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

Wednesday, January 15, 1997
(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:

Let us pray.
Our Father, we give You our thanks for the good tidings from Greenville that our friend and colleague Beverly Howard came through her serious surgery in fine form, and that the future looks good. Continue to hold Your healing hand upon her, and give support to her family in these months of recuperation!
Dear Lord, we remember the life and labors of Your servant Martin Luther King, Jr., who declared to his generation that "One day we shall sit down at the table of brotherhood." Hasten the day, O Lord, and let us all hear anew the words of the Prophet Micah (6:8):
"He has told you, O mortal, what is good;
and what does the Lord require of you
but to do justice, and love kindness,
and to walk humbly with your God?"
Help us in our day to be instruments for the implementation of the dreams of Dr. Martin Luther King, and of Jeremiah and Micah, and St. Paul: bearing each other's burdens and sharing the "good life"... together... on this small planet.
May the dreams, the aspirations, and the prayers for "America The Beautiful" be reborn in us... anew... is our morning prayer.
Amen.

Point of Quorum

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

Call of the Senate

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

Alexander                 Anderson                  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                    Ravenel
Reese                     Rose                      Ryberg
Saleeby                   Setzler                   Short
Smith                     Thomas                    Waldrep
Washington                Williams                  Wilson

A quorum being present, the Senate resumed.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 170 (Word version) -- Senator Washington: A SENATE RESOLUTION CONGRATULATING EVETTA BIGGERS JOHNSON OF CHARLESTON COUNTY ON WINNING THE MILKEN FAMILY FOUNDATION NATIONAL EDUCATOR AWARD AND COMMENDING HER FOR HER DEDICATION TO EXCELLENCE IN PUBLIC EDUCATION.
The Senate Resolution was adopted.

S. 171 (Word version) -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.
Read the first time and referred to the Committee on Banking and Insurance.

S. 172 (Word version) -- Senators Bryan, Courson and Giese: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT, BEGINNING WITH ITS 1999 SESSION, THE GENERAL ASSEMBLY SHALL ENACT A BIENNIAL STATE GENERAL APPROPRIATIONS ACT.
Read the first time and referred to the Committee on Finance.

S. 173 (Word version) -- Senators Bryan, Passailaigue, Elliott, Ford, McConnell and Ravenel: A BILL TO AMEND SECTION 12-37-251, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROPERTY TAX RELIEF FUND, BY PROVIDING THAT TAXING DISTRICTS MUST BE REIMBURSED ON A PER CAPITA BASIS FROM REVENUES CREDITED TO THE STATE PROPERTY TAX RELIEF FUND AND TO PROVIDE THAT NINETY PERCENT OF THE REIMBURSEMENT MUST BE PAID BY OCTOBER THIRTY-FIRST AND THE BALANCE OF THE REIMBURSEMENT MUST BE PAID NO LATER THAN THE SUCCEEDING APRIL FIRST.
Read the first time and referred to the Committee on Finance.

S. 174 (Word version) -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
Read the first time and referred to the Committee on Judiciary.

S. 175 (Word version) -- Senator Martin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 3 OF THE CONSTITUTION OF SOUTH CAROLINA, RELATING TO DUAL OFFICEHOLDING, SO AS TO DEFINE AN OFFICE OF HONOR OR PROFIT FOR DUAL OFFICE HOLDING PURPOSES AS A POSITION WHERE THE HOLDER EXERCISES THE SOVEREIGN POWER OF THE STATE, INCLUDING THE POWER TO LEVY AND COLLECT TAXES, COMPEL THE ISSUANCE OF BONDS BACKED BY THE FULL FAITH AND CREDIT OF THE STATE, REGULATE, GRANT OR REVOKE LICENSES, IMPOSE FINES, BRING CIVIL PROCEEDINGS IN THE NAME OF A GOVERNMENTAL ENTITY AGAINST PRIVATE CITIZENS, ARREST, IMPRISON, ADJUDICATE DISPUTES, OR BRING EMINENT DOMAIN PROCEEDINGS; TO CLARIFY WHEN A PERSON IS NOT A DUAL OFFICEHOLDER; TO PROVIDE THAT A PERSON MAY BE AN OFFICEHOLDER FOR A POLITICAL SUBDIVISION ON A COUNTY OR MUNICIPAL LEVEL AND HOLD ANOTHER OFFICE FOR A SEPARATE AND DISTINCT POLITICAL SUBDIVISION AS LONG AS THE EXERCISE OF POWERS IN ONE OFFICE DOES NOT AFFECT THE EXERCISE OF POWERS IN THE OTHER OFFICE; AND PROPOSING AN AMENDMENT TO ARTICLE XVII, SECTION 1A RELATING TO QUALIFICATIONS FOR OFFICE, SO AS TO DELETE THE REDUNDANT REFERENCE TO HOLDING TWO OFFICES AT THE SAME TIME.
Read the first time and referred to the Committee on Judiciary.

