South Carolina General Assembly
113th Session, 1999-2000
Journal of the Senate


Printed Page 661 . . . . . Tuesday, February 8, 2000

Tuesday, February 8, 2000
(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 Prophet Amos, Chapter 3:1-2:

"Listen! This is your doom! It is spoken by the Lord against both Israel and Judah... against the entire family I brought from Egypt: 'Of all the peoples of the earth, I have chosen you alone. That is why I must punish you the more for all your sins. For how can we walk together with your sins between us? Would I be roaring as a lion unless I had a reason'?"
Let us pray.

Eternal God our Father, may our sense of duty to the God on high, as well as our sense of responsibility to our people who sent us here, like a lion's roar, call us daily to stretch to do our best.

O, Divine Lord, You have caused us to live in this, one of the most exciting periods of all time. You have linked our lives with heavy responsibility for judgment and decision.

Hear our prayer not for small tasks, but for resources of mind and heart to succeed in the tasks that are daily put before us.

Help us to follow the Man from Galilee!
Amen.

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

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 2452
Agency: Department of Education
SUBJECT: Graduation Requirements
Received by Lieutenant Governor February 3, 2000
Referred to Education Committee
Legislative Review Expiration June 2, 2000


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Document No. 2483
Agency: Department of Education
SUBJECT: Assisting, Developing, and Evaluating Professional Teaching (ADEPT)
Received by Lieutenant Governor February 3, 2000
Referred to Education Committee
Legislative Review Expiration June 2, 2000

Document No. 2495
Agency: Department of Labor, Licensing and Regulation, Board of Registration for Professional Engineers and Land Surveyors
SUBJECT: Individual Licenses
Received by Lieutenant Governor February 2, 2000
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 1, 2000

REGULATIONS WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2378
Agency: Department of Labor, Licensing and Regulation, Board of Occupational Therapy
SUBJECT: Definitions, Officers of the Board, Board Meetings, Licensure, Continuing Education, Fees, Code of Ethics
Received by Lieutenant Governor January 11, 2000
Referred to Medical Affairs Committee
Legislative Review Expiration May 9, 2000
Revised May 12, 2000
120 Day Period Tolled
Withdrawn and Resubmitted February 4, 2000

Doctor of the Day

Senator COURTNEY introduced Dr. M. David Mitchell of Spartanburg, S.C., Doctor of the Day.

RECALLED

S. 1053 (Word version) -- Senator Drummond: A JOINT RESOLUTION TO REQUIRE THE LOCAL GOVERNMENT FUNDING SYSTEM STEERING COMMITTEE TO COMPLETE ITS FINAL REPORT BY DECEMBER 31, 2000, RATHER THAN BY APRIL 1, 2000, TO PROVIDE FOR AN INTERIM REPORT AT THE TIME OF THE


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ORIGINAL DUE DATE, AND TO ALLOW THE FUNDS APPROPRIATED FOR THE COMMITTEE TO CARRY FORWARD INTO THE NEXT FISCAL YEAR.

Senator HUTTO asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.

There was no objection.

Senator HUTTO asked unanimous consent to place the Joint Resolution on the Calendar.

There was no objection.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1123 (Word version) -- Senator Courtney: A BILL TO AMEND SECTION 23-6-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, HIGHWAY PATROL DIVISION, SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL TO IMPLEMENT A PROMOTION POLICY WHICH SHALL INCLUDE THE RANK OF MASTER TROOPER.
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Read the first time and referred to the Committee on Judiciary.

