TUESDAY, JANUARY 13, 2015
Tuesday, January 13, 2015
(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:
The Psalmist writes:
“My soul finds rest in God alone; my salvation comes from him…
Find rest, O my soul, in God alone; my hope comes from him.”
(Psalm 62:1,5)
Good friends, let us pray:
Glorious and Everloving God, here on this initial day of the first session of the 121st South Carolina General Assembly, we gather with hope-filled hearts. We do recognize, O Lord, that our greatest hope is always rooted in Your love. So do we pray hopefully for this Senate today, and for this State we love, and for all of the people of South Carolina. Bless, dear God, all who serve You here: each Senator and every staff member. May these dedicated individuals feel Your holy presence in this place and find themselves strengthened for the tasks ahead. In addition, dear God, we offer our sympathy and our heartfelt prayers to Senator GLENN REESE and his family in the recent death of the Senator’s brother, Dr. James W. Reese. All this, O Lord, we pray in Your loving name. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
COMMUNICATIONS RECEIVED
Office of the Secretary of State
1205 Pendleton Street, Suite 525
Columbia, SC 29201
November 12, 2014
South Carolina Senate
Office of the Clerk
Jeffrey S. Gossett, Clerk
P.O. Box 142
Columbia, SC 29202
Dear Mr. Gossett:
Please find enclosed a copy of the election results for the Honorable Ronnie Sabb, State Senate District 32 in the Special Election heldNovember 4, 2014, as certified to this office by the State Election Commission.
If I can be of further assistance to you, please do not hesitate to contact me at (803) 734-2512.
With warm regards, I am
Sincerely,
/s/ Mark Hammond
Secretary of State
South Carolina Election Commission
1205 Pendleton Street
Columbia, SC 29201
November 12, 2014
Honorable Mark Hammond
Secretary of State
1205 Pendleton Street, Suite 525
Columbia, SC 29201
Dear Mr. Secretary:
The State Election Commission, in its capacity as the State Board of Canvassers, hereby certifies the winners of the State Senate and State House of Representatives in the General Election held onNovember 4, 2014, as reflected in the enclosed winner’s report.
Sincerely,
/s/ Marci Andino
Executive Director
SENATE MEMBER
2014 Election Results
District 32 Hon. Ronnie Sabb
PRIVILEGE OF THE FLOOR
On motion of Senator BRYANT, with unanimous consent, in accordance with the provisions of Rule 35, the Privilege of the Floor was extended to the family of Senator SABB.
Administration of Oath of Office
Senator Sworn In
Senator SABB presented himself at the Bar and the Oath of Office was administered to him by the PRESIDENT.
Motion Adopted
On motion of Senator LEATHERMAN, with unanimous consent, Senator SABB was introduced and granted leave to address the Senate with brief remarks.
Remarks by Senator SABB
Mr. PRESIDENT:
First I would like to give honor to God who is the head of my life. I count it a privilege and an honor to be given the opportunity to be a part of progressively improving South Carolina. Fifty-six years ago a baby boy was born at the hands of a midwife, grew up in a home where we had a skylight in our house before skylights became popular and could tell whether chickens were underneath our house, not because they cackled, but because we could see them through the cracks between the floor boards. Our journey has truly been a trip from the outhouse to the State House.
We honor the memory of my mother Annie Ree Sabb Gamble and my father John Earl Gamble along with my grandmother Mary Jackson and other family members who have gone on. We especially honor the memory of my wife, Dr. Veretta J. Sabb whose love, support, and encouragement was a part of shaping the man that I am today and whose child, Whitney Annistavia Sabb, and grandchild, Jordan Alan Sabb, serve as an inspiration to my life.
We pay honor to my family, some who have traveled near and far not only to share in this moment, but in shaping my life; my special friends, guests, and the citizens of District 32, I say thank you.
To you all, my fellow Senators of the great State of South Carolina--- One of my favorite songs to begin church with is “We Have Come Into This House to Worship Him.” Let me say we have come into this house to be a part of offering quality educational opportunities for every child, accessing quality healthcare to all South Carolinians and repairing our roads and bridges so our roads remain highways and not die ways. The choice is ours.
As we forget about ourselves and focus on the difficult, compelling issues confronting us and our fellow South Carolinians, I believe that together we can rise above our valleys, together we can exceed our individual reach, and together we can visualize beyond our dreams. Together we can!
May God bless this honorable Senate, the State of South Carolina and District 32.
On motion of Senator KIMPSON, with unanimous consent, the remarks of Senator SABB were ordered printed in the Journal.
Election of the PRESIDENT PRO TEMPORE
The PRESIDENT announced that nominations for the PRESIDENT Pro Tempore were in order.
Senator RANKIN nominated Senator LEATHERMAN as PRESIDENT Pro Tempore.
Senator SETZLER spoke on the nomination.