S. 176 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH FACILITIES, BY ADDING ARTICLE 27 SO AS TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR EMPLOYEES OF NURSING HOMES AND HOME HEALTH AGENCIES.
Read the first time and referred to the Committee on Medical Affairs.

S. 177 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INMATES AND CORRECTIONS, BY ADDING CHAPTER 29 SO AS TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO CONTRACT WITH A PRIVATE VENDOR FOR THE FINANCING, CONSTRUCTION, MANAGEMENT OR OPERATION OF A STATE CORRECTIONAL FACILITY, TO PROVIDE THE TERMS, CONDITIONS, AND PROCEDURES UNDER WHICH THIS AUTHORITY IS GRANTED, AND TO AUTHORIZE THE DEPARTMENT TO ALSO ENTER INTO LEASE-PURCHASE OR INSTALLMENT CONTRACTS WITH PRIVATE VENDORS TO ACQUIRE A STATE CORRECTIONAL FACILITY.
Read the first time and referred to the Committee on Corrections and Penology.

S. 178 (Word version) -- Senator Courtney: A JOINT RESOLUTION AUTHORIZING THE STATE BUDGET AND CONTROL BOARD TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY TO THE TOWN OF PACOLET MILLS.
Read the first time and referred to the Committee on Finance.

S. 179 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 79 SO AS TO PROVIDE THAT CERTAIN PERSONS WHO DONATE CANNED OR PERISHABLE FOOD TO A CHARITABLE OR NONPROFIT ORGANIZATION AND THE CHARITABLE ORGANIZATION ACCEPTING THE FOOD ARE NOT SUBJECT TO CRIMINAL OR CIVIL LIABILITY ARISING FROM THE CONDITION OF THE FOOD UNDER SPECIFIED CONDITIONS, AND TO PROVIDE PENALTIES FOR THE UNLAWFUL SALE OF DONATED FOOD.
Read the first time and referred to the Committee on Judiciary.

S. 180 (Word version) -- Senators McConnell, Drummond, Holland and Alexander: A SENATE RESOLUTION TO ADOPT RULES OF PROCEDURE FOR THE SENATE AS AUTHORIZED PURSUANT TO ARTICLE III, SECTION 12 OF THE SOUTH CAROLINA CONSTITUTION, 1895, SO AS TO FURTHER DEFINE THOSE MATTERS WHICH ARE GERMANE TO AND WITHIN THE JURISDICTION OF THE COMMITTEES OF THE SENATE.
Be it resolved by the Senate:

RULE 19.
Standing and Special Committees of the Senate

The Standing Committees of the Senate shall be as follows and shall have jurisdiction over legislation, appointments and other matters which fall within the title or titles of the Code of Laws as are herein below enumerated for each of the Committees:
Agriculture and Natural Resources - Titles 39, 46, 47, 48 (land resources, soil & water conservation, mining, oil & gas, and wetlands), and 49
Banking and Insurance - Titles 29, 34, 35, 36, 37, and 38
Corrections and Penology - Titles 2 (community corrections), and 24
Education - Titles 51, 59, and 60 (school governance & structure at all levels)
Ethics
Finance - Titles 4, 5, 6 (bonding authority, taxation, finances), 8 (employment standards, retirement, deferred compensation), 9, 10, 11, and 12
Fish, Game and Forestry - Titles 48 (forestry, fire protection, sea grants, soil & water conservation, and wetlands), 49, and 50
General Committee - Titles 25, 39, 43, and 52
Invitations
Judiciary - Constitution, Titles 1, 2, 3, 4 (structure & powers), 5 through 8, 14 through 23, 26, 27, 28, 30, 32, 33, 36, 39, 42, 44 (drug related offenses), 53, 56 (criminal offenses), 58, 61, and 62
Labor, Commerce and Industry - Titles 6, 13, 31, 39, 40, 41, 45, and 51
Medical Affairs - Titles 39, 40 (health care professionals), 43, 44, and 48 (pollution control, waste management, water & sewer)
Rules - Senate Rules, Joint Rules
Transportation - Titles 54, 55, 56, 57, and 58 (Regional Transportation Authorities and railroads)
(1) The membership of the above listed committees shall be not less than five (5) nor more than eighteen (18), except as otherwise provided herein. The Committee on Ethics shall be composed of ten (10) members. Of the ten (10) members selecting a seat, five (5) shall be members of the majority party and five (5) shall be members of the minority party. The Committee on Invitations shall be limited to not more than ten (10) members. The several committees shall have such powers and duties as provided for in these rules.
(2) In addition to the above listed Standing Committees, there shall be two (2) Special Committees to be known as the Committee on Interstate Cooperation which shall be composed of five (5) members and the Chairmen's Committee to be composed of the Chairmen of the fourteen (14) Standing Committees. The Chairman of the Chairmen's Committee and Interstate Cooperation Committee shall in all cases be the President Pro Tempore or the most senior senator serving thereon.
(3) Members of the Senate shall be limited to serve on not more than five (5) Standing Committees. Membership on the Committee on Ethics, the Committee on Invitations, and the Committee on Interstate Cooperation are not included in limiting membership on Standing Committees. No member shall chair more than one (1) Standing Committee but may chair a Standing Committee and a Special Committee concurrently.
(4) Members of the Senate shall make their committee selections at the commencement of the session following the election of Senator(s) or at such session called for that purpose. For the members to make their Standing Committee selections, the Clerk of the Senate (or if the Clerk has not been elected, the Clerk of the Senate during the preceding General Assembly or an assistant clerk) shall prepare a roll of the Senate listing the members in the order of length of continuous service, beginning with the longest continuous service. Where two or more members have equal continuous service they shall be listed in alphabetical order. The Clerk of the Senate shall then call the roll twice. Each member, upon his or her name being called during the first call of the roll, shall select four (4) unfilled Standing Committees on which he wishes to serve (and shall also select at this same time a seat on each or all of the Ethics, Invitations and Interstate Cooperation Committees so long as a vacancy exists). When the roll is called the second time, each member upon his or her name being called, shall select one additional unfilled Standing Committee on which he wishes to serve. In the event any member is unable to be present for selection of Standing Committees, that member may authorize in writing any member of the Senate to make selections in his or her behalf. This procedure shall be followed on the first day of the session following the election of Senators and at any other session where the Senate proceeds to fill vacancies on a committee by whatever reason caused. Any Senator who served on a Standing Committee in the session immediately past shall have the right to serve on such committee regardless of the Senator's seniority in the Senate, unless the Senator shall elect to be removed from such committee.
(5) Membership on the Judiciary Committee excludes membership on the Finance Committee and vice versa.
(6) Except as otherwise provided herein, in the selection by members of a seat on a Senate Standing Committee, the seniority system shall be retained so as to become a part of these rules and shall be followed without regard to party affiliation.
(7) Committee seniority shall be determined by tenure within the committee rather than tenure within the Senate. When members with seniority transfer to a new committee, their seniority will be counted ahead of newly-elected Senators.
(8) Where two or more Standing Committees are combined, initial membership on such committees shall be based on tenure within the Senate.
(9) In the election of the Chairmen of the Standing Committees, the Senate shall proceed viva voce, severally, to elect the Chairman of each committee by a majority vote.
(10) Matters shall be referred to a committee in accordance with jurisdiction of the committee as hereinabove established, or to such other committee as the Senate may order by majority vote on the motion of any member at the time the matter is before the Senate and subject to referral.
(11) The membership on committees of conference and free conference between the two Houses shall be determined by the President Pro Tempore of the Senate in consultation with the chairman of the committee with jurisdiction over the Bill which is the subject of the request for appointment of a conference committee.
(12) Time schedules for committee meetings. The following schedule shall be the regular meeting times for Standing Committees when the General Assembly is in session. The time and date may be changed by the Chairmen's Committee and any additional meeting may be called by individual Committee Chairmen.
Every Tuesday   3:00 p.m. -
Finance and Judiciary
1st and 3rd Wednesday   9:00 a.m. - Education
10:00 a.m. -
Fish, Game & Forestry
3:00 p.m. - Transportation
2nd and 4th Wednesday   9:00 a.m. -
Medical Affairs and General
3:00 p.m. -
Banking & Insurance
1st and 3rd Thursday   9:00 a.m. -
Corrections & Penology
Agriculture & Natural
Resources
2nd and 4th Thursday   9:00 a.m. -
Labor, Commerce & Industry
The Rules Committee, Ethics Committee, Chairmen's Committee, Interstate Cooperation Committee, and the Invitations Committee shall meet at the call of the Chair. Provided, however, that nothing herein shall prohibit the Chairman of a Standing Committee from canceling a committee meeting.
The above listed dates refer to calendar weeks as opposed to session weeks. The date, time and place of any called meetings shall be reported to the Clerk of the Senate who shall post such information in the lobby of the Gressette Senate Office Building and the State House. Notice of regular scheduled meetings, as well as called meetings, shall be posted at least 24 hours in advance whenever feasible.

