TUESDAY, JANUARY 8, 2002
JOURNAL
of the
SENATE
of the
STATE OF SOUTH CAROLINA
______
Regular Session Beginning Tuesday, January 8, 2002
______
Tuesday, January 8, 2002
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The General Assembly of the State of South Carolina, begun and holden at Columbia on the second Tuesday in January, being the 8th day of the month.
Pursuant to the provisions of the Constitution, the members of the Senate assembled this day in the Senate Chamber at 12 o’clock Noon.
The Senate was called to order by the PRESIDENT, the Honorable Robert L. Peeler.
Proceedings were opened with prayer by the Chaplain, the Reverend George E. Meetze, of Columbia, S.C., as follows:
Beloved, for perspective as we begin a new session, hear words from Psalm 102:27ff:
“O God, You live forever and forever! ... In ages past You laid the foundations of the earth, and made the heavens with Your hands! They shall perish, but You go on forever. They will grow old like worn-out clothing and You will change them like a man putting on a new shirt and throwing away the old one!
Let us pray.
Our Father, our world has changed miserably since last we prayed in this Chamber! Our problems seem bigger... and more complicated!
We look to You for resources of mind, body and spirit... to be equal to the challenges of these days.
Bind us together! Yes, bind us together in the Spirit of the Man from Galilee who taught us to pray... together:
Our Father, Who art in heaven, hallowed be Thy Name, Thy Kingdom come, Thy will be done, on earth as it is in heaven. Give us this day our daily bread; and forgive us our trespasses, as we forgive those who trespass against us; and lead us not into temptation, but deliver us from evil. For Thine is the Kingdom, and the power, and the glory, forever and ever.”
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
COMMUNICATIONS RECEIVED
The Senate of South Carolina
P. O. Box 142
Columbia, SC 29202
August 6, 2001
The Honorable Glenn F. McConnell
President Pro Tempore
South Carolina Senate
101 Gressette Building
Columbia, South Carolina 29201
Dear Senator McConnell:
Pursuant to Section 8-1-145 of the South Carolina Code, please accept this letter as notice of my intent to resign, effective immediately, from the District 43 seat which I currently hold. By virtue of this code section as well as Section 7-13-190(B), the special election to elect my successor would be held on December 4, 2001, the eighteenth Tuesday after the vacancy occurs.
I would also like to advise you that from the date of my resignation forward, I will no longer participate in any Senate deliberations, including, but not limited to, reapportionment or receive any compensation from the Senate.
It has been an honor and a privilege serving with you and the other members of the Senate during the past thirteen years. While I look forward to new challenges, I will always regard my years in the Senate as some of the very best of my life.
With warm regards, I am
Very truly yours,
/s/ Ernest L. Passailaigue, Jr.
Motion Adopted
On motion of Senator McCONNELL, with unanimous consent, Senator PASSAILAIGUE was granted leave to address the Senate with brief remarks.
State of South Carolina
Office of the Secretary of State
1205 Pendleton Street, Suite 525
Columbia, SC 29201
December 13, 2001
Mr. Jeffrey S. Gossett
Clerk of the Senate
State House
Columbia, SC 29201
Dear Mr. Gossett:
The State Election Commission has certified to this office that the person listed on the attached sheet, received the greatest number of votes cast for Senator for Senate District #43 at a special election held in Berkeley and Charleston Counties on December 4, 2001.
The member is hereby certified as set forth in the attached commission as the duly and properly elected member of the Senate.
Sincerely,
/s/ Jim Miles
Secretary of State
The State of South Carolina
Election Commission
December 11, 2001
Honorable James M. Miles
Secretary of State
Post Office Box 11350
Columbia, S.C. 29211
Dear Mr. Secretary:
The State Election Commission, in its capacity as the State Board of Canvassers, hereby certifies that Mr. John Kuhn is declared the winner of Senate District #43 at a special election held in Berkeley and Charleston Counties on December 4, 2001.
Sincerely,
/s/ James F. Hendrix
Executive Director
Senator Sworn In
On motion of Senator McCONNELL, with unanimous consent, Senator KUHN presented himself at the Bar and the oath of office was administered.
Remarks by Senator KUHN
Thank you all. I, of course, will be very brief. It is just such an honor to be here and such an honor to be serving the great State of South Carolina.
I thought since I had one moment that I would make some remarks about the man who is probably the greatest orator in the history of any Senate and that is John C. Calhoun. For me to be on this floor where he stood is an honor - an honor that all of you have already realized and an honor that many will know after me. But, it is an honor for me.
I just thought I would read to you what one of Calhoun’s biographers said about him and it is something I think for this next session we can think about.
“Calhoun was a rarity in the political life of any State. He gave his allegiance to principle, not to party. He was a follower of inexorable logic, not as any man or shibboleth. He was fierce and unswerving in his devotion to duty.”
