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

Page Finder Index

| Printed Page 3620, June 12 | Printed Page 3640, June 13 |

Printed Page 3630 . . . . . Wednesday, June 12, 1996

Section 59-144-140. The Department of Education's responsibilities shall include:

(1) providing staffing assistance to the State Board of Education in the development of policies, guidelines, standards, and regulations implementing this chapter; and

(2) ensuring compliance with state standards and requirements, inspecting construction projects for education facilities, and approving completed construction pursuant to Chapter 23 of this title for projects financed in whole or in part with funds allocated under this chapter. To assist with the inspection of construction projects, the State Board of Education may designate selected local units of administration which have staff qualified to conduct the inspections to act on behalf of the Department of Education.

Section 59-144-150. To qualify for funds under this chapter, each school district shall meet the provisions of this chapter and any regulations promulgated hereunder. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when inappropriate use of funds is documented.

Section 59-144-160. By December 1, 1998, the State Board of Education shall recommend to the General Assembly changes to be made to this chapter regarding program objectives, appropriate funding levels, and funding allotment formulas.

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Nikki Setzler .......... /s/Ronald Townsend
/s/Harvey Peeler .......... /s/Harry Stille
/s/Wes Hayes .......... /s/Lewis Vaughn

for the Senate. .......... for the House.

, and a message was sent to the House accordingly.

Rule 3b Rescinded

At 7:20 P.M., on motion of Senator HOLLAND, Rule 3b was rescinded.

Motion Adopted

Local Confirmation Requested

On motion of Senator REESE, on behalf of the Spartanburg Delegation, with unanimous consent, the appointment of Mr. Barry Joe Barnette, 115 Beechwood Dr., Spartanburg, S.C. 29307, magistrate from Spartanburg


Printed Page 3631 . . . . . Wednesday, June 12, 1996

County, if received from the Governor after Sine Die adjournment, and meeting all necessary Senate requirements, would be confirmed.

MOTION ADOPTED

On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Horace Pratt, Sr. of Lexington, S.C.

ADJOURNMENT

At 7:28 P.M., on motion of Senator HOLLAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 3632 . . . . . Thursday, June 13, 1996

Thursday, June 13, 1996

(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, hear St. Paul's solemn words to the Romans, Chapter 14 (v.12):

"So then every one of us

Shall give account of himself to God."
Let us pray.

Heavenly Father, time is slipping by.
Help us to tie up the loose ends of our business. It will not be long before we turn in the record of our stewardship in these chambers of solemn responsibility to our people... and to You.

Perhaps we have not achieved all we sincerely hoped to accomplish; but thanks be to You, O Lord, for the measure of success we may have earned.

If we have fallen short at any point, forgive us; but remember, O Lord, our effort, our striving, and our straining within the limitations and restraints of our democratic processes.

Help us not to lose heart in support of any good and worthy cause, realizing that today is not the end of the game but only the end of an inning in the ball game of life.

As we return to our people, and the Journal records our words and deeds, indelibly impress upon us our continuing responsibility to do justly, to love mercy, and to walk humbly with our God, to whom be glory now and forever.

Amen.

Motion Adopted

On motion of Senator MOORE, with unanimous consent, Senators MOORE, McCONNELL and RUSSELL were granted leave to attend a meeting of a Conference Committee and were to be counted in any quorum calls.

Point of Quorum

At 11:06 A.M., Senator LEVENTIS made the point that a quorum was not present. It was ascertained that a quorum was not present.


Printed Page 3633 . . . . . Thursday, June 13, 1996

Call of the Senate

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

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

Presence Recorded

Senator WALDREP recorded his presence subsequent to the call of the Senate.

OBJECTION

At 11:10 A.M., Senator J. VERNE SMITH asked unanimous consent to make a motion to invite the House of Representatives to ratify acts at 11:30 A.M.

Senator LEVENTIS objected.

Motion Adopted

On motion of Senator GIESE, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.


Printed Page 3634 . . . . . Thursday, June 13, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 4, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Initial Appointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Hon. Harold R. Stein, Post Office Box 23, Wadmalaw Island, S.C. 29487 VICE Robert E. Miller (resigned)

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 7, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointments, Williamsburg County Magistrate, with terms to commence April 30, 1994, and to expire April 30, 1998:

Hon. Bruster O. Harvin, Route 2, Box 94-A, Lane, S.C. 29564

Hon. Charles D. Morris, Route 1, Box 297, Nesmith, S.C. 29580

Received as information.


Printed Page 3635 . . . . . Thursday, June 13, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 10, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointments, Williamsburg County Magistrate, with terms to commence April 30, 1994, and to expire April 30, 1998:

Hon. Leroy Burgess, Sr., Route 4, Box 200, Kingstree, S.C. 29556

Hon. Eddie A. Woods, Route 2, Box 19-A, Greeleyville, S.C. 29056

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 11, 1996
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Reappointment, Lancaster County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Hon. John L. Hudson, Jr., 4141 Bessie Hudson Road, Lancaster, S.C. 29720


Printed Page 3636 . . . . . Thursday, June 13, 1996

Local Appointments

Reappointments, Williamsburg County Magistrate, with terms to commence April 30, 1994, and to expire April 30, 1998:

Hon. Cynthia W. Burrows, P.O. Box 956, Kingstree, S.C. 29556

Hon. Lawrence W. McElveen, Route 1, Box 146, Cades, S.C. 29518

Hon. James E. Doster, Jr., P.O. Box 416, Hemingway, S.C. 29554

Received as information.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointment

Reappointment, Lancaster County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Hon. Thomas J. Gardner, Jr., 504 South Minor Street, Kershaw, S.C. 29067

Received as information.

