 AND 6, 2000, AND TO RECOGNIZE AND COMMEND THE OUTSTANDING 2000 YOUTH OF THE YEAR CANDIDATES.

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

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

S. 389 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 41, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM ATTACHMENT LEVY AND SALE, BY ADDING SECTION 15-41-33 SO AS TO PROVIDE THAT THE EXEMPTION FROM ATTACHMENT FOR A DISABILITY BENEFIT PROVIDED IN SECTION 15-41-30 SHALL NOT APPLY WITH RESPECT TO A LEVY OR EXECUTION OF A JUDGMENT FOR RESTITUTION OR A CIVIL JUDGMENT CONVERTED FROM A RESTITUTION ORDER.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1058 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 20-7-6605, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS IN THE JUVENILE JUSTICE CODE, SO AS TO DEFINE VALID COURT ORDER; TO AMEND SECTION 20-7-7810, RELATING TO COMMITMENT OF CHILDREN, SO AS TO PROVIDE THAT A CHILD WHO COMMITS A STATUS OFFENSE MAY BE COMMITTED TO THE CUSTODY OF A CORRECTIONAL INSTITUTION ONLY IF THE CHILD HAS BEEN FOUND IN CONTEMPT OF COURT OR HAS VIOLATED THE CONDITIONS OF PROBATION.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3509 (Word version) -- Reps. Simrill, Mason, Robinson, Moody-Lawrence, Altman, Davenport, Hamilton, Kirsh, Leach, Meacham-Richardson, J.H. Neal and Sandifer: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, AND SIMILAR OFFENSES, BY ADDING ARTICLE 2, ENTITLED THE "PERSONAL FINANCIAL SECURITY ACT" SO AS TO PROVIDE FOR THE OFFENSE OF FINANCIAL IDENTITY FRAUD AND PENALTIES FOR VIOLATION; AND TO FURTHER AMEND CHAPTER 13, TITLE 16 BY DESIGNATING SECTION 16-13-10 THROUGH 16-13-490 AS ARTICLE 1 OF THAT CHAPTER.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

H. 4543 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 6-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO CLARIFY THAT FINANCIAL INFORMATION PROVIDED IN A RETURN, REPORT, OR APPLICATION FILED WITH A COUNTY OR MUNICIPALITY IS CONFIDENTIAL BUT DOES NOT PROHIBIT THE SHARING OF DATA BETWEEN PUBLIC OFFICIALS AND EMPLOYEES, AND TO FURTHER PROVIDE THAT A PERSON IS SUBJECT TO CRIMINAL PENALTIES IF THE PERSON KNOWINGLY VIOLATES THIS SECTION.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 4833 favorable:

H. 4833 (Word version) -- Rep. Hawkins: A CONCURRENT RESOLUTION TO HONOR THE MEN AND WOMEN PROUDLY SERVING IN THE SOUTH CAROLINA NATIONAL GUARD AND DECLARE APRIL 12, 2000, AS "SOUTH CAROLINA NATIONAL GUARD APPRECIATION DAY" IN APPRECIATION FOR THEIR SERVICE AND THEIR SACRIFICES.

Courson                   Wilson                    Matthews
Patterson                 Russell                   Passailaigue
McGill                    Washington                Reese

Ordered for consideration tomorrow.

S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE, OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.

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

Senator SALEEBY spoke on the Report.

On motion of Senator SALEEBY, the Report of the Committee of Conference to S. 704 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE, OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 6/2/99--S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/   SECTION   1.   Chapter 6, Title 23 of the 1976 Code is amended by adding:

Section 23-6-200.     For purposes of this article:

(1)   'Former law enforcement officer' means:

(a)   an officer who was previously commissioned by the Governor and who during his law enforcement career worked for the department;

(b)   an officer who was commissioned by the Governor, and whose agency, office, or unit was transferred to the department pursuant to governmental restructuring, including former retired officers;

(c)   an officer who was previously commissioned by the Governor whose agency, office, or unit was transferred to the department pursuant to governmental restructuring or any subsequent restructuring, including former retired officers; or

(d)   other formerly commissioned law enforcement officers or retired officers in good standing from any law enforcement agency, state constables, or volunteer state constables serving without compensation whose appointment is certified by the State Law Enforcement Division as having completed the requisite training to maintain an active commission.

(2)   'Department of Public Safety Special Constable' means a commission authorized by the department for a former law enforcement officer as defined in (1).

(3)   'Director' means the chief administrative officer of the Department of Public Safety.

(4)   'Department' means Department of Public Safety.

Section 23-6-210.     (A)   The director is authorized to establish programs for the commissioning of former law enforcement officers of the department. An individual commissioned pursuant to this section shall receive a Department of Public Safety Special Constable commission.

(B)   The powers and duties of these special constables shall be determined by the director and specified in writing, and individuals commissioned pursuant to this section shall be subject to removal by the director at any time. Before assuming their duties, special constables shall take the oath of office required by law and successfully complete a course of training specified by the director.

(C)   A constable shall be entitled to enforce the laws of this State and exercise the duties of his office throughout the State except as may be limited in subsection (B).

(D)   The course of training required in subsection (B) does not apply to former officers holding a valid commission issued by another agency or governmental entity, except that all officers shall meet any annual continuing training requirements established by the director in order to maintain their commissions.

Section 23-6-220.     (A)   Constables may not receive compensation including, but not limited to, salary for services rendered absent specific statutory authorization.