Referred to the Committee on Rules.

S. 181 (Word version) -- Senator Giese: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 91 SO AS TO PROVIDE THAT GENETIC INFORMATION PERTAINING TO ACCIDENT AND HEALTH INSURANCE SHALL BE PRIVATE UNDER SPECIFIED CONDITIONS, TO PROVIDE FOR THE MANNER IN WHICH SUCH INFORMATION MAY BE USED AND DISCLOSED, AND TO PROVIDE CERTAIN CIVIL REMEDIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Banking and Insurance.

S. 182 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MR. ERNEST EUGENE McALHANEY ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY.
The Concurrent Resolution was adopted, ordered sent to the House.

REPORTS OF STANDING COMMITTEES

Senator McCONNELL from the Committee on Rules submitted a favorable with amendment report on:
S. 127 (Word version) -- Senators McConnell, Ravenel, Reese, Short, J. Verne Smith, Drummond, Holland, Alexander, Glover, Bryan, Russell, Martin, Rankin, McGill and Ford: A SENATE RESOLUTION TO AMEND SENATE RULE 13, RELATING TO POINTS OF PERSONAL PRIVILEGE, SO AS TO SPECIFY WHEN REMARKS OF THIS NATURE ARE ALLOWED AND TO FURTHER SPECIFY TIME LIMITS REGARDING POINTS OF PERSONAL PRIVILEGE.
Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out S. 169 favorable:
S. 169 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE AND TO CELEBRATE THE FOUNDING OF THE JOHN DE LA HOWE SCHOOL TWO HUNDRED YEARS AGO AND TO DECLARE JANUARY 29, 1997, AS JOHN DE LA HOWE SCHOOL DAY IN SOUTH CAROLINA.

Poll of the Invitations Committee
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Peeler                    Wilson
Patterson                 O'Dell                    Passailaigue
Rose                      McGill

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews                  Russell

TOTAL--2

Adopted

S. 169 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE AND TO CELEBRATE THE FOUNDING OF THE JOHN DE LA HOWE SCHOOL TWO HUNDRED YEARS AGO AND TO DECLARE JANUARY 29, 1997, AS JOHN DE LA HOWE SCHOOL DAY IN SOUTH CAROLINA.

Senator DRUMMOND moved that the Concurrent Resolution be adopted.

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

Senator COURSON from the Committee on Invitations polled out H. 3219 favorable:
H. 3219 (Word version) -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 22, 1997, AT THE KOGER CENTER FOR THE ARTS.

