STATE OF SOUTH CAROLINA
Extra Session Beginning Monday, December 9, 2002
Monday, December 9, 2002
The extra session of the General Assembly of the State of South Carolina, begun and holden at Columbia on the second Monday in December, 2002, being the 9th day of the month.
Pursuant to the Executive Order of the Governor, the members of the Senate assembled this day in the Senate Chamber at 12 o'clock Noon.
Executive Order No. 2002-34
WHEREAS, because of the negative impact of the national economy upon our state's economy, the State of South Carolina is facing a $348 million revenue shortfall in the current fiscal year; and
WHEREAS, to rationally address this serious budget situation, it is imperative to take immediate action to reduce state government expenditures and maximize existing resources in a manner that responsibly prioritizes and protects critical programs such as education and health care; and
WHEREAS, without legislative action to address the current budget shortfall, the State will have to resort to indiscriminate across-the-board budget cuts, applied blindly to all state agencies without regard to the needs, resources, size, scope or mission of individual agencies; and
WHEREAS, across-the-board cuts would reverse the recent progress made in public education and other key areas and seriously jeopardize the ability of some agencies to provide basic services to our state's citizens; and
WHEREAS, Article IV, Section 19 of the South Carolina Constitution states in pertinent part that: "The Governor may on extraordinary occasions convene the General Assembly in extra session[;]" and
WHEREAS, being mindful of the duties and responsibilities placed upon me by the Constitution and laws of this State, I have determined that there exists an extraordinary occasion requiring me to convene the General Assembly in extra session prior to the next regular session of the General Assembly.
NOW, THEREFORE, pursuant to the powers conferred upon me by the Constitution and Statutes of the State of South Carolina, and by the power vested in me by Article IV, Section 19 of the Constitution of the State of South Carolina, I hereby call an extra session of the General Assembly of South Carolina to convene at the State House in Columbia on Monday, December 9, 2002, at noon.
Given under my hand and the Great Seal
of the State of South Carolina, this 26th
day of November, 2002
/s/ Jim Hodges, Governor
/s/ James M. Miles, Secretary of State
The Senate was called to order by the PRESIDENT, the Honorable Robert L. Peeler.
The proceedings were opened with a prayer by the Chaplain, the Reverend George E. Meetze, of Columbia, S.C., as follows:
Dearly beloved, a man called Job raised the question: Chapter 38, verse 41: "Who provides for the raven its prey (bread) when its young ones cry to God, and wander about for lack of food?"
Let us pray.
Father, we know that "food" embraces all that we need to sustain our lives on earth!
We are gathered in emergency session with what some call a "Budget Crisis!"
Great responsibility rests upon us, the Senate...between the House and the Governor!
Help us to distribute Your resources so that all Your children may have enough and none may lack!
Give us the wisdom, the insight, the guidance You gave to Moses... a long, long time ago... in the WILDERNESS OF SINAI!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Mr. Jeffrey S. Gossett
Clerk of the Senate
Columbia, SC 29201
Dear Mr. Gossett:
The State Election Commission has certified to this office that Honorable Gerald Malloy received the greatest number of votes cast for Senator for Senate District #29 in the General Election on November 5, 2002.
The member is hereby certified as set forth in the attached commission as the duly and properly elected member of the Senate.
/s/ Jim Miles
Secretary of State
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. Gerald Malloy was the declared winner in Darlington, Florence and Lee Counties for Senate District #29 in the November 5, 2002 General Election.
Enclosed is a copy of the results. Please call me if you have any questions.
/s/ Donna C. Royson
Deputy Executive Director
On motion of Senator McCONNELL, with unanimous consent, Senator GLOVER introduced newly-elected Senator MALLOY.
Senator MALLOY addressed the members of the Senate.
Thank you, Mr. PRESIDENT, fellow Senators, colleagues and friends.
It's hard to respond to quite an introduction. I'll tell you. I'm overwhelmed to be here. This is a fantastic privilege -- to have the honor of being able to serve your fellow man. I can't think of anything greater.
My introduction to you of me is very small. I'm a husband of 13 years to my wife, Davita. I'm a father to my four children. Those are the most important roles that I serve.
I have great respect for this institution. I can't explain it except to look back in an historical aspect. This is a summit of history. I feel privileged that this State came to the point where they could elect a person like me at a time like this in a district like mine. I'm overjoyed.
Standing at the summit of history, I look back and just a few days ago a great South Carolina statesman and U. S. Senator Strom Thurmond turned 100 years old. He was leading this State and this country well before I was born and well before many of you were born. He retires from public life to come home. Before I address this institution for the first time, I had to imagine at one time he addressed this institution and it gives me a sense of history.
I've been talking about a lot of history lately and it seems as if every time I open my eyes, I see some mirror, some fragment of the past looking back at me, reminding me of what has come before.
Over the past few months when I was announcing my candidacy for this seat, I had to look to the past for some answers. I recall being a page for Senator JACK LINDSAY and the lessons that I learned. As I sought to fill the remainder of another great man's term here in this body, his history, our history has filled my thoughts. Senator ED SALEEBY, SR. was a great man and will be sincerely missed, Senator McCONNELL, just like you said. I remember as a young lawyer in his office working with him over ten years and he told me one day I may get an opportunity to serve. Well, sir, here I am. I'll try not to let him or you down.