(B)   Any uniforms and equipment issued by the department shall remain the property of the department, but may, in the discretion of the director, be entrusted to the care and control of the constables. A constable assisting a full-time department law enforcement officer shall wear uniforms or other insignia which identify the constable as a special law enforcement officer assisting the department.

(C)   Workers' compensation benefits may be provided on an as needed basis for special constables by the director in the same manner as benefits are provided for full-time officers. For purposes of compensation or benefits arising from duty-related injury or death, special constables shall be considered as employees of the department.

Section 23-6-230.     Identification cards registering a special constable must be issued by the Department of Public Safety for all individuals commissioned pursuant to this article.

Section 23-6-240.     Notwithstanding any other provision of law, constables who have received the required training shall be authorized by the director to carry pistols on and about their persons unless otherwise restricted by the director in writing. However, the director, after hearing and for cause, may deny such privilege to any constable pursuant to this section who is guilty of using his pistol at any time in a manner inconsistent with accepted law enforcement procedures as determined by the director or who has been convicted of any crime for which a penalty of imprisonment for more than one year may be imposed. The term 'conviction' shall include a plea of guilty, a plea of nolo contendere, or forfeiture of bail."
SECTION   2.     Section 23-6-145 of the 1976 Code is amended to read:

"Section 23-6-145.     A commissioned officer and or a uniformed officer of the department may, upon reasonable belief that any vehicle is being operated in violation of any provision of statutory law, require the driver thereof to stop and exhibit the registration card issued for the vehicle, the individual's driver's license, and submit to an inspection of such vehicle and license."
SECTION   3.   Section 1-11-140 of the 1976 Code, as last amended by Act 145 of 1995, is further amended by adding an appropriately lettered subitem to read:

"( )     The board, through the Office of Insurance Services, is further authorized to provide insurance for state constables, including volunteer state constables, to protect these personnel against tort liability arising in the course of their employment, whether or not for compensation, while serving in a law enforcement capacity."
SECTION   4.   This act takes effect upon approval by the Governor./

Amend title to conform.

/s/ Sen. Edward E. Saleeby. Rep. Douglas Jennings, Jr.

/s/ Sen. Robert Ford              /s/Rep. William Douglas "Doug" Smith
/s/ Sen. C. Bradley Hutto         /s/ Rep. James Gladney "Jim" McGee, III

, and a message was sent to the House accordingly.

Columbia, S.C., April 5, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE, OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 5, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification:
S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE, OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.
Very respectfully,
Speaker of the House

Received as information.

S. 1286 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 24, 2000, IMMEDIATELY FOLLOWING THE ELECTION OF COMMISSIONERS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2003.

Returned with concurrence.

Received as information.

Senator RAVENEL rose for an Expression of Personal Interest.

Senator DRUMMOND rose for an Expression of Personal Interest.

Senator BRANTON rose for an Expression of Personal Interest.

Senator J. VERNE SMITH rose for an Expression of Personal Interest.

Mr. PRESIDENT, ladies and gentlemen of the Senate. Senator DRUMMOND, our beloved friend, we are making progress this morning. I certainly want to be a part of the progress.

As all three of these men said, we have to love one another. We have to respect each other. We have to respect each other's people. We have to respect all South Carolinians, present and past. Our Declaration of Independence says we were all created equal and it took a long time for people in South Carolina to believe that. So, we believe it now. We've got to live like that.

This flag business has depressed me worse than anything I can remember. I just hate the way the press and the world press are telling other people about the people of South Carolina. It is absolutely depressing to me. It's so far from the truth for those who have walked in our moccasins. The old Indian saying was, "You don't understand the other fellow, until you've walked in his moccasins."

I hope I can say how I feel about this so everybody can understand it. I hold in deep respect my grandfather, my daddy's daddy, who was a Confederate soldier as a teenager. I wouldn't move that flag or I wouldn't do anything to show that I respect him less or honor him less as a good American and a good Christian man. I hold Senator JACKSON in high respect. I hold Senator MATTHEWS in high respect. I hold Senator PATTERSON -- I just love that rascal -- hold him in high respect. Sometimes he's strange to me, strange, but I always come around to loving him. You understand that don't you?
Sen. PATTERSON:   Yes, sir.
Sen. SMITH:     Yes, sir. You all know I never have wavered in moving the flag except that other time when we moved it to the Soldiers' Monument, sent it to the House and it took unanimous consent to take it up. Mr. Hallman from Charleston objected and said he would cooperate with that when a mule won the Kentucky Derby. A lot of folks feel that way.

As far as my respect, it doesn't go to the cause of the Confederacy. My respect doesn't go to things that were racist, to things that were abusive of other God-given human beings who lived in South Carolina. That's not where my respect goes. My respect goes to the people of South Carolina, white and black, who had to live through that war, who fought, who answered the call of their State, who answered the call of their country to go to war, to march day after day, to go day after day without food and more of our people were killed in that war than all of the wars put together. Then after the war, there were untold thousands of widows and orphans left here in poverty, left here with nothing but the ground to try to scratch a living out of. And untold thousands of black people who were free and didn't know what to do with it. They had not been allowed to own property. They had been disenfranchised of all rights. They had to try to make a living and be beholden to the white people to get jobs to work to make money or be beholden to somebody else to be a sharecropper. All of those things are deep in all of our hearts. They are where we come from. They are in our blood.