Senator RANKIN spoke on the nomination.
Senators PEELER and CAMPBELL moved that the nominations be closed and that Senator LEATHERMAN be elected PRESIDENT Pro Tempore by acclamation.
The PRESIDENT announced that Senator LEATHERMAN had been elected PRESIDENT Pro Tempore by acclamation.
Remarks by Senator SETZLER
Mr. PRESIDENT and lady and gentlemen of the Senate, I rise to second the nomination of Senator LEATHERMAN as the PRESIDENT Pro Tempore of the Senate. Senator LEATHERMAN asked me to second hisnomination, and I am proud to do so, as I have had the pleasure of serving with him for 35 years since 1980. There is no question that the foundation of his life is his faith and his family including wife, Jean, and children who are here.
He has served in this body as Chairman of the Senate Finance Committee for some 15 years. Those of us that have been privileged to serve with him know his incredible knowledge of state government and state financing. Sometimes I think we are in awe of the actual amountof details he knows about the inner workings of financing and funding of state government. Through cooperative effort with the members of the Senate, he sets the funding priorities for the State of South Carolina while remaining mindful of all the needs of each particular district. He also knows the Rules of the South Carolina Senate and works with each of us through them.
Senator LEATHERMAN is fair. He is respected by the members of this body and is open to suggestions. He does not always agree with our suggestions, but he will sit down and listen to you. Senator LEATHERMAN is tough. If you have ever been on the other side of him on an issue, and you say, “Senator LEATHERMAN, I am not real sure you are right on this issue.” You get this “whatever.” When you get “whatever,” you are outvoted.
The thing that separates Senator LEATHERMAN from many is his bipartisanship. He understands that to move South Carolina forward, you have to work in a bipartisan effort. He is committed unequivocally to economic development in South Carolina. Whether it is Amazon, Boeing, BMW, or some other development, he understands the importance. Another thing that separates Senator LEATHERMAN is the fact that he understands the difference in campaigns and governing. That is a tremendous trait he possesses, because when we leave the campaign trail, it is about governing.
I second your nomination because you will do a great job as a President Pro Tempore. As I have expressed to you privately, I think you are in a unique place in history. The challenges that you accept this morning are huge responsibilities, and you probably do not yet realize the magnitude. You were here in 2000, and you led the change in this Senate. Now, 15 years later, the Senate is a different governmental body. It operates differently, and there is a yearning for the return of decorum in the South Carolina Senate to bring respect and dignity for each other, not only individually, but also for our individual positions whether we agree with them or not.
Senator LEATHERMAN, when you accept this responsibility you will write your legacy as a member this body. I do not believe your legacy is in your service as Chairman of the Senate Finance Committee. Just like Senator COURSON, you will accept this responsibility and write your legacy as President Pro Tempore.
I would like to use Boeing, for which you were so involved in bringing to South Carolina, as an analogy. There is a Boeing 787 Dreamliner sitting on the tarmac in Charleston. That Dreamliner does not have South Carolina Republicans on one side and South Carolina Democrats on the other side. It has the State of South Carolina on it. We are 46 strong, we represent the State of South Carolina, and we are prepared to walk that tarmac today and board that plane with you. You will be our pilot, and that is an awesome responsibility to accept. You will have copilots in Senator PEELER, Senator COURSON and myself who will give you advice. But when the plane takes off, the pilot is the head of the crew. You will decide whether we only fly just above the trees or whether we go into the clouds and take South Carolina to a new day. I know you are up to that challenge, but I do not think it is something that you can take lightly.
I will leave with one thought as I conclude your second, and it is in the words of John F. Kennedy, “Let us not seek the Republican answer or the Democratic answer, but the right answer. Let us not seek to fix the blame for the past. Let us accept our own responsibility for the future.” The future is in our hands, as members of the South Carolina Senate, and you are our leader. I am proud to second your nomination.
On motion of Senator SHANE MARTIN, with unanimous consent, the remarks of Senator SETZLER were ordered printed in the Journal.
Remarks by Senator RANKIN
Thank you Mr. PRESIDENT, and I will be very brief because it seems that it was just about three or four weeks ago, not literally, but so recently that we were here doing this last session.
I want to give somewhat of a younger view, perhaps, though growing in grayness as I am, having been elected in 1992, and have worked with Senator LEATHERMAN since then, it is a true honor that we have before us, a person of such stature, though not in physical height, but mental might, that Senator LEATHERMAN presents to us.
A fellow who is without a doubt disciplined beyond many, if not any of us in this walk that he takes so seriously. Disciplined to be fair, and as Senator SETZLER said, being open to each of us and our ideas.
Now his critics, of which there might be, well, none, will say about him that not only is he disciplined, he is dogged in his determination to see what he thinks is the right way forward.
He is an engineer by trade and by education, and in talking with those who know him well, and see him in a day-to-day operation, they say that’s the education and the context he applies to what he does here.
