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.