My daddy died when I was eight years old in 1933 in the depths of the Depression. My own mother had to take charge. We had an orchard and a farm in Greer and one in Alto, Georgia, and she had five children. We all worked. Before my daddy died, the banks closed and the schools closed. There wasn't any money to pay the school teachers and he fixed three upstairs bedrooms with warm morning heaters and took in six school teachers and gave them three meals a day so we could keep the schools open. All they could put out were tokens. There wasn't any money. We kept our schools open. They weren't integrated schools. They were white only.

Then, later, when we had the schools integrated, we had people saying -- and they were waving the Confederate flag -- "we are going to kill any of those blacks," and I won't use the word they were using, "who came over to the white schools. We've got axe handles like Lester Maddox of Georgia." Then my son went down to East Greer Elementary and we scrubbed the toilets. They were the most awful smelling toilets you ever saw or smelled and he and I scrubbed them. We got them clean and had to get the janitorial supplies ourselves. Then I met the buses that day when they came. The black children came and the white children came. Those big mean sons-of-a-gun who were going to kill any black person that came to a white school, they had to kill me first. Well, you know, not one of those brave, big-mouthed fellows ever showed up. Not one. But, oh boy, they were doing some big talking way back out of the way.

Then, not long after that, the people would ride in buses. There weren't any cars much. The bus station was right across the street, the Wayside Inn Hotel. Well, every time a bus would come in, there would be a whole busload of people to unload and they'd go into the bus station with one commode. So, the bus operator said, "Well, you Niggers got to go back down in the alley." And that alley didn't even have any privacy. They had one big old trash box between it and the sidewalk and those poor women and children had to go get down behind that trash box. If I'd have been born black long about then, some son-of-a-gun would have had to kill me. They would have had to kill me when they wouldn't let my wife and children use the rest room.

I went over there and I said, "Jim, why won't you let all those people use the rest room?" He said, "Verne, you run your business and I'll run mine." I said, "Well, you let them come on over to the Tire Exchange at my place of business." Oh, Lord, every time the bus came in, they just came over and just lined up and we welcomed them and we cleaned the restroom about three times a day. It wasn't long, it went along about two weeks, and two fellows came in that I knew. They were white and some of them were threatening violence if we integrated the schools and they said, "Verne, I've been trading with you and Mr. Hunt all my life. My daddy trades here. But, if you don't clean this place up and quit letting everybody use that restroom," (I'm cleaning the language up the way they said it to me) "we're going to boycott you." That's a big word. "Boycott you." I said, "I sure do hate you feel that way about it. I guess I'll just have to try to make it without you."

Well, one or two of them quit me. God blessed me. It was one of the best businesses that started from nothing that anybody has had in South Carolina. I've just had the best blessing in my business. I made good money and educated my children and a lot of other people's children and I'm so thankful for it.

We are moving. My good friend, Senator McCONNELL, who I hold in the highest respect, wants to settle this thing. He has that feeling in his heart like I do. We're not trying to justify slavery. We're not trying to justify racial intolerance. We're not trying to justify bigotry. We are not willing to accept the thought that our people were bigots, or mean Nazis, or compared to Nazis because it's just not true.

South Carolina during the War Between the States was actually, literally raped. Everything that was worth anything was burned or hauled off by Yankee soldiers. Everybody, just about, except for Carpetbaggers had to start over. Scalawags, there were plenty of them. Plenty of them operated right in this room. Out there where the phone room is now, they had a bar room set up and they had free liquor and free cigars. All that's in our history. All paid for by the State.

Folks, we've come a long way but we've got a good ways to go yet. Some way or another we've got to resolve these differences of opinion. We've got to resolve this thing like people who love each other. You all know I've got a bad temper. Yeah, I curse and fight and I've been that way ever since I was born. But, Lord, please, God, let me hold my temper and let's help work this thing out. I want to do it.

But, I don't want to do it because I'm ashamed of my granddaddy and my great-granddaddy and the eleven other members of my direct family who were killed or lost their lives with disease from 1861-1865. All of them were farmers from around Greer and Spartanburg County. I'm not going to accept some of this business about "no count bunch of Scalawag scoundrels." I'm not going to do it.

I just wish that we could come together and agree on a way that respects black heritage, white heritage and everybody's heritage. You know the Soldiers' Monument and the Soldiers' flag, a square flag with the white border, that was the Soldiers' flag. It's never flown over any center of government. It's never claimed to have any sovereignty. It hasn't been the flag that the Ku Klux Klan and the other bigots have carried. They've been carrying and using the flag we have up there now. But the square battle flag that our people fought and died under hasn't been the flag they use.

I wish there would be an agreement that we could settle this thing by putting that flag by the Soldiers' Monument. It doesn't say anything about sovereignty. It doesn't say anything about the cause or slavery or anything like that. It says we respect the soldiers who fought for our country and our South Carolina. We respect the widows and orphans that were left. We respect, O God, we respect the black people in this State who lived through deprivations and discrimination, who now are among the top leaders in this State, who are now among the top intellectuals in this State and who are now among the top religious leaders in this State. We have so much to be thankful for. We have come so far. O God, we need to settle this for us. We need to settle it and we need to do it in a way where I respect Senator PATTERSON's people and he respects my people. I'm using that as an example. Let's do it like South Carolinians who love one another.

All right.

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

Senator JACKSON rose for an Expression of Personal Interest.