S. 1124 (Word version) -- Senators Thomas, Anderson and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 10-1-220 AND 10-1-230, SO AS TO CREATE THE HERITAGE PARK ON THE STATE HOUSE GROUNDS, TO RELOCATE THE CONFEDERATE NAVAL JACK FLAG FLYING ABOVE THE STATE HOUSE DOME TO A SITE ON THE STATE HOUSE GROUNDS UNTIL THE DEDICATION OF THE PARK, TO RETURN THE FLAG TO THE STATE HOUSE DOME IF THE PARK IS NOT COMPLETED WITHIN TWO YEARS OF THIS ACT'S EFFECTIVE DATE AND TO PERMANENTLY REMOVE THE FLAG FROM THE DOME UPON THE COMPLETION AND DEDICATION OF THE PARK, AT WHICH TIME THE FLAG MUST BE PLACED AT A SITE IN THE PARK DESIGNATED BY THE PARK COMMISSION, AND UPON THE DEDICATION TO ALSO REMOVE THE CONFEDERATE NAVAL JACK FLAG FROM THE HOUSE AND SENATE CHAMBERS; TO CREATE THE HERITAGE PARK COMMISSION AND PROVIDE FOR ITS


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MEMBERS AND DUTIES, TO PROVIDE FOR VARIOUS COMPONENTS OF THE PARK INCLUDING DISPLAYS OF OTHER HISTORICAL FLAGS, REPRESENTATIONS OF HISTORICAL EVENTS, A MEMORIAL WALL INCLUDING NAMES OF ALL SOUTH CAROLINIANS WHO DIED IN THE WAR BETWEEN THE STATES (THE CIVIL WAR), AND EXHIBITS OF EVENTS AND DEVELOPMENTS DURING AND AFTER THE WAR; BY ADDING SECTION 10-1-240 SO AS TO PROVIDE THAT A TWO-THIRDS VOTE IN THE HOUSE AND IN THE SENATE IS REQUIRED TO REMOVE OR RENAME A MONUMENT, MARKER, OR MEMORIAL LOCATED ON PUBLIC PROPERTY OF THE STATE OR ITS POLITICAL SUBDIVISIONS OR ANY STREET OR PARK HONORING THE CONFEDERACY OR INDIVIDUALS WHO SERVED IN THE CONFEDERACY OR HONORING THE CIVIL RIGHTS STRUGGLE OR INDIVIDUALS WHO PARTICIPATED IN THIS STRUGGLE; AND BY ADDING SECTION 10-1-250 SO AS TO PROVIDE THAT NO PROVISION OF THIS ACT MAY BE AMENDED, REPEALED, OR SUPERCEDED WITHOUT A TWO-THIRDS VOTE OF THE HOUSE AND THE SENATE.
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Senators THOMAS, ANDERSON and BRYAN spoke on the Bill.

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

S. 1125 (Word version) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REVISIT THE REGULATIONS OF THE GIFTED AND TALENTED PROGRAM TO CLARIFY THAT STUDENTS IDENTIFIED UNDER THE REGULATION MAY BE REMOVED FROM THE PROGRAM ONLY AFTER THE DISTRICT'S WRITTEN PROCEDURES FOR DISMISSAL ARE FOLLOWED AND ONLY WHEN REMOVAL IS PRECEDED BY APPROPRIATE COUNSELING WITH THE STUDENT AND CONFERENCES WITH THE STUDENT'S TEACHERS AND PARENTS.
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Read the first time and referred to the Committee on Education.

S. 1126 (Word version) -- Senator Moore: A SENATE RESOLUTION RECOGNIZING AND CONGRATULATING THE MIDLAND


Printed Page 665 . . . . . Tuesday, February 8, 2000

VALLEY HIGH SCHOOL MUSTANGS OF AIKEN COUNTY ON WINNING THE 1999 REGION 4 CLASS AAA FOOTBALL CHAMPIONSHIP.
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The Senate Resolution was adopted.

S. 1127 (Word version) -- Senator Moore: A SENATE RESOLUTION HONORING AND CONGRATULATING THE AIKEN HIGH SCHOOL HORNETS ON WINNING THE CLASS AAAA UPPER STATE FOOTBALL CHAMPIONSHIP.
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The Senate Resolution was adopted.

