Senate Journal for Aug. 22, 2001 - South Carolina Legislature Online

WEDNESDAY, AUGUST 22, 2001

Wednesday, August 22, 2001

(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 Pro Tempore.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, St. Paul was a man with a mission, and it was his attitude that carried him through! Listen to his words (II Cor. 4:18):

“So we do not look at what we can see right now, these troubles all around us, but we look forward...”

Let us pray.

O God of ancient days and our day: we remember the verdicts of history that where there is no vision, the people perish.

We come to You before we negotiate with each other!

Inspire us, O Lord, with zest and zeal for the progressive fashioning of the South Carolina of our dreams.

We know that “Rome was not built in a day,” so give us patience. But help us to move forward guided by The Spirit of which Carl Daw wrote some time back:

“Like the murmur of the dove’s song,

Like the challenge of her flight,

Like the vigor of the wind’s rush,

Like the new flame’s eager might!

So, Come Holy Spirit, Come!”

Amen.

RECESS

At 12:05 P.M., on motion of Senator MARTIN, the Senate receded from business not to exceed five minutes.

At 12:17 P.M., the Senate resumed.

PRESIDENT PRESIDES

At 12:17 P.M., the PRESIDENT assumed the Chair.

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Statewide Appointment

Initial Appointment, South Carolina Board of Probation, Parole & Pardon Services, with term to commence March 15, 1999, and to expire March 15, 2003

3rd Congressional District:

Anne P. Elliott, 132 Surrey Circle, Aiken, S.C. 29801 VICE John F. Elliott

Referred to the Committee on Corrections and Penology.

Initial Appointment, South Carolina State Ethics Commission, with term to commence June 30, 2001, and to expire June 30, 2006

At-Large:

Kenneth Charles Krawcheck, Esq., Nine State Street, Charleston, S.C. 29401 VICE Richard Vance Davis

Referred to the Committee on Judiciary.

Leave of Absence

At 3:00 P.M., Senator LEVENTIS requested a leave of absence from 5:00 - 9:00 P.M.

Leave of Absence

At 3:00 P.M., Senator LEVENTIS requested a leave of absence for Friday, August 24, 2001, from 6:00 A.M. until Noon.

RECALLED, AMENDED, READ THE SECOND TIME

S.773 -- Senator Leventis: A BILL TO AMEND SECTION 77501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED.

Senator LEVENTIS asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the Committee on Judiciary.

Senator LEVENTIS asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator LEVENTIS proposed the following amendment (PT\1619DW01), which was adopted:

Amend the bill, as and if amended, Section 77501(A) as contained in SECTION 1, page 2, line 42, by striking /Taylors/ and inserting / Taylors /

Amend title to conform.

Senator LEVENTIS explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S.773--Ordered to a Third Reading

On motion of Senator LEVENTIS, with unanimous consent, S.773 was ordered to receive a third reading on the next legislative day.

Message from the House

Columbia, S.C., June 28, 2001

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H.3599 -- Reps. Rodgers and Gilham: A BILL TO AMEND SECTION 50515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF “PEELER TRAPS”.

asks for a Committee of Conference, and has appointed Reps. Ott, Davenport and Scarborough to the committee on the part of the House.

Very respectfully,

Speaker of the House

Received as information.

H.3599--CONFERENCE COMMITTEE APPOINTED

Whereupon, Senators RANKIN, RAVENEL and GREGORY were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

H.3599--REPORT OF THE

COMMITTEE OF CONFERENCE ADOPTED

On motion of Senator RANKIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator RANKIN spoke on the report.

On motion of Senator RANKIN, the Report of the Committee of Conference to H. 3599 was adopted as follows:

H. 3599--Conference Report

The General Assembly, Columbia, S.C., June 28, 2001

The COMMITTEE OF CONFERENCE, to whom was referred:

H.3599 Reps. Rodgers and Gilham: A BILL TO AMEND SECTION 50515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF “PEELER TRAPS”.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION1.Section 50515(37) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

“(37)‘Peeler trap’ means a trap constructed of one inch or smaller hexagonal wire which is:

(a)unbaited; or

(b)baited with only one live male crabs.crab and may have one single piece of fish having no dimension greater than three inches.”

SECTION2.Section 5051705(D) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

“(D)It is unlawful for a person to take or have in possession more than fivetwo red drum in any one day.”

SECTION3.Section 5051710(3) of the 1976 Code, as added by Act 245 of 2000, is amended to read:

“(3)red drum (Sciaenops ocellatus) (channel bass or spottail bass) of less than fourteenfifteen inches in total length, or more than twentyseventwentyfour inches in total length; or”

SECTION4.This act takes effect upon approval by the Governor. /

Amend title to read.

