South Carolina General Assembly
108th Session, 1989-1990
Journal of the Senate

WEDNESDAY, JANUARY 17, 1990

Wednesday, January 17, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., 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:

As our Governor speaks tonight to a Joint Session of the House and the Senate, hear words that, long ago, the Psalmist sang as a message for his age and for every age. Psalm 2(vv. 10-11):

"Now therefore, O kings, be wise;

Be warned, O rulers of the earth.

Serve the Lord with fear... "
Let us pray.

Our Father, we thank You for his stewardship - and pray that You grant a birthday blessing upon Your servant our friend, Marshall Williams - and her who walks by his side. Sustain them in body, mind, and spirit! Lift up their hearts!

Bless, O Lord, his Excellency, our Governor, Your servant, Carroll Campbell, as he comes, tonight, before our Joint Assembly. Give him strength of body, mind and spirit as he brings his message of partnership with us for the welfare of our beloved State.

So, let us all hear, in our hearts, the words of the Psalmist, "Serve the Lord with fear... "

Amen.

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

Message From The House

Columbia, S.C., January 16, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed:

Reappointment, Master-in-Equity, Aiken County, with term to expire June 30, 1995:

Robert A. Smoak, Jr., P.O. Box 1397, Aiken, S.C. 29802

Very respectfully,
Speaker of the House

Doctor Of The Day

Senator GIESE introduced Dr. Thomas C. Rowland, Jr. of Columbia, Doctor of the Day.

Leave Of Absence

On motion of Senator BRYAN, Senator SETZLER was granted a leave of absence for today.

Leave Of Absence

Senator PASSAILAIGUE requested and was granted a leave of absence for Thursday.

Leave Of Absence

Senator FIELDING requested and was granted a leave of absence for Thursday.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1085 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO CONGRATULATE NELSON WELCH, THE VERSATILE AND ACCOMPLISHED SENIOR FOOTBALL PLAYER FOR THE GREER HIGH SCHOOL YELLOW JACKETS FOR HIS MANY ACCOMPLISHMENTS BOTH ON AND OFF THE FOOTBALL FIELD, TO RECOGNIZE HIS NUMEROUS FOOTBALL ACCOLADES INCLUDING HIS SELECTION TO THE ASSOCIATED PRESS FIRST TEAM ALL-STATE HIGH SCHOOL FOOTBALL TEAM, THE GREENVILLE NEWS TENTH ANNUAL ALL-STATE TEAM, THE DIXIE DOZEN FOOTBALL TEAM, THE NORTH-SOUTH ALL STAR TEAM AND THE SHRINE BOWL TEAM, TO COMMEND HIM FOR BEING NAMED SOUTH CAROLINA PLAYER OF THE YEAR BY THE ASSOCIATED PRESS AND THE GREENVILLE PIEDMONT NEWS FOR GREENVILLE COUNTY, AND TO CONGRATULATE HIM FOR HIS ACADEMIC SUCCESS THROUGHOUT HIS HIGH SCHOOL CAREER.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1086 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO CONGRATULATE STUART HOLCOMBE, HEAD COACH OF THE SOUTH CAROLINA CLASS 3-A STATE CHAMPION GREER HIGH SCHOOL YELLOW JACKETS FOOTBALL TEAM, FOR BEING ELECTED BY SPORTSWRITERS AS THE ASSOCIATED PRESS HIGH SCHOOL FOOTBALL COACH OF THE YEAR, AND FOR BEING SELECTED BY HIS FELLOW COACHES AS THE SOUTH CAROLINA COACH OF THE YEAR, AND TO COMMEND HIM ON HIS 30-9 RECORD AS HEAD COACH OF THE GREER YELLOW JACKETS.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1087 -- Senators J. Verne Smith, Mitchell, Stilwell, Thomas and Bryan: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREER YELLOW JACKETS HIGH SCHOOL FOOTBALL TEAM UPON WINNING THE SOUTH CAROLINA CLASS 3-A STATE CHAMPIONSHIP FOR THE 1989 HIGH SCHOOL FOOTBALL SEASON BY DEFEATING A TOUGH AIKEN HORNETS FOOTBALL TEAM IN THE TITLE GAME PLAYED IN DECEMBER, 1989, AT IRMO HIGH SCHOOL STADIUM, TO COMMEND THE TEAM AND ITS COACHES FOR BEING THE FIRST HIGH SCHOOL FOOTBALL TEAM IN SOUTH CAROLINA HISTORY TO WIN FIFTEEN GAMES IN A SINGLE SEASON, AND TO RECOGNIZE THE DEDICATION, HARD WORK, AND TEAM SPIRIT OF THE PLAYERS, COACHES, STAFF, PARENTS AND FANS WHO WERE AN INTEGRAL PART OF THE SUCCESS OF THE FOOTBALL TEAM.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1088 -- Senators Waddell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas and Wilson: A SENATE RESOLUTION CONGRATULATING THE HONORABLE MARSHALL B. WILLIAMS, PRESIDENT PRO TEMPORE OF THE SENATE AND CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, ON THE OCCASION OF HIS SEVENTY-EIGHTH BIRTHDAY, WEDNESDAY, JANUARY 17, 1990, AND COMMENDING HIM ON HIS LONG AND DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA.

