1995 Permanent Senate Journal Printed Pages 530-540 - South Carolina Legislature Online

Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

Printed Page 520, Feb. 9 | Printed Page 540, Feb. 14

Printed Page 530 . . . . . Thursday, February 9, 1995

MOTION ADOPTED
On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Don Durham of Pickens County, S.C., who passed away on Sunday, February 5, 1995.

ADJOURNMENT

At 12:40 P.M., on motion of Senator COURSON, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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Printed Page 531 . . . . . Friday, February 10, 1995

Friday, February 10, 1995
(Local 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 ACTING PRESIDENT, Senator RYBERG.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3217 -- Reps. Neilson, Hines and Baxley: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO DELETE THE PHILADELPHIA PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON WHICH SUCH PRECINCTS ARE SHOWN.

(By prior motion of Senator COURTNEY, with unanimous consent)

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 474 -- Senator Holland: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.

(By prior motion of Senator HOLLAND)

ADJOURNMENT

At 11:10 A.M., on motion of Senator SETZLER, the Senate adjourned to meet next Tuesday, February 14, 1995, at 12:00 Noon.

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Printed Page 532 . . . . . Tuesday, February 14, 1995

Tuesday, February 14, 1995
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 the words of St. Paul to the Corinthians (I Cor. 12:31-13:1) (NRSV):

"But strive for the greater gifts.

And I will show you a still more excellent

way.

If I speak in the tongues of mortals

and angels, but do not have love,

I am a noisy gong, or a clanging cymbal."
Let us pray.

Dear Lord, in our human relationships we don't make progress fast.

Grant that in our struggles of the twentieth century we may remember the words and feel the spirit of Lincoln's Second Inaugural Address, March 4, 1865, when he said:

"With malice toward none; with charity for all;

With firmness in the right, as God gives us

to see the right,

Let us strive on to finish the work we are in;

To bind up the nation's wounds, to care for

him who shall have borne the battle, and for

his widow and his orphan--- to do all

which may achieve and cherish a just and

lasting peace among ourselves and with all

nations."

Amen, so help us, Lord!

MOTION ADOPTED

On motion of Senator STILWELL, with unanimous consent, Senators McCONNELL, MOORE, SALEEBY and RUSSELL were granted leave to attend the Judicial Screening Committee meeting, to be counted in any quorum calls, and if any roll call votes were taken, were granted leave to vote from the balcony.

Printed Page 533 . . . . . Tuesday, February 14, 1995

Point of Quorum

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

Call of the Senate

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

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Glover            Gregory          Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Patterson

Peeler            Rankin           Reese

Richter           Rose             Russell

Ryberg            Saleeby          Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          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.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 26, 1994
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

Printed Page 534 . . . . . Tuesday, February 14, 1995

Statewide Appointment

Initial Appointment, Director of the Department of Labor, Licensing and Regulation, with term to commence January 23, 1995, and to expire at the pleasure of the Governor:

Mr. Lewis F. Gossett, Director, Department of Labor, Licensing and Regulation, Post Office Box 11329, Columbia, S.C. 29211 VICE Virgil W. Duffie, Jr. (resigned)

Referred to the Committee on Labor, Commerce and Industry.

MESSAGE FROM THE GOVERNOR
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

February 1, 1994
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

Statewide Appointment

Initial Appointment, Executive Director of the South Carolina Department of Revenue and Taxation, with term to commence February 1, 1995, and to expire at the pleasure of the Governor:

Mr. Burnet R. Maybank, III, 655 Old Plantation Road, Charleston, S.C. 29401

Referred to the Committee on Finance.

REGULATION WITHDRAWN

The following was received:

Document No. 1763
Promulgated by Board of Pharmacy, Department of Labor, Licensing and Regulation
Annual License Renewal Fee
Received by Lt. Governor May 13, 1994

Printed Page 535 . . . . . Tuesday, February 14, 1995

Referred to Senate Committee on Labor, Commerce and Industry
Withdrawn February 8, 1995

Doctor of the Day

Senator BRYAN introduced Dr. Theodore Watson of Greenville, S.C., Doctor of the Day.

Leave of Absence

At 1:15 P.M., Senator LANDER requested a leave of absence for the balance of the day.

Point of Personal Interest

Senator GREGORY rose to a Point of Personal Interest.

Remarks by Senator GREGORY

Mr. President, Ladies and Gentlemen of the Senate:

I rise today not to criticize the Senate, but to express my concern over the direction we are heading and our lack of accomplishment to date.

Last year was a slow year for the Senate. We did not get much done. I thought that maybe it was just an off year. I thought this year would be different. Unfortunately, it has not been.

It is as though the Senate is an old car on a cold morning. We just can't seem to get going.

We are six weeks into the session and what have we accomplished? Only the expulsion of one of our members; that is all.