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

At 11:55 A.M., 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:

S. 1077 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, APRIL 5, 2000, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF EASTER SEALS SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, APRIL 5, 2000, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The State Easter Seal Representatives, their parents and members of their party were escorted to the rostrum.

The PRESIDENT then recognized Senator GIESE.

Senator GIESE introduced the following members who escorted the State Easter Seal Representatives and guests:

Senator PATTERSON and Representative Joe Brown escorted Karl Hoecke, son of Catherine and W. C. Hoecke of Columbia;

Senator J. VERNE SMITH and Representative Allison escorted Trevor Conrad, son of Suzan Conrad of Greenville;

Senator RUSSELL and Representative Lee escorted Christine Harley, daughter of Deborah Harley and Mark Harley of Spartanburg;

Senator LEATHERMAN and Representative McGee escorted Taylor Parrott, son of Jeannie and Chip Parrott of Florence; and

Senator MESCHER and Representative Henry Brown escorted Tyler Cauldwell, son of Kimberly Cauldwell of Hanahan.

Mr. Melvin Isiah Williams, son of Crystal S. Williams of Greenwood; Mr. Josh MacDonald, son of Candy and Alan MacDonald of Anderson; and Toby Lyle Wilson, son of Ruthena and Charlie Wilson of Georgetown were not able to attend the festivities today.

Sen GIESE also recognized Alton T. Morris, Chairman, State Easter Seal Board of Directors, Mr. William Jefferson Flanders, State President of the State Easter Seal Society, Alisa Mosley, Executive Director, of the S.C. Law Enforcement Officers' Assoc., and Thomas L. Sponseller, Executive Director, and Matt Brightwell, State President, of the South Carolina Restaurant Association, who have worked so hard to make the l999 Buck-A-Cup Campaign such a success.

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.

At 12:25 P.M., the Senate resumed.

Senator MOORE 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
Saleeby                   Setzler                   Short
Smith, J. Verne           Thomas                    Waldrep
Washington                Wilson

A quorum being present, the Senate resumed.

Senator HOLLAND rose for an Expression of Personal Interest.

Senator FORD rose for an Expression of Personal Interest.

Senator GLOVER rose for an Expression of Personal Interest.

Senator McCONNELL rose for an Expression of Personal Interest.

I was not going to speak. I saw this morning's paper and I heard the comments here. To my good friend from Kershaw, let me first say, Senator GRESSETTE taught me well. He taught me in the legislative process, and you and I both know that, when you vote is as important as to how many votes you have.

Those of us who defend the flag, we're very comfortable with it at the dome. We would just as soon not have the flag moved. But, we also are trying to step up to the challenge to find a compromise. It would be strategically, legislatively foolish for us to give up any weapons we have to defend that flag until we have a compromise that we can walk with. To think that we can hammer out a detailed compromise on this floor, we know it cannot be done. Experience has taught us on every complex issue, you have to find some common ground.

We did so five years ago when we put the Heritage Act together. But, it was not hammered out on this floor. It was hammered out through good will, through looking at the differing views and trying to put them together. If we get on this contention, we're going to have one crowd trying to stop the other group. There are going to be hard questions. People who are running for office are going to be concerned about amendments that are put up and whether or not those amendments are going to make them look bad if they vote "yes" or "no" on it. We are going to end up wasting weeks and weeks of valuable time on this floor, and then come under the criticism that we didn't do something with the twenty-eight year retirement issue, that we didn't do something with education improvements, and that we didn't do something with this or with that during the legislative year.

Last week in the Judiciary Committee, a Bill was put up and at least that vehicle has the two titles by which you can legislatively act comprehensively on the question of the flag. That bill had an amendment appended to it. It had an amendment, which was done so hastily that not even the authors knew the amendment didn't do what it said it did. They claimed it put the flag at the Soldiers' Monument and it did not. The amendment put it (the flag) in between the Soldiers' Monument and the front steps. That much haste made waste

But, then one Senator was quoted as criticizing those of us who are for the flag as saying, "we don't want a compromise." And, yet, in the same article with a smile, he said, "he doesn't even know if he'll vote for what he voted for yesterday when it reaches the floor." There is a point I want to make to you.

Those of us who are pro-flag have been beat on and beat on until we have toughened up for this fight. We have been called racists, skinheads, Nazi's. We've been vilified. We've had our ancestors vilified. We have newspaper editors who have beat on us as though we are some terrible force, Senator from Greenville, in this fight. The Senator from Florence and Marion said something that is most telling about this. Our next generation does not need to fight this fight. And to stop that from occurring, a compromise has got to be comprehensive. It's got to include all of the issues once and for all, so that when we settle it with input from both sides, it has finality. It is over.

Yesterday in the Judiciary Committee, I applaud the good efforts. At least we've got the debate back to the Soldiers' Monument. I've said time and time again, no compromise is going to be forged that does not include the Soldiers' flag at the Soldiers' Monument. Just plain and simple. Those of us that are pro-flag aren't going to give an inch on that. I don't know how many times I can repeat that to you. For us, it's like spitting on our great-grandfathers' graves. We will not separate the banner from their monument.

It flies up there as a war memorial at half-staff and with all due respect to the Senator from Greenwood, I don't subscribe to nor do I buy, the conjured up argument that The State newspaper first invented, that it flies there as a statement of sovereignty. If it did, it'd be on the top. Sovereignty means supremacy. It flies at half-staff, bowing to two other flags and bowing at half-staff to the people that it represents -- the war dead.