Whereas, Marshall B. Williams was born on January 17, 1912, in Orangeburg County, South Carolina into a family which had deep roots in our beloved State; and

Whereas, after achieving an outstanding record at the University of South Carolina, he returned to Orangeburg to practice law where he has been a prominent trial lawyer for over half a century, trying some of the state's most renown cases to successful conclusions; and

Whereas, Marshall B. Williams served his country with distinction during World War II as a gunnery and ordinance officer with the U.S. Naval Air Corps, serving for two years in the Pacific Theatre, being honorably discharged; and

Whereas, in a long career of public service that has included six years in the House of Representatives as a member of the Ways and Means Committee and thirty-eight years in the Senate (thirty-three years of this time without opposition--a record in South Carolina) where he has served as Chairman of the Medical Affairs Committee, the Banking and Insurance Committee, and currently the Judiciary Committee, Senator Williams has reflected nobly on the high calling of public service; and

Whereas, Marshall B. Williams has diligently served his State, having the interests of all South Carolinians as his primary concern, he continues to serve his State by serving his second year as President Pro Tempore of the Senate and serving his seventh year as Chairman of the Senate Judiciary Committee. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate congratulate Senator Marshall B. Williams on the occasion of his seventy-eighth birthday and commend him on his long and dedicated service to the State of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to our good friend, President Pro Tempore of the Senate, Marshall B. Williams.

On motion of Senator WADDELL, with unanimous consent, the Senate Resolution was adopted.

S. 1089 -- Senator Moore: A SENATE RESOLUTION TO CONGRATULATE THE NORTH AUGUSTA HIGH SCHOOL "YELLOW JACKETS" FOOTBALL TEAM AND ITS COACHES ON WINNING THE STATE CLASS AAAA CHAMPIONSHIP AND INVITE THEM TO VISIT IN THE SENATE CHAMBER AT 11:30 A.M. ON THURSDAY, JANUARY 25, 1990.

Referred to the Committee on Invitations.

S. 1090 -- Senators Shealy, Horace C. Smith and Bryan: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY CRIME PREVENTION AND REHABILITATION AND PAROLE AS THEY RELATE TO IMPRISONMENT, WAYS TO REDUCE THE STATE'S PRISON POPULATION, AND THE NEED FOR THE CONSTRUCTION OF MORE PRISONS.

Read the first time and referred to the Committee on Corrections and Penology.

S. 1091 -- Senators Thomas, Wilson, Rose, Peeler and Stilwell: A JOINT RESOLUTION TO PROVIDE FOR THE PAYMENT OF STATE INCOME TAX REFUNDS ARISING UNDER THE DAVIS V. MICHIGAN DECISION OF THE UNITED STATES SUPREME COURT IN FIVE EQUAL ANNUAL PAYMENTS BEGINNING IN 1991, TO PROVIDE THAT NO INTEREST ACCRUES ON THE UNPAID BALANCE OF THE REFUNDS, TO REQUIRE THAT EACH ANNUAL PAYMENT MUST FIRST BE APPLIED AS A CREDIT AGAINST THE TAXPAYER'S STATE INCOME TAX LIABILITY, AND TO PROVIDE THAT THE REFUNDS DUE DECEASED TAXPAYERS MUST BE PAID TO THEIR ESTATES.

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

S. 1092 -- Senator Waddell: A BILL TO AMEND SECTION 12-35-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES TAX ON TRANSIENT ACCOMMODATIONS, SO AS TO PROVIDE THAT THE TAX IS IMPOSED ONLY ON GROSS PROCEEDS ATTRIBUTABLE TO THE RENTAL OF SLEEPING ACCOMMODATIONS.

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

S. 1093 -- Senator Holland: A BILL TO AMEND SECTION 50-11-705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF THE USE OF LIGHTS TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 2, SO AS TO EXTEND THE PROHIBITION TO GAME ZONES 1, 4, AND 5; AND TO REPEAL SECTIONS 50-11-703 AND 50-11-704 RELATING TO OBSERVING OR HARASSING WILDLIFE.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1094 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-706 SO AS TO PROHIBIT THE USE OF LIGHTS WHICH RECEIVE THEIR POWER FROM POWER SYSTEMS OF MOTOR VEHICLES OR WATER CONVEYANCES IN GAME ZONE 5.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1095 -- Senators Shealy, Setzler, Martschink, Peeler, Hinson, Holland, Long, Bryan, O'Dell, Horace C. Smith, Lee and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 14-7-845 AND 22-2-85 SO AS TO PROVIDE THAT JURY SERVICE FOR STUDENTS IS, UPON REQUEST, POSTPONED UNTIL A DATE THAT DOES NOT CONFLICT WITH THE SCHOOL TERM.