S. 1128 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE WARDLAW ACADEMY "PATRIOTS" FOOTBALL TEAM OF EDGEFIELD COUNTY ON CAPTURING THE 1999 SOUTH CAROLINA INDEPENDENT SCHOOLS ATHLETIC ASSOCIATION (SCISA) CLASS A STATE CHAMPIONSHIP TITLE.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3295 (Word version) -- Rep. Kirsh: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 38 SO AS TO ENACT PROVISIONS GOVERNING AND REGULATING FRATERNAL BENEFIT SOCIETIES, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CERTAIN CRIMINAL OFFENSES AND PENALTIES, MEMBERSHIP, CONTRACTUAL BENEFITS, AND FINANCES; AND TO REPEAL CHAPTER 37, TITLE 38, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS.

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

H. 4296 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 14-25-165, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 22-2-80 AND 22-2-90, ALL RELATING TO THE SELECTION OF THE JURY LIST IN MUNICIPAL AND MAGISTRATE'S COURT, SO AS TO PROVIDE THAT THE


Printed Page 666 . . . . . Tuesday, February 8, 2000

COURT MAY DRAW ADDITIONAL NAMES OF QUALIFIED ELECTORS FOR THE JURY LIST IF THE COURT FIRST SEEKS AND RECEIVES THE APPROVAL OF COURT ADMINISTRATION.

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

H. 4442 (Word version) -- Reps. Cato and Tripp: A BILL TO ENACT THE "PROTECTED CELL INSURANCE COMPANY ACT" INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 10, SO AS TO, AMONG OTHER THINGS, AUTHORIZE AN INSURANCE COMPANY TO CREATE AND SEGREGATE AN IDENTIFIED POOL OF ASSETS AND LIABILITIES FROM THE REMAINDER OF THE COMPANY'S ASSETS AND LIABILITIES FOR THE PURPOSE OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL AND ACHIEVING BENEFITS OF INSURANCE SECURITIZATIONS; TO PROVIDE PROCEDURES FOR ESTABLISHING PROTECTED CELL COMPANIES; TO PROVIDE FOR THE USE AND OPERATION OF PROTECTED CELLS; AND TO PROVIDE FOR THE AVAILABILITY OF PROTECTED CELL ASSETS TO CREDITORS AND OTHER CLAIMANTS.

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

H. 4483 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE PRINCIPAL INDUCTION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2427, 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 Education.

H. 4532 (Word version) -- Reps. Kirsh, Delleney, Meacham-Richardson, McCraw, Moody-Lawrence and Simrill: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 24, 25, AND 26, 2000, BY THE STUDENTS AND TEACHERS OF YORK COUNTY SCHOOL DISTRICT NUMBER ONE DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN


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THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

H. 4536 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO ANDREW "DREW" DOWLING WOODHAM III, OF RICHLAND COUNTY, UPON ATTAINING THE HIGHEST AND MOST DISTINGUISHED HONOR A BOY SCOUT MAY RECEIVE.

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

H. 4538 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO EXTEND THE HEARTFELT ADMIRATION AND CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE NAVY JUNIOR ROTC DRILL TEAM OF SILVER BLUFF HIGH SCHOOL IN AIKEN COUNTY ON BEING NAMED THE "SOUTH CAROLINA NAVY JUNIOR ROTC STATE CHAMPION" FOR THE SECOND STRAIGHT YEAR AT THE STATEWIDE DRILL COMPETITION SPONSORED BY THE NROTC UNIT AT THE UNIVERSITY OF SOUTH CAROLINA, ON JANUARY 22, 2000, AND TO WISH THE TEAM CONTINUED SUCCESS AT THE NATIONAL DRILL MEET TO BE HELD AT THE NAVY'S TRAINING CENTER IN GREAT LAKES, ILLINOIS, ON APRIL 6 AND 7, 2000.