Finality. Read the Charleston paper today. At The Citadel again, the question of "Dixie" is back again, grappling with when it should be played, how it should be played, can people step out of the band when it plays, what? It goes on and on. In the State of Texas, the argument is over prying off plaques off of walls and ripping up mosaics. In Mississippi and Louisiana, the question of George Washington's name on a school house because he happened to be a slave owner. In Tennessee, graves in a public park to be dug up and moved are in question.

We are reaching the point of intolerance in this country where we are going after one another and we are starting to do it here. I cannot change what happened. The Senator from Greenwood is correct that it was misused by people. But it doesn't belong to those people who have misused it and it does not belong to contemporary politicians to give it to them (the misusers). It belongs to the people who carried it and who bled for it, bled under it, just as the Senator from Greenville so eloquently put out today before this body. That's whose flag that is.

A compromise as far as I'm concerned: Let me tell you, for those of us on our side to even look at a compromise is difficult -- I have mail over there addressed to 'Benedict Arnold' and all kind of stuff characterizing me from the far side of our side in a terrible light. But, compromise has got to have an uplifting and forward message. I'm convinced of that. It's got to look to the future. It's got to call on our people, black and white, all of us, whether we agree or disagree, to at least tolerate those differences and to try to put them (our differences) in an historical and military context and get away from the politics of it.

The Senator from Greenville is absolutely correct that those of us who want that flag are not here calling for the re-creation of the Confederate States, slavery or anything like that. What we are asking for is the respect, or at least the tolerance, to allow us to respect our ancestors and to do it unfettered and without intimidation and trepidation.

I'm telling you, and you may not believe it here, but people who have tried to do that come under criticism. These are people who try to display those symbols for the proper reasons. The only reason that I looked at the two-flag proposal (Union and Confederate) was because it is an unchallenged fact that we have never in this State saluted those Sons of South Carolina who fought on the Union side. Their battlefields are about to be developed. Their campgrounds, their military emplacements, all are about to get swept away. We did protect the ones that were important to the Confederates, but we never protected the ones along the coast that belonged to that group.

Those men and their memories forgotten. I talked to some of the folks on our side who believe in preserving the memory not only of their Confederate ancestors but the preservation of the memory of those people who bled for the Union. Most of them bled for their freedom. They have a right to be remembered in the same respectful way, whether or not you have Confederate or Union ancestry in this struggle. That is why I had no problem with the duality concept. So many people have had input in trying to come up with something like putting the First, Second Regimental South Carolina Union Battle Flag out there to salute the Union men so that people who come by are given the opportunity to think and remember about those other people on the other side.

And then, Mr. Compton, Mr. O'Neal Compton, brought a concept that an artist had, a beautiful concept. I think the Senator from Aiken had been looking into it and toying with it and different people had asked for some input just to see if something could come up. It impressed me only because it looked to the future. It had black and white, Union and Confederate, and the whole theme was like what was set up in the fields of war by Sergeant Kirkland. We have a portrait down there, where he gave water to the enemy during the time of battle -- such an event that it caused the killing on the battlefield to stop and each side in a respite moved to take care of their own wounded before they resumed the battle. The words of Joshua Chamberlain, when he looked back at the end of the war and said that they could not look into the faces of those Confederates who had shot at them and who they had tried to kill just a few days previous and see hate and mean revenge, but rather fellow soldiers responding to their duty as they were taught. It's that spirit that this thing is going to be settled on. It's not going to be settled on a knockout blow from either side. And, it's not going to be settled on a 23-22 vote or something here on the floor of the Senate. It's going to be settled by both sides willing to live with one another on this issue.
I'm going to tell you, all of us can get offended. I can get offended over any remarks. Everybody can get offended over everything. My daddy used to tell me, "Son, when you get offended and get your feelings on your shoulders, your backside's before the world." There was some truth in that because when you let that offense get in control, you do things you shouldn't do. The lesson of the Star Wars Trilogy is about anger. Anger seduces you and it turns it into hate. That story, I'm a Star Wars fan, resonates through our whole history.

Before the war, we stopped talking to one another. That's how the war began. Suspicion, greed, money, power -- lots of people bled over these. I submit to you, and I'm telling you from a pro-flag side, as much as it hurts me, as much as I would grieve over moving the flag, I would move it to get finality on all of the issues. But, the issues are all of it -- the monuments, the street names, Dixie, a community standard of tolerance if people do it for proud and historical reasons. Leave them alone if you don't like it. It's "different strokes for different folks." But, I simply tell you that from our standpoint, it's not a black-white issue.

There are African-Americans here in South Carolina who bled for this State in the Gray. We know their names, their monuments -- there's a big monument to one of them. It's not a black and white issue with us. It should not become black and white. I would hope that as we go forward, and Senator, I have to tell you, we may use every weapon at our disposal to prevent moving that flag until we get an agreement that we can live with and that we are comfortable with. You understand that's just smart politics and strategy. But, I can tell you that what is contained in this article is not true - that we just don't want a settlement.

In this battle, I have been vilified a lot, but I just want to tell you, the African-American Monument, it's the right thing to do. It doesn't help me get votes in my district. I've been beat up on that from two directions. The Senator from Charleston, Senator FORD, gets vilified by the white community because he stands up so strong on issues that he feels are important to the African-American community. But, in the years since I've been here, he and I have clashed probably more than anybody in this Chamber on the question of "Dixie" and the Confederate flag. We've debated it on radio and everything. But, you know, he's got a heart of gold and I know that deep within him, what he wants to do is the right thing. I've always said that if I'm going to settle the flag issue, I'm going to settle it with Senator FORD and others who I know genuinely want to find a way for us to mutually respect one another.