/ TO AMEND SECTION 50515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF “PEELER TRAPS”; TO AMEND SECTION 5051705, RELATING TO RED DRUM CATCH LIMITS, SO AS TO CHANGE THE RED DRUM CATCH LIMIT FROM FIVE TO TWO RED DRUM PER DAY; AND TO AMEND SECTION 5051710, RELATING TO RED DRUM SIZE LIMITS, SO AS TO CHANGE THE RED DRUM SIZE LIMITS FROM NOT LESS THAN FOURTEEN INCHES OR MORE THAN TWENTYSEVEN INCHES TO NOT LESS THAN FIFTEEN INCHES OR MORE THAN TWENTYFOUR INCHES. /

/s/Sen. Chauncey K. Gregory/s/Rep. Guy Ralph Davenport

/s/Arthur Ravenel, Jr./s/Rep. Harry Legare Ott

/s/Sen. Luke A. Rankin, Sr. /s/Rep. Wallace Berry Scarborough

On Part of the Senate.On Part of the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S.780 -- Senator Peeler: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF THE HONORABLE EDWARD S. BURGESS, CITY OF GAFFNEY COUNCILMAN, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND FRIENDS.

l:\council\bills\bbm\10524cm01.doc

The Senate Resolution was adopted.

S.781 -- Senator Jackson: A SENATE RESOLUTION TO CONGRATULATE MRS. ERNESTINE JORDAN STEWART, A NATIVE OF CHARLOTTE, NORTH CAROLINA, NOW RESIDING IN COLUMBIA, ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY ON AUGUST 27, 2001.

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The Senate Resolution was adopted.

S.782 -- Senator Fair: A BILL TO AMEND SECTIONS 112730, 112740, AND 112750, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF ARTICLE X OF THE SOUTH CAROLINA CONSTITUTION ON BONDS OF THE STATE, POLITICAL SUBDIVISIONS OF THE STATE, AND SCHOOL DISTRICTS, RESPECTIVELY, SO AS TO DEEM A COMPLETE OR PARTIAL SUCCESSORININTEREST TO, OR OTHER TRANSFEREE OF, OR OTHER ASSOCIATE OF THE STATE, A POLITICAL SUBDIVISION, OR A SCHOOL DISTRICT TO BE THE STATE, POLITICAL SUBDIVISION, OR SCHOOL DISTRICT FOR BONDING PURPOSES WHEN THE SUCCESSOR, TRANSFEREE, OR ASSOCIATE UNDERTAKES ALL OR A PORTION OF THE OPERATION OR ASSUMES ALL OR A PORTION OF A DUTY OF THE STATE, POLITICAL SUBDIVISION, OR SCHOOL DISTRICT.

l:\council\bills\dka\4569mm01.doc

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

S.783 -- Senators Grooms, Matthews and Pinckney: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT TO SET BY MAJORITY VOTE A SALARY THAT EACH MEMBER OF THE BOARD SHALL RECEIVE FOR ATTENDING MEETINGS OF THE BOARD, AND TO PROVIDE FOR THE MANNER IN WHICH THESE AMOUNTS SHALL BE PAID AND FOR LIMITATIONS THEREON.

l:\council\bills\skb\18665som01.doc

Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 783--Ordered to a Second and Third Reading

On motion of Senator GROOMS, with unanimous consent, S.783 was ordered to receive a second and third reading on the next two consecutive legislative days.

H.4315 -- Reps. Law, Merrill, Hinson, Dantzler and Gourdine: A BILL TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO MEMBERSHIP OF THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE FOR THE ELECTION OF AN ATLARGE MEMBER IN NONPARTISAN ELECTIONS BEGINNING WITH THE GENERAL ELECTION IN 2002 AND EVERY FOUR YEARS THEREAFTER AND TO FURTHER PROVIDE THAT THE ATLARGE MEMBER SHALL SERVE AS CHAIRMAN OF THE BOARD.

Read the first time and referred to the Berkley County Legislative Delegation.

ADOPTED

S.777 -- Senators Wilson, Courson, Bauer, Ryberg, Setzler, Alexander, Anderson, Branton, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Saleeby, Short, J.VerneSmith, Thomas, Verdin and Waldrep: A SENATE RESOLUTION TO AUTHORIZE THE COMMISSIONING OF A PORTRAIT TO BE PLACED IN THE SENATE CHAMBER OF REPRESENTATIVE FLOYD D.SPENCE, LONGTIME AND BELOVED CONGRESSMAN FROM THE SECOND CONGRESSIONAL DISTRICT OF SOUTH CAROLINA.

The Senate proceeded to a consideration of the Senate Resolution, the question being the adoption of the Resolution.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 0

AYES

AlexanderAndersonBauer

BrantonCoursonDrummond

ElliottFairFord

GieseGloverGregory

GroomsHawkinsHayes

HollandHuttoJackson

LandLeathermanLeventis

MartinMatthewsMcConnell

McGillMescherMoore

O'DellPattersonPeeler

PinckneyRankinRavenel

ReeseRichardsonRitchie

RybergSaleebySetzler

ShortSmith, J. VerneThomas

VerdinWaldrepWilson

Total--45

NAYS

Total--0

The Senate Resolution was adopted.