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

REPORTS OF STANDING COMMITTEES

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable with amendment report on:

S. 688 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 23, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA DROUGHT RESPONSE ACT OF 1985, SO AS TO REVISE THE DROUGHT INDICES, TO REVISE REQUIREMENTS FOR PROVIDING NOTICE OF A DROUGHT TO THE MEDIA, TO REVISE APPOINTMENT PROCEDURES FOR MEMBERS APPOINTED TO LOCAL COMMITTEES IN EACH DROUGHT MANAGEMENT AREA, TO


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PROVIDE FOR CURTAILMENT OF WATER WITHDRAWALS, AND TO REVISE STANDARDS TO BE USED TO EVALUATE WHICH WATER WITHDRAWALS MUST BE CURTAILED.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

S. 970 (Word version) -- Senators Land and Elliott: A BILL TO AMEND SECTION 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO A MINOR, SO AS TO PROVIDE THAT THE RESTRICTIONS ON THIS DRIVER'S LICENSE ALSO MAY BE MODIFIED OR WAIVED BY THE DEPARTMENT OF PUBLIC SAFETY FOR TRAVEL BETWEEN HIS HOME AND CHURCH UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

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

SECOND READING BILL

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

H. 4472 (Word version) -- Rep. Davenport: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING AUTHORITY OF THE DISTRICT.

(On motion of Senator COURTNEY)

H. 4496 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 321 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM FIVE HUNDRED THOUSAND TO SEVEN HUNDRED FIFTY THOUSAND DOLLARS.

(On motion of Senator REESE)


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H. 4496--Ordered to a Third Reading

On motion of Senator REESE, H. 4496 was ordered to receive a third reading on Wednesday, February 9, 2000.

CARRIED OVER

S. 354 (Word version) -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS DEBT RECOVERY ACT OF 1999", WHICH PROVIDES PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED JUDGMENTS AGAINST ANOTHER PERSON FOR A COMMERCIAL DEBT A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR; AND TO AMEND SECTION 37-5-104, RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR CERTAIN CONSUMER DEBTS, SO AS TO PERMIT GARNISHMENT FOR COMMERCIAL DEBTS AS DEFINED IN CHAPTER 42 OF TITLE 15 ABOVE.

Senator MOORE explained the Bill.

On motion of Senator McCONNELL, with unanimous consent, the Bill was carried over.

CARRIED OVER

S. 613 (Word version) -- Senators Passailaigue, Drummond, Giese, Ravenel, Mescher, Ford, Grooms and Washington: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS TO MAINTAIN MAXIMUM FLEXIBILITY IN MANAGEMENT AND OPERATIONS; TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL CONSTITUTE THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND


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CLINICS IN ORDER TO PROVIDE A HIGH LEVEL OF MANAGEMENT AND OPERATIONAL FLEXIBILITY TO THE AUTHORITY AND REMOVE THE HOSPITALS AND CLINICS FROM CENTRAL STATE PROGRAM REGULATION OF PROCUREMENT, REAL PROPERTY, AND HUMAN RESOURCES, TO SET FORTH THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AND CLINIC EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS.

On motion of Senator PASSAILAIGUE, with unanimous consent, the Bill was carried over.

Expression of Personal Interest

Senator COURSON rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator MATTHEWS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator DRUMMOND rose for an Expression of Personal Interest.

Remarks by Senator DRUMMOND

Mr. PRESIDENT and ladies and gentlemen of the Senate, I want to thank the Senator from Greenville and the Senator from Laurens and the other Senator from Greenville for bringing a proposal before us today.
I also want to thank Senator McCONNELL, Senator HAYES, Senator COURSON, Senator LAND, Senator MATTHEWS, and


Printed Page 671 . . . . . Tuesday, February 8, 2000

Senator PATTERSON for working for the last three months trying to settle this issue.

All of you know where I stand. I am 80 years old. I was 40-something years old when the flag went up. I came to the House two years later.

We had no blacks anywhere in this General Assembly in those days, not one. Folks, we have served with black Senators, black House members, black judges, and blacks in this whole government of South Carolina. We have served with them. We call them brothers, sisters. We respect them.