I can only tell you that what we are looking at Senator, and I don't know whether it will work or not, maybe it won't, but the only way I see to reconcile the issue of "Dixie," is to put "Dixie" and the "Battle Hymn of the Republic" together as a military songs salute to the war dead who fought in the Blue and the Gray, and to follow it up with "God Bless America" as our hymn of reconciliation as one people. And, try to teach future generations of people that's why we play them, so that it won't be something that's coveted in one house and hated in another, but, rather understood by South Carolinians of different perspectives.

I could never convince some of you of how I feel about history. You can never convince me that the flag is an emblem of racism. But, we, together, can respect one another's views and incorporate those and be sensitive enough to them to try to work something out that allows both of us to have what we respect.

I simply close by telling you that this morning the artist sent over the sculpture which is in the office. It's over there, in that vacant office in 311. You might want to go look at it and see if you have some suggestions for it. Will it work or won't it work? I don't know. But that's a sign that it takes hours to find out and put that into language. You can't do it from right here. If we hope to pass anything over there [in the House], we've got to have something that the people that are pro-flag have got a comfort zone on.

You know, I hear all the atrocities and losses on the other side. Our side took them, too. The Senator from Greenville touched very eloquently on them. Women were abused. They watched their pets get killed, their possessions destroyed. It's all in their letters. And after the war, the exploitation that occurred in this State was atrocious. You want to talk about civil rights? People's rights were violated. The way people were elbowed in the stomach on the street, hoping they would strike back. All of that is part of history. But, we don 't need to go back and to vividly relive that. Just learn from our mistakes and from our success.

I would simply tell you that several years ago a group of us met in that office and we eventually settled this thing. Senator from Richland, as you know, many of us did and we tried to do so. We didn't realize that the good will that was established in that office didn't go far beyond the front doors of this State House. We've been on a downward run with it since.

I would close by telling you from our standpoint, why would we, when Governor Beasley offered the Heritage Act and we wouldn' t take that, why would we take less now? The answer: There is no lesson in the second kick of the mule. When we look at Tennessee, when we look at Texas, when we look at Georgia, when we look elsewhere, the lesson is told to us time and time again. There is no need to retreat until we get a settlement which calls off the attacks on our emblems and our heritage and allows us, without the comments of being a racist or something like that, to be able to respectfully cherish our ancestry.
Senator BRYAN:   Yield for a question?
Senator McCONNELL:   Yes, sir.
Senator BRYAN:   Senator, do I take it then that you don't agree with the group that says there can be absolutely no compromise and it has to stay on the dome?
Senator McCONNELL:   Senator, I love it on the dome, but I am prepared to work out a compromise.
Senator BRYAN:   I just want to let you know that I was standing in the room when the   Senator was interviewed for this news article, the PRESIDENT Pro Tempore, and his response was in the context of talking about the public hearing when he asked the gentleman about a compromise and he said, "There can be no compromise. It has to stay on the dome and nothing else and he would accept nothing else." And, that was the context in which he made this statement.
Senator McCONNELL:   Senator, all I can tell you is, and I have the greatest respect for the Senator from Greenwood and I have fought battles, gosh, we fought Senator DENNIS and all that crowd as you recall, and through the years I have a very fond opinion of him. He and I don't agree totally on this issue. However, I think we both agree from the standpoint that we would like to see it settled with finality. There's a great lesson in history. I don't mean to characterize either one on either side by this characterization. Through history, a knock-out blow brings a greater conflict. Go to Versailles. World War II, because at Munich they only piecemealed and it provoked a greater effort.

The battle was brought to us on this issue and this heritage. And, so, I'm prepared to work out something across the whole landscape on it, but I am not prepared to repeat the mistakes of Neville Chamberlain and to do something piecemeal and then see that I have to fight this fight again over the question of Dixie or the question of a parade or the question of an event or something. I'd like to see us get it done and over with and hope that South Carolinians on both sides can start to share in one another's history and that we get on. I would hope, and I say this sincerely, and it's probably the best time. We're meeting, some of us, in Charleston. The Campgrounds of the 55th Mass are in the way of development. The 54th's in the way of development. The battlefields where they shed their blood are in the way of development and are being eroded by the sea. Nobody is doing anything. It's all going to be lost and should not be lost.
Senator HOLLAND:   Mr. PRESIDENT, I think the Senator from Charleston has been standing. I wanted to ask Senator McCONNELL a question. Can I ask him a question or two first? Senator, I want to assure you that you are probably the most eloquent speaker I have ever heard. You are probably one of the most persuasive. You certainly know what you are speaking about when you speak. Nobody can question what you say. But, I wanted to ask you, what you're telling us, if you tell us, I've learned to believe what you say is true. Now, don't worry about that. If you tell me that setting this matter for Special Order is not going to help us reach any compromise, then it would be foolish to endeavor to do that. But, can you give us any hope of when you might come with a plan that we can consider? I don't like Executive Sessions, but I don't mind going into Executive Session to see if there is something we want to work out. Honest to goodness, I've always followed you on what your proposals have been. And, I hope you'll come up with something. But, it' s expedient that we do it within a certain time frame. But, with you telling us that setting this matter for Special Order isn't going to help us any because there's going to be continuous debate and you will be unable to work out what you propose, I can see where you are coming from. But, can you give us any time frame with which we can work that we'll be receiving something from you that we think the House will buy? It's so fruitless for us.
Sen. McCONNELL:   Yes, sir. I'm not going to call any names, but I would tell you that the thing that we are working on, that Senator MOORE originally started looking at, and I don't want to put him on the spot, but I know he looked at these concepts along the way, but I have talked with at least one, very strong, pro-flag leader in the House who has told me that he could go with this concept. He thought that it had promise.