I know there is a great weight that comes with service. There's a weight that comes with looking for what is right to do for your district and your State. There's a weight that comes with hoping that decisions that you make are the right ones. There's a weight that comes with this honor, a weight I know each of you has felt.
I am new to this institution, but I have felt this weight, too.
Luckily, we are not asked to bear that weight alone. It is incumbent upon us, and me, who seek to lead that we draw strength and wisdom from those who have it to offer and to offer it to those who are in need. We share that weight with each other as we all seek the truth and what is best for this great State of ours.
I look around these great walls, these sacred walls, and I see the faces of greatness looking back at me. I think I understand what it is to be a Senator. I see the faces of those that put the people of South Carolina, our people, before themselves every time not expecting rewards, not expecting recognition and not expecting even to be remembered. I share this weight with them and I would seek to learn from their example and from your example.
As I said before, standing in this chamber of democracy where the path to freedom is cut every day, the lessons of history are on my mind. As I look around today, I know we are living in historical times, too.
I see the world changing and I welcome the challenge that comes with it.
We have lots of work to do and I know I have excellent company in the job at hand. I look to you, all of you, for your help and I pray to God that He guide us all.
Thank you. God Bless you and thank you so much for this opportunity.
On motion of Senator McCONNELL, with unanimous consent, Senator MALLOY's remarks were ordered printed in the Journal.
Senator J. VERNE SMITH rose for an Expression of Personal Interest.
Senator J. VERNE SMITH moved that it be the Sense of the Senate for the members to waive their Extra Session compensation and only accept per diem and travel expenses for the duration of the Extra Session. However, any Senator wishing to receive the full Extra Session compensation was to notify the Clerk of the Senate.
There was no objection and the motion was adopted.
Senator COURSON rose for an Expression of Personal Interest.
Senator LEVENTIS rose for an Expression of Personal Interest.
Senator RICHARDSON rose for an Expression of Personal Interest.
The Clerk of the Senate has made the following appointment:
Michael R. Hitchcock Assistant Clerk of the Senate
The following were introduced:
S. 1 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF NATURAL RESOURCES NAME THE BOAT RAMP LOCATED AT THE INTERSECTION OF HIGHWAY 9 AND HIGHWAY 17 IN HORRY COUNTY THE "T. CRAIG CAMPBELL BOAT LANDING" AND TO INSTALL APPROPRIATE SIGNS CONTAINING THE WORDS "T. CRAIG CAMPBELL BOAT LANDING" ON THE PROPERTY THROUGH LOCALLY GENERATED FUNDING BY THE DEPARTMENT OF NATURAL RESOURCES.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 2 (Word version). -- Senators Richardson, Elliott and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-630 SO AS TO IMPOSE AN ADDITIONAL AMOUNT ON EACH CIGARETTE SUBJECT TO THE LICENSE TAX ON CIGARETTES IN AN AMOUNT EQUAL TO 2.65 CENTS ON EACH CIGARETTE, TO PROVIDE FOR THE COLLECTION AND ENFORCEMENT OF THE ADDITIONAL AMOUNT, AND TO PROVIDE FOR A MEDICAID MATCH FUND.
Senator RICHARDSON spoke on the Bill.
The Bill was read the first time and ordered referred to the Committee on Finance.
S. 3 (Word version) -- Senators LEVENTIS and DRUMMOND: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ADDING SECTION 9-1-1520 TO REQUIRE AGENCIES TO PURCHASE RETIREMENT SERVICE CREDIT OF UP TO THREE YEARS FOR EMPLOYEES THAT WOULD HAVE BEEN ELIGIBLE UNDER NORMAL CIRCUMSTANCES, TO RETIRE WITHIN THREE YEARS AFTER BEING TERMINATED AS A RESULT OF AN AGENCY REDUCTION IN FORCE CAUSED BY A MANDATED REDUCTION IN THE AGENCY BUDGET AND TO MANDATE THAT THESE EMPLOYEES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE; TO REQUIRE THAT THE EMPLOYEE AND EMPLOYER SHARE OF STATE HEALTH AND DENTAL INSURANCE BE PROVIDED TO TERMINATED EMPLOYEES FOR UP TO ONE YEAR; AND TO REQUIRE THAT TERMINATED EMPLOYEES RETURNING TO SERVICE WITHIN A TWO-YEAR PERIOD HAVE THEIR BENEFITS CALCULATED AS IF THERE HAD BEEN NO BREAK IN SERVICE AND TO PERMIT THESE EMPLOYEES TO PURCHASE BACK RETIREMENT AND LEAVE BENEFITS.
Senator LEVENTIS spoke on the Bill.
Senator LEVENTIS asked that the Bill be placed on the Calendar without reference.
Senator LEATHERMAN objected.
The Bill was read the first time and referred to the Committee on Finance.
On motion of Senators McCONNELL, ALEXANDER, ANDERSON, BAUER, BRANTON, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HOLLAND, HUTTO, JACKSON, KNOTTS, KUHN, LAND, LEATHERMAN, LEVENTIS, MALLOY, MARTIN, MATTHEWS, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN, and WALDREP, with unanimous consent, the Senate stood adjourned in memory of our esteemed colleague and friend, Senator EDWARD E. SALEEBY, of Darlington, S.C. He ably served in the House of Representatives from 1951-58 and in the Senate from 1973 until his passing on July 6, 2002.
At 1:14 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.
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