John C. Calhoun, as the biographer pointed out, was involved in conflict over issues that still have not been settled even to this day. We still have sectional problems, we still have racial problems, we still have minorities that suffer from Democratic rule of the majority and we still have conflicts between industry and agriculture. And, as you know, we still have many, many other conflicts. But this is what we are here to do - to solve these conflicts.
Our role, as I view it and why I ran for this office, is to advance the great State of South Carolina to the best of our abilities, each and every one of us. It is to work together as a team in the spirit of unity, to always better our great State, to recognize that the people of this State have asked us to serve them and them only. We are not here to serve ourselves, our own special interests, or any other special interests. We are being asked to serve the people of this State and to serve them wellto recognize that we are here to solve conflict and to move forward, to recognize that we are here first and foremost to continue to improve the great State of South Carolina.
It is an honor and a privilege for me to be here and to join this august body. Thank you so much. I appreciate it.
* * *
South Carolina State Senate
P. O. Box 142
Columbia, SC 29202
December 19, 2001
The Honorable Bob Peeler
President of the Senate
Post Office Box 142
Columbia, South Carolina 29202
Dear Mr. President:
It is with both sadness and joy that I hereby offer my resignation from the South Carolina Senate, District 23.
In 1984 the citizens of Lexington County bestowed upon me the honored title of Senator -- to them I will be eternally grateful. The South Carolina Senate forever will hold a special place in my life. The Senators with whom I have served are dedicated public servants and cherished friends. The camaraderie between colleagues in the Senate can never be replaced.
Throughout my tenure in the Senate, I have been blessed with friendships that extend beyond public service. The people I have come to know and love are now my extended family. Their counsel and wisdom will forever influence my public life.
Over the last sixteen years, I have dedicated my life to representing the conservative, hometown values of my friends and neighbors throughout South Carolina. These South Carolina values will be the bedrock of my service in the United States House of Representatives.
I am thankful for the opportunity to serve in the South Carolina Senate. I wish you all the best and look forward to working with you as I represent the citizens of South Carolina on Capitol Hill.
Very truly yours,
/s/ Joe Wilson
cc: The Honorable Glenn F. McConnell, President Pro Tempore
The Honorable Jeffrey S. Gossett, Clerk of the Senate
Motion Adopted
On motion of Senator McCONNELL, with unanimous consent, Senator WILSON was granted leave to address the Senate with brief remarks.
Pursuant to Rule 4B, Senator McConnell moved that the Senate proceed to seating selections.
SEATING SELECTIONS
The Reading Clerk called the seniority roll for the purpose of seating selections as follows:
Seat 1 Senator McConnell
Seat 2 Senator J. Verne Smith
Seat 3 Senator Leatherman
Seat 4 Senator Giese
Seat 5 Senator Gregory
Seat 6 Senator Courson
Seat 7 Senator Peeler
Seat 8 Senator Thomas
Seat 9 Senator Hayes
Seat 10 Senator Ryberg
Seat 11 Senator Richardson
Seat 12 Senator Bauer
Seat 13 Senator Martin
Seat 14 Senator Fair
Seat 15 Senator Grooms
Seat 16 Senator Branton
Seat 17 Senator Mescher
Seat 18 Senator Verdin
Seat 19 Senator Alexander
Seat 20 Senator Waldrep
Seat 21 Senator Ravenel
Seat 22 Senator Hawkins
Seat 23 Senator Ritchie
Seat 24 Senator Saleeby
Seat 25 Senator Holland
Seat 26 Senator Drummond
Seat 27 Senator Land
Seat 28 Senator Leventis
Seat 29 Senator Moore
Seat 30 Senator Setzler
Seat 31 Senator Patterson
Seat 32 Senator Matthews
Seat 33 Senator McGill
Seat 34 Senator O’Dell
Seat 35 Senator Rankin
Seat 36 Senator Reese
Seat 37 Senator Elliott
Seat 38 Senator Hutto
Seat 39 Senator Short
Seat 40 Senator Kuhn
Seat 41 (vacant)
Seat 42 Senator Pinckney
Seat 43 Senator Jackson
Seat 44 Senator Anderson
Seat 45 Senator Glover
Seat 46 Senator Ford
SELECTION OF COMMITTEES
STANDING COMMITTEES OF THE SENATE
AGRICULTURE AND NATURAL RESOURCES
Waldrep, Robert L., Jr., Chairman
Leventis, Phil
Peeler, Harvey S., Jr.
Matthews, John W., Jr.
McGill, J. Yancey
Glover, Maggie W.
Reese, Glenn G.
Hutto, C. Bradley
Ravenel, Arthur
Grooms, Larry R.
Bauer, André
Elliott, Dick
Gregory, Greg
Verdin, Danny
Leatherman, Hugh K.