Everything that we are doing is a project, a challenge that can either be built correctly or incorrectly. Whether it be Boeing, as we talked about before -- whether it be this State and it’s AAA credit rating that we have enjoyed or whether it be the day-in and day-out operations of this State government, he’s got it.
Now, do you always like what his view is? Not necessarily, but when you get the arm over the shoulder, and the lean in, and almost as Senator SETZLER said, the hands up-- the lean in means it’s a closed, cinched deal. Either you are toast, or your counterpart is considered but rejected -- fairly, openly, but decisively.
So, it is truly an honor to see a fellow, a person who has reached his age in life to be as sharp and with it, beyond a fifty-two year old’s ability, beyond many of us in here, collectively to have the grasp and knowledge of State government.
So where do we go from here -- a beautiful picture of hereafter, in terms of where we as a State go, and how this Senate operates going forward. A fellow who recognizes the challenges: roads, how do we build roads and infrastructure that is so poorly behind -- now equality funding for education, healthcare, on and on you could go. A guy who knows where we need to be and will hopefully get us there sooner than later.
On motion of Senator KIMPSON, with unanimous consent, the remarks of Senator RANKIN were ordered printed in the Journal.
Administration of Oath of Office PRESIDENTPro Tempore
Senator LEATHERMAN presented himself at the Bar and the Oath of Office was administered by Chief Justice Jean Toal.
Remarks by Senator LEATHERMAN
Mr. PRESIDENT, my fellow Senators, thank you! Thank you for the trust that you have placed in me as your PRESIDENT Pro Tempore. I am deeply humbled and highly honored that this body that I love is allowing me to serve.
I thank my God, who has placed this leadership mantra upon me and upon all of us who serve. He is gracious with his love and I know he wants us all to be successful in leading our people to a brighter future.
I thank my wife, Jean, and my family. They have supported me in the Senate since I was first elected in 1980. They have stood by my side through all of the campaigns, the late nights, the debates and the good times as well as the bad. When I was first elected, Jean and I would come to Columbia together each week. The girls, Amy and Sarah, spent much of their childhood here. There is a picture of the entire Senate in my office and in it you can see Jean and the girls sitting on the back row, behind the rail. Jean and all my children, I thank you and love you all very much.
Senators SETZLER and PEELER, when we were first elected to the Senate, we were in awe of this institution. We marveled at the grandness of this Chamber. We listened and watched as the giants of that day spoke and debated on the issues. We respected the leadership because we respected the institution of the Senate. Senator GRESSETTE was the PRESIDENT Pro Tempore and he along with Senator DENNIS and others showed us how “the greatest legislative body in the world” is to work. Now I don’t pretend to be a Senator GRESSETTE, Senator DENNIS, Senator WILLIAMS, or a Senator DRUMMOND. But I do wish that we together will emulate many of the traits that they exhibited for the good of the Senate and of South Carolina. None of us could ever attain the stature of Senator GRESSETTE nor any of our previous leaders. But, I claim to be a disciple of the principles he stood for -- decorum as we deliberate the issues, respect for the institution of the Senate and for each other and integrity because our word is our bond.
Respect for each other and the protection of every Senator’s rights should be first and foremost in our daily work. Respect and obeying the rules and precedents of the Senate should always guide our deliberations, both in this Chamber and in committee.
We all know that we will have differences on legislation and policy for our State. We all know that we will have protracted debates and long days. As the session unfolds, there will be those times that we will need to work late. I don’t like it, but Senators, we only have a short amount of time to tend to the people’s business. If we get bogged down on an issue, we are going to need to remain in session, reach a compromise and move on. That’s how the Senate works, and we need to adopt that work ethic.
There are numerous references in the Senate Rules to the PRESIDENT Pro Tempore. But, two specific rules offer insight into the role of the PRESIDENT Pro Tempore. The first is Rule 33A dealing with the Motion Period and Special Orders. A portion of that rule states:
“At any time, the PRESIDENT Pro Tempore, after consultation with the Majority Leader and Minority Leader, may make any motion pertaining to the business of the Senate and such motion shall be adopted upon approval of three-fourths (3/4) of the membership of the Senate.”
While the rule offers a privilege to the PRESIDENT Pro Tempore to make a motion at any time, the rule also requires that the PRESIDENT Pro Tempore consult with the Majority Leader and the Minority Leader. This rule requires collaboration and contemplates consensus and compromise, true trademarks of an effective Senate.
The second rule of note is Rule 52 which prohibits personal attacks on Senators. Seldom has a member of the Senate ever raised a point of order related to Rule 52 to the Senate’s presiding officer. I will not be afraid to do so if one member imputes any conduct or motive unworthy or unbecoming a Senator. I have no problem with sharp debate on the issues; but, attacks on character or motive ill serve the aspirations of the South Carolina State Senate.