What prompted me to make these remarks was a request by a friend for me to speak on March 1st to the Lancaster Rotary Club about what the Senate has done to date. That talk could be the shortest since Churchill's "Never Give Up" speech.

What makes our lack of accomplishment even more perplexing is that last year legislation was introduced, and, subsequently, voted down, which would have shortened the session. These who voted against it stated there would be "no way we could get our work done" if the session was shortened. Yet, we meet for a longer session than any other southern state. Why is that?

The fact of the matter is that we couldn't get our work done if we met all year. The reason being is that we don't work while we are in session in the Chamber. You know, the motion to go to lunch is the highest motion in this body. It seems that we can never get down to business because there is always a lunch meeting to attend with a special interest

Printed Page 536 . . . . . Tuesday, February 14, 1995

group. If lunch is that important, then we should start meeting at 2:00 like the House does.

I'm on five standing committees in this Senate. Only two of those committees have ever met. If the committees are not going to even meet, what is the purpose of us being here?

And I'm not even the person who should be giving this speech. I'm just a middle of the pack freshman. If the Senate were a baseball team, I would be a utility infielder.

However, my father told me when I came down here to do what I thought was right and to stand up for what I believed in. Everybody is talking about our lack of initiative and someone needs to stand up and say something about it.

I believe that the Senate needs to decide what its role is going to be. Are we indeed the Upper Chamber, or are we going to be content to become just a backstop for House legislation? Think about it. Virtually all major legislation last year and this year has come from the House. The Crime Bill, Truth-in-Sentencing, Tax Reform, Welfare Reform all came from the House. So the question is: Are we going to be proactive or simply reactive?

The Senate can do good work if we set our minds to it. Take, for instance, the Battle Flag compromise we passed last year. It was tough to do. It took long hours of work in this Chamber. We did not hammer out that plan by meeting in one-hour sessions. We did it by debating the issue into the night on several consecutive days.

I know, the Senate is supposed to be a counter balance for the House. The House is supposedly a "legislative racetrack." Nevertheless, there is a difference between being a counterbalance and dead weight. We are supposed to be the "deliberative body," and that is good. However, it is easier to turn around a battleship in Harbor Town than to bring about change on the floor of this Chamber. The crux of the matter is that it is fine to be deliberate. The problem with the Senate, though, is that we never seem to deliberate to a point of conclusion.

The House is making us look foolish. They have 35 new members over there. Yet, they are accomplishing things. If you don't believe me, pick up the newspaper, watch "Statehouse Week." The Senate is in danger of becoming a pariah, and I didn't come here to become a pariah.

To win my seat I had to walk to over 5,000 houses over 1,000 square miles. I walked down and back a 25-mile highway going to every house in 100 degree heat. That's what I had to do to beat a 20-year incumbent. I didn't do that to get Senate license tag #36. I did it because I wanted to help bring about change. I wanted to serve the people of this State. The

Printed Page 537 . . . . . Tuesday, February 14, 1995

state I was born in, the state my parents were born in, the state my grandparents were born in, in places like Lancaster County, Jasper County, Colleton County, and Laurens County.

Nothing is worthwhile without sacrifice. I've never accomplished anything that I did not want to quit at one time or another.

We in the Senate need to sacrifice a little harder, push harder, and reach the potential we have for serving this State.

On motion of Senator ROSE, with unanimous consent, Senator GREGORY's remarks were ordered to be printed in the Journal.

Point of Personal Interest

Senator LEATHERMAN rose to a Point of Personal Interest.

Point of Personal Interest

Senator LEVENTIS rose to a Point of Personal Interest.

Point of Personal Interest

Senator DRUMMOND rose to a Point of Personal Interest.

Point of Personal Interest

Senator MARTIN rose to a Point of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 495 -- Senator Saleeby: A BILL TO AMEND SECTION 38-31-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT", SO AS TO CHANGE THE DEFINITION OF "COVERED CLAIM"; AND TO AMEND SECTION 38-31-100, RELATING TO THE SAME ACT, THE REQUIREMENT THAT CLAIMANTS EXHAUST RIGHTS UNDER OTHER POLICIES, AND CLAIMS RECOVERABLE FROM MORE THAN ONE ASSOCIATION, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ANY RECOVERY UNDER THIS ACT MUST BE REDUCED BY THE STATUTORY CAP APPLICABLE TO THE OTHER INSURANCE GUARANTY ASSOCIATION OR ITS EQUIVALENT.

Read the first time and referred to the Committee on Banking and Insurance.

Printed Page 538 . . . . . Tuesday, February 14, 1995

S. 496 -- Senator Reese: A BILL TO AMEND SECTION 24-21-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CERTAIN OFFENDERS, SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES MAY NOT CONDUCT A PRESENTENCE INVESTIGATION BEFORE A PERSON IS CONVICTED OF A CRIME.