Pinckney, Clementa C.
Kuhn, John R.
BANKING AND INSURANCE
Thomas, David L., Chairman
Saleeby, Edward E.
Leatherman, Hugh K.
McConnell, Glenn F.
Setzler, Nikki
Courson, John E.
Matthews, John W., Jr.
Patterson, Kay
Reese, Glenn G.
Hayes, Robert W., Jr.
Jackson, Darrell
Martin, Larry A.
Rankin, Luke
Alexander, Thomas C.
Richardson, Scott H.
Ford, Robert
Ritchie, James H., Jr.
CORRECTIONS AND PENOLOGY
Fair, Michael L., Chairman
Thomas, David L.
Giese, Warren K.
Patterson, Kay
Ford, Robert
Glover, Maggie W.
Gregory, Greg
Ryberg, Greg
Anderson, Ralph
Martin, Larry A.
Holland, Donald H.
Saleeby, Edward E.
Short, Linda H.
Branton, William S., Jr.
Hawkins, John D.
Pinckney, Clementa C.
Bauer, André
EDUCATION
Giese, Warren K., Chairman
Setzler, Nikki
Matthews, John W., Jr.
Courson, John E.
Hayes, Robert W., Jr.
Glover, Maggie W.
Mescher, William C.
Rankin, Luke A.
Short, Linda H.
Waldrep, Robert L., Jr.
Anderson, Ralph
O’Dell, William H.
Patterson, Kay
Gregory, Greg
Fair, Michael L.
Peeler, Harvey S.
Grooms, Larry
ETHICS
Hayes, Robert, Chairman
Leatherman, Hugh K., Sr.
McConnell, Glenn F.
Courson, John E.
Giese, Warren K.
Leventis, Phil P.
Matthews, John
Land, John C. III
Moore, Thomas L.
Reese, Glenn G.
FINANCE
Leatherman, Hugh K., Chairman
Drummond, John
Smith, J. Verne
Land, John C. III
Setzler, Nikki
Leventis, Phil
Peeler, Harvey S., Jr.
Giese, Warren K.
Thomas, David L.
Patterson, Kay
McGill, J. Yancey
Courson, John E.
Matthews, John W., Jr.
O'Dell, William H.
Reese, Glenn G.
Hayes, Robert W., Jr.
Ryberg, Greg
Short, Linda H.
Alexander, Thomas C.
Ravenel, Arthur
Branton, William S.
Grooms, Larry R.
Pinckney, Clementa C.
FISH, GAME AND FORESTRY
Gregory, Greg, Chairman
Drummond, John
Holland, Donald H.
Land, John C. III
Peeler, Harvey S., Jr.
McGill, J. Yancey
Elliott, Dick
Waldrep, Robert L., Jr.
Moore, Thomas L.
Hutto, C. Bradley
Ravenel, Arthur
Branton, William S., Jr.
Grooms, Larry R.
Mescher, William
Verdin, Danny
Saleeby, Edward E.
Kuhn, John R.
GENERAL COMMITTEE
Mescher, William, Chairman
Holland, Donald H.
Thomas, David L.
O'Dell, William H.
Martin, Larry A.
Alexander, Thomas C.
Ryberg, Greg
Richardson, Scott H.
Patterson, Kay
McGill, J. Yancey
Hayes, Robert W., Jr.
Elliott, Dick
Hawkins, John D.
Drummond, John
Land, John C. III
Kuhn, John R.
(1 vacancy)
INTERSTATE COOPERATION
Smith, J. Verne, Chairman
Drummond, John
Leatherman, Hugh K.
Holland, Donald H.
McConnell, Glenn F.
INVITATIONS
Courson, John E., Chairman
Matthews, John W., Jr.
Patterson, Kay
O'Dell, William H.
McGill, J. Yancey
Waldrep, Robert
Alexander, Thomas C.
Bauer, André
Peeler, Harvey S.
Elliott, Dick
Kuhn, John R.
JUDICIARY
McConnell, Glenn F., Chairman
Holland, Donald H.
Saleeby, Edward E.
Moore, Thomas L.
Ford, Robert
Glover, Maggie W.
Gregory, Greg
Jackson, Darrell
Martin, Larry A.
Mescher, William
Rankin, Luke
Elliott, Dick
Waldrep, Robert
Fair, Michael L.
Hutto, C. Bradley
Anderson, Ralph
Bauer, André
Richardson, Scott H.
Hawkins, John D.
Ritchie, James H., Jr.
Verdin, Danny
Kuhn, John R.
(1 vacancy)
LABOR, COMMERCE AND INDUSTRY
Smith, J. Verne, Chairman
Drummond, John
Saleeby, Edward E.
Setzler, Nikki
Leventis, Phil
McConnell, Glenn F.
Moore, Thomas L.
O'Dell, William H.
Reese, Glenn G.