Poll of the Invitations Committee
Ayes 8; Nays 0; Not Voting 2

AYES

Courson                   Peeler                    Wilson
Patterson                 O'Dell                    Passailaigue
Rose                      McGill                    

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Matthews                  Russell

TOTAL--2

Ordered for consideration tomorrow.

Adopted

H. 3219 (Word version) -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 22, 1997, AT THE KOGER CENTER FOR
THE ARTS.
Senator COURSON moved that the Concurrent Resolution be adopted.

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

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

SECOND READING BILL WITH
NOTICE OF GENERAL AMENDMENTS

The following Bill was read the second time with notice of general amendments:
S. 48 (Word version) -- Senators Rose, McConnell and Mescher: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATE COURTS IN DORCHESTER COUNTY, SO AS TO ESTABLISH A SINGLE COUNTYWIDE JURY AREA.

SECOND READING BILL

The following Bill was read the second time:
S. 12 (Word version) -- Senators McConnell, Rose, Ravenel, Passailaigue, Mescher, Washington and Ford: A BILL TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.

Motion Adopted

On motion of Senator LEVENTIS, with unanimous consent, notwithstanding the provisions of Rule 9, members will be authorized to add their name as a co-sponsor to any Bills introduced up to and until Tuesday, January 21, 1997.
There was no objection and the motion was adopted.

Motion Adopted
Standing Committee Changes

On motion of Senator PASSAILAIGUE, with unanimous consent of the Senate, the membership of the Standing Committees was changed to reflect that Senator PASSAILAIGUE gave up his seat on Transportation to Senator RAVENEL and Senator RAVENEL gave up his seat on Rules to Senator PASSAILAIGUE.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

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

REMARKS by the PRESIDENT PRO TEMPORE

On motion of Senator ROSE, with unanimous consent, the Remarks by Senator DRUMMOND, PRESIDENT PRO TEMPORE, were ordered printed in the Journal as follows:

Mr. President, Members of the Senate:
As we finish up our first day of business, let me make a few observations, particularly to those who are with us this year for the first time.
Welcome aboard. You're now members of what has been called the world's greatest deliberative body, and that's quite a distinction. It tells a lot about how we like to do business around here.
The South Carolina Senate, you see, is not a legislation factory and it ought not to be a political football field either. We do not measure success by the number of bills we pass each year or on the basis of a partisan scorecard of winners and losers.
What we do is work hard on each piece of legislation we receive, and sometimes, my friends, we may find that no legislation at all is better than bad legislation. And we work hard to build the broadest possible base of support for the things we do -- regardless of political party -- and that, my friends, means compromise.
Yes, compromise. I've never seen a piece of legislation which wasn't improved by bringing people together and working out as many of their
disagreements as possible. It's the very heart of the deliberative process, and quite often, it's the very heart of good legislation.
Now we've just come out of some heated elections in which a lot of loud political talking was done. You and I heard people saying that this group or that group was going to take over the Senate. It made me stop and wonder: "Take over the Senate from whom?"
This Senate belongs to the people of South Carolina. Are there people who would like to take the Senate away from the people and give it to a political party? I don't think so.
And there were other voices which bragged about taking positions where there could be no compromise. That may sound good on the stump, or in the newspapers, but inside the Senate, it sounds like political dictatorship. Politics is the art of the possible, and in this Senate, we find nothing dishonorable about the practice of compromise.
I'm proud to be the President Pro Tempore of this body, and I congratulate each one of you on your election. You now belong to what my good friend, Senator ARTHUR RAVENEL, calls the "Cadillac of Elective Office." He's right, except that maybe we should call it the "BMW" these days, Senator SMITH.
I remember my days thirty years ago as the freshman senator from Ninety-Six, and I remember the great honor I had in serving in that Senate with men such as EDGAR BROWN, MARION GRESSETTE, REMBERT DENNIS, EARLE MORRIS, DICK RILEY, and MARSHALL WILLIAMS. They were giants and their service has been distinguished and historic. They were also stewards of the deliberative process which we inherit today and which we have a duty to keep alive and pass on.
A lot of changes have taken place since those days, of course, and they're changes which only make the process work better. We are no longer a Senate of one party, one gender, one race. We are a Senate of old and young, urban and rural, black and white, men and women. That kind of diversity makes the deliberative process even more important because it reflects more accurately the makeup of the State.
We also carry after our names a "D" or an "R," and that's fine, too. But I sometimes wish we could all exchange those letters for the simple designation of "SC" because that's where our allegiance belongs. This is a place where the donkey and the elephant should dance together, and the rights of the minority -- whatever the minority -- should always be respected and protected.
If you're skeptical about all this, just take a look at the record last year. In an atmosphere of loud and harsh rhetoric, we worked together for all-day kindergartens, and without the Senate, it simply would not have happened.
The Senate, as a collective body, felt it was proper that a monument be placed on the State House grounds to celebrate the accomplishments of this state's African Americans, and we worked to make it happen.
A lot of good things happened because there was great political courage, compassion and wisdom -- and -- there was one other thing: there was in this Chamber a sense of mutual respect of the highest order. We didn't indulge in cheap shots or create scapegoats. That much was clear as we addressed fairly the legitimate needs of the less fortunate, and we dealt reasonably and appreciatively with a state work force which deserves better than to be dismissed as "just a bunch of bureaucrats."
We began the task of addressing the state's long-deferred infrastructure needs, beginning with water and sewer systems which dated back to the World War II days. Under the leadership of Chairman Senator JOHN COURSON and Rep. Billy Boan, who headed up a special committee on infrastructure, the Advisory Commission on Intergovernmental Relations is working to give us a blueprint for addressing long-term needs in an orderly fashion.
Our job is a tough one, make no mistake about it. But it is a job made much more do-able by the stable partnerships and coalitions which guide this Senate. There has never been a time when there were stronger, more effective chairmen of the standing committees, and they will be drawn even more fully into the work of the Senate in the months ahead. This Senate values the experience and leadership of its senior members, and treasurers the new energy and ideas it derives from its newer members. It's a good combination -- veterans and newcomers -- like the one that led the Carolina Panthers to so many victories this year. We're winners, too, and this could be a Super Bowl year for addressing the needs of the people of this State.
To each of you, veterans and newcomers, I extend the hand of friendship and cooperation, and I pledge to each of you the full extent of my energy and abilities. In return, I offer you the opportunity to be a full partner in everything we do. All I ask is that you respect the very special role which this Senate plays in the lives of the people of South Carolina.
You see, my fellow senators, we're all imperfect, and we need each other. That's why democracy suits us so well. It forces us to work together, to use each other's ideas, and to come up with solutions that represent collective wisdom and not narrow interests. This is not a winner-take-all arrangement. It's a system built on patience and tolerance, and sometimes that's not very efficient; in fact, it can be downright inefficient, frustrating and tormenting. That's why Winston Churchill said that democracy was the worst system of government in the world, except when it's compared to all the others.
REMBERT DENNIS used to joke about his partnership and friendship with his desk mate, MARION GRESSETTE and he said one time, "United we stand, and divided, I fall." United, my fellow senators, we stand in this Senate; and divided, we all fall.
It's easy to pick fights. It's easy to bear grudges. Its easy to flaunt power just for the sake of flaunting power. It's much more difficult to find opportunities for healing and for uniting. That's the role -- the unique role -- this Senate has traditionally played in the governmental process, and that's the role I intend to pursue and promote in this Chamber. Please join me in honoring the great tradition of deliberation, fairness and mutual respect which has always characterized this Senate and let's make this a year in which we can convert our honest differences and disagreements into dynamic new energy to work together for the people of this State.
Let me close with something which Olin Johnston once said when he was Governor back in the wartime year of 1943. I've changed it just a little bit to make it apply to this Senate, but I think the spirit carries through. He said,

"We are only one body,
But we are one.
We can't do everything,
But we can do something.
What we can do,
We ought to do.
And what we ought to do,
By the Grace of God,
We will do."

Thank you.

ADJOURNMENT

At 11:42 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

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