Message from the House

Columbia, S.C., June 12, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.496, H. 5028 by a vote of 2 to 0:

(R496) H. 5028 -- Reps. Neilson, Baxley and J. Hines: AN ACT TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY TO DETERMINE IF THE ELECTORS VOTING IN THE REFERENDUM


Printed Page 3637 . . . . . Thursday, June 13, 1996

FAVOR A TWO MILL TAX LEVY TO BE USED EXCLUSIVELY FOR THE RENOVATION AND OPERATION OF THE CENTER, AND PROVIDE THAT THE MILLAGE MUST BE REMOVED AFTER A TEN-YEAR PERIOD.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R496) H. 5028 -- Reps. Neilson, Baxley and J. Hines: AN ACT TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY TO DETERMINE IF THE ELECTORS VOTING IN THE REFERENDUM FAVOR A TWO MILL TAX LEVY TO BE USED EXCLUSIVELY FOR THE RENOVATION AND OPERATION OF THE CENTER, AND PROVIDE THAT THE MILLAGE MUST BE REMOVED AFTER A TEN-YEAR PERIOD.

The veto of the Governor was taken up for immediate consideration.

Senator SALEEBY moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Ayes 44; Nays 0

AYES
Alexander           Boan                Bryan
Cork                Courson             Courtney
Elliott             Fair                Ford
Giese               Glover              Gregory
Hayes               Holland             Hutto
Jackson             Land                Lander
Leatherman          Leventis            Martin
McConnell           McGill              Mescher
Moore               O'Dell              Passailaigue
Patterson           Peeler              Rankin
Reese               Richter             Rose
Russell             Ryberg              Saleeby
Setzler             Short               Smith, G.

Printed Page 3638 . . . . . Thursday, June 13, 1996

Smith, J.V.         Thomas              Waldrep
Washington          Wilson              
TOTAL--44

NAYS
TOTAL--0

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1447 -- Senators Saleeby, 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, Russell, Ryberg, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A SENATE RESOLUTION TO OBSERVE AND CELEBRATE THE OCCASION OF THE EIGHTY-SEVENTH BIRTHDAY OF OUR BELOVED CHAPLAIN OF THE SENATE, THE REVEREND DOCTOR GEORGE ELIAS MEETZE.

Whereas, the Reverend Doctor George Elias Meetze has distinguished himself in this State as a dedicated cleric and philanthropist and has provided wise counsel and kind and understanding pastoral services to the members and staff of the Senate as well as any person who sought him out; and

Whereas, he has rendered religious services to his church, community, and this State for the past fifty-nine years through his positions as pastor of the Lutheran Church of the Incarnation, the Grace Lutheran Church in Prosperity, and the St. Barnabas Lutheran Church in Charleston where he was ordained; and

Whereas, Rev. Dr. Meetze has given his time, support, and guidance to numerous charitable organizations in this State by serving on the advisory boards of organizations such as the Salvation Army and the South Carolina Division of the American Cancer Society; and


Printed Page 3639 . . . . . Thursday, June 13, 1996

Whereas, he deservedly received the "Service to Mankind Award" and the award "For Devoted Religious Services Rendered to Community, State, and Nation" for his outstanding contributions to this State; and

Whereas, his dedication to his church and his notable achievements have been recognized in such publications as "Who's Who in the South and Southwest", "South Carolina Lives", the "Dictionary of International Biography", and the "Royal Blue Book"; and

Whereas, he has honorably and faithfully served this State as Chaplain of the Senate for forty-six years, continually supporting the members of the Senate and their families since his election as Chaplain of the Senate in January of 1950; and

Whereas, on June 24, Rev. Dr. Meetze will celebrate his eighty-seventh birthday. Now, therefore,

Be it resolved by the Senate:

That the members of the General Assembly congratulate the Reverend Doctor George Elias Meetze on the occasion of his eighty-seventh birthday and wish him good health and godspeed for many years to come.

Be it further resolved that a copy of this resolution be forwarded to Rev. Dr. Meetze.

Senators RICHTER and SETZLER spoke on the Resolution.

The Senate Resolution was adopted

S. 1448 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-465 SO AS TO REQUIRE NO FEWER THAN EIGHT INSPECTIONS OF CERTAIN SCHOOL FACILITIES BY CERTIFIED DRUG-SNIFFING DOGS, TO PROVIDE FOR THE DISPOSITION OF CONTRABAND DISCOVERED DURING THESE INSPECTIONS, AND TO PROVIDE PROCEDURES APPLICABLE FOR THESE INSPECTIONS.

Senators J. VERNE SMITH and LEVENTIS spoke on the Bill.

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

H. 5103 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE


Printed Page 3640 . . . . . Thursday, June 13, 1996

FAMILY AND MANY FRIENDS OF DR. GREG BAIRD OF ANDERSON COUNTY WHO DIED ON JUNE 10, 1996.

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


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