Let me just say that the concept, I tried to look at the Heritage Act and look at it not just from a Gray standpoint, but from a Blue side, too. How would you take that and tune it so that everybody has a place? I think Senator RAVENEL once said at the table, or Senator FORD, once made the statement, "Everybody has a place at the table." It does not bother me to take and make a presentation out there that is both Blue and Gray, that has a forward message of healing and takes historical figures and creates that environment. The sculptor sent a model over this morning which is there and if anybody wants to go by there and take a look at it and to see.

The Senator from Florence, I indicated to her that her concept of a circle of flags, I don't think a circle, but a semi-circle might work, and she might want to look at it to see if somehow that can be worked in. To some others, I suggested they might want to look at something that is World War II on the other side of this, which points to the military theme. But, Senator, I can only tell you I'm doing my best. But, if we come out here with a plan that moves the flag over to the Wade Hampton Monument, that is, for many of us, a post-Reconstruction political monument and those of us who feel strong about the military role are going to stand and filibuster and talk and talk. We're going to get nowhere.
Sen. JACKSON:     Senator, are you aware there are many of us in the African-American community that really have no strong sentiments to Union soldiers, Confederate soldiers, whether they were black or white. I think the problem is that some of you who are obsessed with historical remembrance seem to think that the only thing that will heal people is to do something that recreates history or puts the Union's, black Union soldier's flag there, or Confederate flag there. I appreciate what you are trying to do, but it is kind of, it is really hurting to think that one individual, as great as you may think you are, as great as some other folks in here may think you are, can really determine the fate of an issue such as this. You're working on whatever compromise you have, but you know the clock is ticking. You know that even if you introduce something, and one person objects to it, that it is going to be very difficult to get it through the Calendar the way it is. What is concerning to me is that why you would not be for setting a vehicle on Special Order that even if folks sign off on what you've been working on, at least that vehicle is on the Calendar so that we can get something done. That's what leads me to sometime to question the motives of folks who say that they really want to get it done. I understand your ability to work in this body and I often tell people, "You are a great master of the Rules, but you don't create the Rules as you go. You master the Rules that all of us have passed." All of us have the right to read it and actually apply them in the same light. So, what I'm concerned about, if you are working on a compromise, and if it is something you think somebody could eventually sign off on, then why won't you set a vehicle on Special Order so that if it does get to the point where we could vote on it, it would be there. I don't understand that. Could you explain that to this body?
Sen. McCONNELL:   Yes, sir. I'm going to explain it by first telling you that your question is in error with your predicate that "we are obsessed with it." If that's your opinion, that's your opinion and I'm sorry you labor under the misconception. We are deeply interested as this country is. As this country has preserved battlefields, both the Blue and the gray, all over this landscape. You're the person who has mystified me. The gentleman from this body who came to me face to face and said, "the flag is not an issue." And, yet, all I did was read about you all summer. And, then, what you did to the African-American Monument, almost putting it off rail with your political statements and stuff in the newspapers. Let me tell you, "No, I do not have the opinion of myself that I am greater than any others." If you harbor those types of thoughts, maybe you need to re-examine yourself in the mirror.

Let me just close by telling you that some of us who want to try to work something out, will try and work it out. I am not going and turn around when experience and years have taught me, that your negotiating power is affected by the Rules, by the time clock and everything else. I'm not going to go and empty my hands and then stand here. Senator GRESSETTE taught me years ago there's one thing called the art of persuasion and there's the art of deprivation. Both of those are in the time clock. We would be foolish to give up any tools that we've got. But, I will repeat to you and I can only tell you, Senator, that I simply can put out there what I can live with. If I can't live with something else, I'm not going to, as I think the good Senator from Orangeburg said, "We want a resolution to the flag, but we don't want it at any cost." I'm the same way. I don't want a resolution at just any cost. So, it would be foolish of me to turn around and just give up all of the leverage and the ability to affect the issue to move it along. I'm fine with it at the dome. But, I'm willing. I've heard from the Senator from Charleston, Senator FORD, and others and I'm trying to find a way because I feel like that the communication from him, Senator from Richland, Senator PATTERSON, and others, respectful of their feelings, respectful of the comments that they have made. As Senator DRUMMOND said, "I 'm respectful of history." I know what was done to the African-American citizens in this State. I have tried in my voting and in my service here in this South Carolina Senate to do things to help move us along. I can only tell you in that light that I've been working on the language, showed it to the Senator from Aiken this morning. You just can't write a bill overnight. It's about two-thirds of the way done and some folks want to amend it. But, I'm also mindful of the Rules. If my name is on the Bill, I can 't filibuster it. I'm not getting caught in that trap. When it comes, it will probably come under a different thing in case it gets amended.