It was not so back then. I feel for Senator SMITH right here. But my great-grandfather was killed and my great-grandmother took her two children --Timothy Drummond (they called him "Little Tim") -- and a sister and put them in John de la Howe School. Then she had no home to live in. She lived with the Davises and we'd go to the Davis reunion. I couldn't understand when I was a little boy why we'd go to the Davis reunion because I did not know she later on married a Davis. I never knew my grandfather, Little Tim. I didn't ever know either my grandmother or grandfather on either side of my mother. When I was in school, you'd sing, "Over the river and through the woods, to grandmother's house we'll go." It used to make me sad because I didn't enjoy any of those grandfathers or grandmothers.

But I am telling you this Senate will settle this issue. We are going to settle it with love. We are going to settle it with respect.

I have a letter in my pocket right now -- a threat against one of our Senators sitting here now. "I'm going to kill you, you so and so." You know what I'm talking about. "Because I have a terminal illness and when I find out I am dying, I'm coming to kill you. " We don't want that, do we?

But do you know what we are doing? We are cultivating that idea in South Carolina. I've seen a lot in my lifetime and most of you have heard me tell about when I found out in my heart that a black person was really a human being. Because I grew up in a textile mill village, I didn't see them. My father was good friends with some adults, but as far as a young person growing up with blacks, I didn't know them. I had no idea. If I could tell you some of the things that I thought about, why it even embarrasses me today to even think about it. But, it was true.

When I was shot down in WWII and transferred to a Prisoner of War Camp way up in the Baltic Sea (cold, it was cold), I had three black fighter pilots in that little 12 ' by 12' room. Slept on straw beds. I


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really didn't know who they were. One of them was A. Q. Carroll (I never will forget him), college graduate of Georgetown University. I was just a high school graduate. I was the room commander. We were playing something and I used the "n" word, the horrible 'n" word, without even thinking about it. Because I heard it all my life, I didn't think anything about it. A. Q. Carroll sitting on the little bench right behind me challenged me. Twelve of us -- nine whites and three blacks, were in the room. He said, "Ace, hit the floor." I was playing cards and, of course, the cards were about so thin that we had to hold our hands over them because everybody knew what was on both sides. Of course we didn't have any money; we were just playing cards for a cigarette. He said, "Ace, hit the floor." And I didn't pay him any attention. But, if I had hit the floor (which means stand up), those eight whites would have probably killed him because the Germans didn't care if we killed each other.

I didn't pay him any attention. In just a few minutes, he tapped me on the shoulder and quietly said, "Ace, let's step out in the hall. I want to talk to you. " I got up and stepped out in the hall with A. Q. Carroll. I'm the room commander and I hardly knew him. I'd only been there just a short while and they'd just been there a short while. And the first thing he said to me, "Ace, we can do more than sing and dance." It shocked me because you know what? That's the only thing I thought they could do. That's all I thought they could do -- step and fetch it. The only thing. Really, I'm confessing. But, it's a true story. And, the thirty minutes that I stood there, I learned that they were human beings. He really educated me.

He said, "Ace, I remember you finished Walterboro, South Carolina Flight School." I said, "Yes." "Well, we came right after y'all left -- the 99th Group, black 99th Group. Came to Walterboro right after you went overseas. We lost several doing training." During training you get into the big planes coming from the little ones. You get into the fighter planes, you mishandle them and a lot of us were killed. They lost several in training. Then he said to me, "You know, when our families visited us, there was no where in Walterboro that they could stay unless we went out in the country and got some black person to allow them to come and visit with them."

Ninety Six is just up the hill. I had just been court-martialed before I went overseas for buzzing Ninety Six. That's a true story. Time I got to Walterboro, the first thing I wanted to do was go show off in Ninety Six. I almost got killed. But I showed off and I got court-martialed and I lost one of my ranks. I'd have been a little major probably when I


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left out instead of a Captain. But, what he said to me, it really brought me to my senses.

But let me tell you what else he said. How would you all like to be standing there? Not really knowing him, except he was a fighter pilot who was shot down. The Germans had captured us. Cold, boy, it was cold. And, then the next thing he said to me, "Ace, you know we couldn't even buy an ice cream cone at the Blue Bird Ice Cream Parlor?" You remember back then (some of you are old enough), it was all Blue Bird. You had to have a Blue Bird Ice Cream Parlor. Here they were in training to go overseas, defend this country with their lives, and they couldn't walk down the street and buy and ice cream cone in Walterboro, South Carolina, in 1944.