THE SENATE PROCEEDED TO A CONSIDERATION OF

H. 3003--THE REAPPORTIONMENT BILL

AMENDED, READ THE THIRD TIME

RETURNED TO THE HOUSE WITH AMENDMENTS

H.3003 -- Reps. Wilkins, W.D.Smith, J.Brown, Harrison, Harrell, Cato, Townsend, Sharpe, Wilder, Altman, Walker, Simrill, Campsen, J.Young, Sandifer, A.Young, Stille, Clyburn and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2135 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE 2002 GENERAL ELECTION, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE HOUSE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT, AND TO REPEAL SECTION 2125, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator McCONNELL spoke on the Bill.

Remarks by Senator McCONNELL

I would ask unanimous consent to have this Memorandum distributed to the members. It deals with the availability of maps for amendments under consideration and how to access them on your computer.

Next, ladies and gentlemen of the Senate, I want to give you a brief update today on the progress of redistricting in the Senate.

We are about to begin an important debate about a process that has its roots, of course, in our Constitution. We all are present in this Chamber today as a result of election decisions made by citizens back in our home districts. We are now charged with making important decisions about the boundaries of the districts that will elect future members of this body and the U. S. Congress and, of course, the House of Representatives across the way.

This is a difficult process that is demanding on a personal, as well as a political, level. However, we must not be distracted from the task before us. I am appealing to the Senate to have the will to come together as a body and to adopt districts that will provide fair representation to our voters in the coming decade.

As you know, I have attempted to reach out to every Senator in this Chamber by working to help create redistricting plans that focused on constitutional principles and traditional redistricting guidelines instead of partisan interests.

We have followed fair and lawful criteria in creating the voting districts that our citizens will use to elect candidates to Congress and the Senate. I am satisfied that the Judiciary Committee and the redistricting subcommittee have considered and adopted guidelines that bring honor to this process and to the Senate.

I want to report to the Senate about the work and efforts that have taken place over the past six months that bring us to this special session this morning.

The redistricting subcommittee worked hard to create an open process that would encourage citizen involvement and input, and we were successful.

Before deciding on the criteria for its redistricting efforts, the subcommittee traveled around the State to listen and focus on matters of interest to our citizens. The subcommittee held six public hearings in different parts of the State and gathered extensive citizen input before deciding on the criteria that would guide us through this process.

Before the first map was drawn, the subcommittee learned about communities of interest and other issues of concern to our citizens. We examined the new census data and the statutory and other requirements that apply to the creation of voting districts. We invited and received valuable public input and submissions to help guide us before I allowed the staff to attempt to draw the first district. And, I think that’s an important thing that needs to be noted. We didn’t even cut on the computers. And, I think that is a very important step in this process.

Our staff solicited comments and information from each Senator regarding the proposed districts and received responses from almost every member of the body. I want to thank the members of the subcommittee and the members of this body for their hard work in gathering this information and, in particular, to our staff. This staff has worked hours, countless hours, to make this reapportionment happen, to get your amendments, to verify them -- and, I’m going to tell you, they have proved that that is just the finest staff that you could have for a Judiciary Committee and it’s one that we really, regardless of how you might feel about the plan or whatever -- I don’t think you could ask for people that are willing to give more than this staff has been willing to give.

After conducting this thorough preparation, the subcommittee solicited and considered a number of actual redistricting plans proposed by the staff, public, the political caucuses, and various advocacy groups. Ultimately, the subcommittee decided on a sound plan which adheres to traditional redistricting criteria and complies with both the requirements of the Constitution and the Voting Rights Act.

I believe that the plan adopted yesterday, or I should say last week, by the Judiciary Committee demonstrates that members’ concerns were taken into account in the drafting process wherever possible. However, as each of you know, it is impossible to draft any plan that can fully satisfy each and every Senator.

And candidly, there has been too much partisan rancor in this already difficult process. I have heard far too much talk of threats and efforts to intimidate Senators from outside of this Chamber. And, I urge you to please disregard that and participate in the process as Senators. It would have been ideal if the staff recommendation, if there were some minor twixing that needed to be done, could be done. But, frankly, I would have thought that this Senate would have been about 95% behind the staff recommendation. Unfortunately, that was not the case. I can tell you from personal experience that they did the best they could do. It wasn’t a Republican plan. It wasn’t a Democrat plan. It was a South Carolina plan. And, unfortunately, I think some politics has gotten in the way.

So, let us proceed thoughtfully and carefully over the next few days, or the next few hours or whatever -- I don’t want to encourage anybody to be long-winded -- observing the courtesy that keeps this body together. We need to talk. We need to debate, but we don’t need to yell at one another or get personal. I hope we can disagree but still work together as members of this body. I know that different people will want to get different comments into the record apart from the prepared comments except to tell you, ladies and gentlemen of the Senate, that the most disappointing part of this for me has been -- and I say this to both Republicans and Democrats -- that I instructed this staff to go out and develop the criteria. Early on, I made it clear to them I did not want a maximization plan for the Republicans -- that, instead, we would run it on the basis of traditional criteria. And, I’m not going to call anybody’s name except to say I know that politics now has gotten in the way.