I will just close by saying, thank you for your attention. If I have offended someone, please accept this as an apology. I didn' t mean to offend anybody, but I intend to be clear-spoken on how I feel and I'm prepared to settle. I'm also determined to fight to preserve, as the Senator from Greenville said. He and I talked. His great- great-grandfather and my great-great-grandfather were in the same prisons, the same place, and ended up in the snakepit known as Elmira, New York, and put out on the border of Maryland to walk home. Interestingly, they probably knew one another. But, for us, it's an emotional issue and one that's not one of obsession or something, it 's one of love for our ancestors and for our dedication to what we think is right in history.

Thank you so much.

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

Senator PASSAILAIGUE rose for an Expression of Personal Interest.

Senator DRUMMOND rose for an Expression of Personal Interest.

Senator PATTERSON rose for an Expression of Personal Interest.

Senator WASHINGTON rose for an Expression of Personal Interest.

Senator MOORE rose for an Expression of Personal Interest.

On behalf of the PRESIDENT Pro Tempore, Senator MOORE asked unanimous consent to make a motion that it be the Sense of the Senate, notwithstanding the details, that the issues concerning the Confederate Battle Flag be resolved this session of the General Assembly by moving the flag from the dome to an appropriate location of honor which reflects mutual respect and finality.

Senator McCONNELL objected.

Senator MOORE insisted on the Order of the Day.

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

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

S. 1310 (Word version) -- Senators Grooms and Mescher: A BILL TO AMEND ACT 178 OF 1999, RELATING TO THE BERKELEY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, BY REPEALING SECTION 9, RELATING TO A REFERENDUM ON A SPECIAL ONE PERCENT SALES AND USE TAX FOR NOT MORE THAN TWENTY YEARS IN BERKELEY COUNTY.

(By prior motion of Senator GROOMS)

Senator MOORE objected to further consideration of any Bills on the Uncontested Statewide Calendar.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

Senator MOORE moved that it be the Sense of the Senate that, notwithstanding the details, the issues concerning the Confederate Battle Flag be resolved this session of the General Assembly by moving the flag from the dome to an appropriate location of honor which reflects mutual respect and finality.

Senator McCONNELL spoke on the motion.

Senator McCONNELL made a motion to amend the Sense of the Senate motion, that it be the Sense of the Senate that, notwithstanding the details, the issues concerning the Confederate Battle Flag be resolved this session of the General Assembly which reflects mutual respect and finality.

There was no objection.

The question then was the adoption of the Sense of the Senate motion, as amended.

The Sense of the Senate motion was adopted, as amended.

Senator MOORE withdrew his objection to all Bills on the Uncontested Statewide Calendar.

Senator MOORE asked unanimous consent to make a motion to take up S. 567 for immediate consideration.

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

S. 567 (Word version) -- Senators Land, Anderson, Courson, Elliott, Ford, Glover, Hutto, Jackson, Matthews, McGill, Moore, O'Dell, Passailaigue, Rankin, Reese, Saleeby, Setzler, Short, Washington, Wilson, Patterson, Branton, Courtney, Holland, Russell, Peeler, Grooms, Bauer and Mescher: A BILL TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, 9-1-1660, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, ELECTION OF A BENEFIT ON THE INSERVICE DEATH OF A MEMBER, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS' CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES TO THE SOUTH CAROLINA RETIREMENT SYSTEM, UPDATE THE BENEFIT ELECTION OPTION ON THE INSERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS' CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS ACT; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND BENEFICIARIES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM AND THE METHOD OF CALCULATING THE ADJUSTMENT, SO AS TO MAKE MANDATORY THE PAYMENT OF AMOUNTS UP TO ONE PERCENT CALCULATED UNDER THE ADJUSTMENT FORMULA, AND TO DELETE OBSOLETE PROVISIONS, AND TO CONFORM IN BOTH SECTIONS REFERENCES TO THE CONSUMER PRICE INDEX USED IN CALCULATING THE COST OF LIVING ADJUSTMENT; AND TO AMEND SECTION 9-1-1220, AS AMENDED, RELATING TO EMPLOYER CONTRIBUTIONS TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE EMPLOYER CONTRIBUTION RATE BY ONE AND ONE-HALF PERCENT.

Senator MOORE asked unanimous consent to make a motion to take up S. 567 for immediate consideration.

Senator FAIR objected.

Senator MOORE asked unanimous consent to make a motion to revert to the Motion Period.

Senator BRANTON objected.

On motion of Senator MOORE, with unanimous consent, the motion to revert to the Motion Period was withdrawn.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

S. 415 (Word version) -- Senators Land, Hutto, O'Dell, Hayes, Giese and Holland: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47; TO AMEND SECTION 56-5-6530, RELATING TO EXEMPTIONS FROM SEAT BELT USE, SO AS TO DELETE AN UNNECESSARY PROVISION; AND TO AMEND SECTION 56-5-6540, RELATING TO SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS AND TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT AND TO IMPOSE A FINE ON THE DRIVER OF A MOTOR VEHICLE IF AN OCCUPANT OF THE VEHICLE UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.

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

On motion of Senator J. VERNE SMITH, the Bill was carried over.

On motion of Senator RICHARDSON, the following appointment was confirmed in open session:

Initial Appointment, Beaufort County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

Joseph McDomick, Jr., P.O. Box 1271, St. Helena, S.C. 29920 VICE George B. Brown

On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Billy Ray Meyer of Langley, S.C.

At 2:47 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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