Did you know when this flag went up in 1962, the same thing, almost identical, still existed? When the Speaker and I went on WIS not long ago, I was talking to the Speaker and said, "You know, Mr. Speaker, I love both sides of this. I respect McCONNELL and I respect all of them and I respect that Confederate flag. But, I'm telling you and stand here and say right now, if I had been born black, I'd have made Malcolm X look like Billy Graham." I would have. Because I was a fighter. I still am a fighter. But I am a human being.

My good friend right over here, Senator JACKSON, is a human being. But I have that letter in my pocket threatening to kill him. I will assure you that is not the only threat that's going. I've gotten some threats. We don't intend to do that. Whether we intend it or not, that's the climate we are creating. I have all the confidence in the world that this Senate is going to settle it honorably. We can't do it unless we put ourselves in someone else's body and feel the same way they felt.

The young black race, they hear that from their fathers and grandfathers. They tell them all the things that we should know and probably don't know and don't want to read about it. Somebody else did that. We didn't do it. There's not one sitting in these seats today, not one of you, knowing what you know now would have done some of the things they did in 1962. Not one of you would have voted for it. When you read why the flag went up in the House in 1938 and if you could read the words that were said, you wouldn't have voted for it. I know you wouldn't. Not one of us would.

But, we are not living in 1962 and we are not living in 1938. We are living in the year 2000. We are one people. They just announced in Fuji a great $300 million expansion in Greenwood. Mr. Onishi, the Chairman of the Board, and Mr. Watanabe both referred in their speech to their high-tech, well-skilled employees. They call them associates. I


Printed Page 674 . . . . . Tuesday, February 8, 2000

commended them. I said, "You know, we need to hear that. The world needs to hear that." That in South Carolina right now, we have the high-skilled employees that manufacture all that film and everything else and all over the world South Carolinians are being recognized. BMW does it. Hoffman LaRoche does it. South Carolinians are well skilled and the world is proud of them. We are all proud of them. But the controversy, what we are going through now (and we are both stubborn on both sides), we are both right, really, and we've got to settle it. Because the world out there is seeing another thing and we don't like that.

When I read this letter this morning, folks, it shook me up. That's why I'm here today. We can't wait too much longer. We have got to settle it properly. We'll only do it if we totally respect each other. Respect. We can't make people love each other. And, I'm telling you right now, Holly Drummond left these words with me, "Love your neighbor as yourself and all other things will fall in place."

As your PRESIDENT Pro Tempore, the greatest honor I've ever owned or I'll ever have (and I'll always be indebted to you), I love this body. This body has meant my whole life. I had very little formal education. I was educated on this Senate floor. I'm proud of it. I 'm proud of all of you. I wouldn't mind some of you reading this letter. It shocks you. Because there are other people that may be thinking the same thing. And, none of us want that. We want to settle this with honor, respect and love.

I plead with you, let's quiet everything down and let's do it the right way.

Thank you.

* * *

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

Expression of Personal Interest

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

Expression of Personal Interest

Senator PASSAILAIGUE rose for an Expression of Personal Interest.


Printed Page 675 . . . . . Tuesday, February 8, 2000

ACTING PRESIDENT PRESIDES

At 1:15 P.M., Senator LAND assumed the Chair.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator WASHINGTON rose for an Expression of Personal Interest.

Remarks by Senator WASHINGTON

Mr. PRESIDENT and members of this distinguished body.

You know it is a great tragedy for us to be even debating this issue today. Corinthians I, the 13th chapter, says, "If I speak in the tongue of men and of angels and have not love, I'm a noisy gong or tinkling cymbal." And sometimes we make a lot of noise about love. That isn't what the Good Master was all about.

I've heard a lot of folks talk about, 'I am not going to do this.' 'We aren't going to do that.' 'Somebody's spitting on somebody's grave.' Ladies and gentlemen, it's time out for that. It is time out for that. "I'm not going to go back to this." "I'm not going to go back to that." Where was this flag before 1962? Where was it? It certainly wasn't up on the dome. It certainly was respected, I suppose, by those folks who were concerned about heritage. Even if we got back to where it was in 1962, we wouldn't be discussing what we are talking about today.

I mean, it is not really fair to talk about where we are -- talking about folks who are against this or against that. Before 1962, the flag was where it was supposed to be. And, nobody can dispute that. It was there for a long period of time. Ever since the war was over. None of us was here in the General Assembly. I read where JOHN D. LONG had to say why the flag was placed in the Chambers. If that was the reason, ladies and gentlemen, it's the wrong reason. And, deep down in your heart, you know it's the wrong reason.

We have a responsibility to bring this State together. I know that there is respect, Senator from Charleston, for the Confederacy because you have Confederate monuments all around this place -- all around this place. So, there must be some respect from somebody. It's not just the flag. All over this State you have some symbols of the Confederacy.

And, yet, we will spend all of our time fighting each other, dividing each other, because we want to see a flag flying on top of the dome, or even at the monument.


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It's time out for that. It's time for us to come together. You know, years ago I came up in the little town called Maysville, South Carolina, Senator PATTERSON. It was a cotton-picking town. Anytime we saw the Ku Klux Klan with the flag, our parents would tell us, "you have to run and hide because something bad is going to happen to you." Well, we regret this was the case, but the same people now who are talking about the Ku Klux Klan and what they stand for, didn't say one word about it. Nobody stood up and said they were wrong or they were bad people. It was used in politics. That same crowd used that to get elected and to control this State. Now you say they are bad people. Nobody stood up then. And that's why people feel on the other side, the way they feel.

You can't reject that feeling because no one stood up. Everybody supported them. This was the thing. As our senior senator, Senator Thurmond from South Carolina, has said on many occasions, "It was the way things were." If that was the way things were, it is time to change.

We can spit out rhetoric all day long, but it's time for us to have sense and respect enough to say, "We need to get this behind us." It's time out for saying, "I ain't going to do this" and "I won't do that." Never say what you are going to do and what you won't do. I remember one leader of this General Assembly saying that nothing would happen as far as bringing children together in this State and blood would run down the streets of Charleston. It happened and blood never ran down the streets of Charleston.

It means that somebody must have the interest of the entire State and this Senate and this House at heart when we talk about solving problems. What did the Good Book say, Senator from Greenville? What did Jesus say? "Turn the other cheek." We preach that, but when it comes time to do it, we don't do it. Easily said.

Brothers and sisters, it has been a difficult time in this State and this nation. Years ago, it was us in North Carolina. North Carolina A&T, Johnson C. Smith University. It started at A&T and then Johnson C. Smith University leader, Charlie Jones, who started the sit-down or the sit-in demonstrations in that State. It started in North Carolina at the school. Ladies and gentlemen, I sat in on many of those lunch counter demonstrations. I was put in jail many times in North Carolina. I went to jail in the morning, got out at noon, and went back in the afternoon. Sitting at lunch counters trying to give a message to the nation and because somebody made a sacrifice, it made a difference. And we are


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all now able to sit together. Eat together. Legislate together. Because somebody was willing to take a stand.

I simply say, this is coming close to the second week -- it is the second week in February and the longer we sit around and do nothing, Senator SMITH, you are going to give the press more fuel for the fire. They are selling newspapers. We are giving them all the ammunition in the world to continue to write and to enflame the situation in South Carolina and every time they do it, it spreads all over this nation.

Everywhere I go to national meetings, we start talking about South Carolina -- even at NCSL, the first thing they ask you, "Oh, what are you all doing in South Carolina with that Confederate flag?" I am sick and tired of hearing that.

It's time for us to do something. Ladies and gentlemen, I wish we would.

God bless you.

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

MOTION ADOPTED

On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Robert "Bob" Luther Bell of Walhalla, S.C.

ADJOURNMENT

At 1:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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