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

S. 1096 -- Senators Mullinax, Macaulay and O'Dell: A BILL TO AMEND SECTIONS 44-53-440 AND 44-53-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS AND CONTROLLED SUBSTANCES SO AS TO INCREASE THE PENALTIES FOR VIOLATING THIS SECTION AND PROVIDE FOR THE IMPOSITION OF MANDATORY MINIMUM PENALTIES FOR ANY VIOLATIONS.

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

S. 1097 -- Senators Mullinax, Macaulay and O'Dell: A BILL TO AMEND SECTIONS 16-13-240, 16-13-260, 16-13-320, 16-13-330 AND 16-13-440 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN CRIMES, SO AS TO CLASSIFY THE CRIMES AS MISDEMEANORS AND FELONIES BASED ON THE MONETARY VALUE AT ISSUE, AND TO PROVIDE SENTENCES ACCORDINGLY.

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

S. 1098 -- Senators Mullinax, Macaulay, O'Dell and Wilson: A BILL TO AMEND SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POSSESSION OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE THAT ANY PERSON VIOLATING THIS SECTION IS GUILTY OF A FELONY AND TO INCREASE THE PENALTIES FOR SUCH A VIOLATION.

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

S. 1099 -- Senators Mullinax, Macaulay and O'Dell: A BILL TO AMEND SECTION 16-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCEST, SO AS TO CHANGE THE PENALTY FOR VIOLATING THIS SECTION FROM FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN ONE YEAR TO IMPRISONMENT FOR NOT LESS THAN ONE YEAR BUT NOT MORE THAN TEN YEARS; TO AMEND SECTION 16-15-30, RELATING TO THE ABDUCTION OF A MINOR, SO AS TO MAKE IT UNLAWFUL TO ABDUCT ANY MINOR CHILD; AND TO AMEND SECTION 16-15-250, RELATING TO THE COMMUNICATION OF OBSCENE MESSAGES, SO AS TO MAKE IT UNLAWFUL TO COMMUNICATE OBSCENE MESSAGES TO ANY PERSON.

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

S. 1100 -- Senators McConnell, Mitchell, Stilwell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR THE REGISTRATION OF BUILDING CODE ENFORCEMENT OFFICERS BY SETTING FORTH DEFINITIONS, DUTIES OF THE BUILDING CODE COUNCIL, REQUIREMENTS OF REGISTRATION, RENEWAL, AND PRACTICE, AND REMEDIES AND PENALTIES FOR VIOLATIONS.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1101 -- Senators Bryan, Hayes, Peeler, Fielding and Giese: A BILL TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DENIAL, SUSPENSION, OR REVOCATION OR ASSESSMENT OF A MONETARY PENALTY AGAINST A HEALTH FACILITY ISSUED A CERTIFICATE OF NEED, SO AS TO REQUIRE A TEAM ADVOCACY INSPECTION BY THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.

Read the first time and referred to the Committee on Medical Affairs.

S. 1102 -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED BY ACT 289 OF 1987, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO FURTHER PROVIDE FOR THE PREPARATION OF THE ANNUAL SCHOOL BUDGET FOR THE OPERATION OF THE DISTRICT AND THE TAX MILLAGE NECESSARY TO BE LEVIED IN CONNECTION THEREWITH.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

Ordered To A Second And Third Reading

On motion of Senator McGILL, S. 1102 was ordered to receive a second and third reading on the next two consecutive Legislative days.

S. 1103 -- Senator Martschink: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE GOOD EARTH, INC., IN CHARLESTON COUNTY.

Read the first time and on motion of Senator MARTSCHINK, with unanimous consent, was ordered placed on the Calendar without reference.

Ordered To A Second And Third Reading

On motion of Senator MARTSCHINK, S. 1103 was ordered to receive a second and third reading on the next two consecutive Legislative days.

S. 1104 -- Judiciary Committee: A BILL TO AMEND SECTION 7-15-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS ATTENDING SICK OR PHYSICALLY DISABLED PERSONS AND PERSONS ADMITTED TO HOSPITALS AS EMERGENCY PATIENTS ON THE DAY OF AN ELECTION OR WITHIN A FOUR-DAY PERIOD BEFORE THE ELECTION TO THE APPLICATION FOR VOTING BY ABSENTEE BALLOT.

Read the first time and ordered placed on the Calendar without reference.

S. 1105 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE AUTHORITY CHARGED BY LAW WITH CONDUCTING AN ELECTION IN EACH COUNTY PUBLISH NOTICES OF ELECTIONS HELD IN THE COUNTY, SO AS TO INCLUDE IN THIS REQUIREMENT NOTIFICATION OF WHEN THE PROCESS OF EXAMINING THE ENVELOPES CONTAINING ABSENTEE BALLOTS BEGINS; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF ELECTION IN EACH COUNTY, SO AS TO REQUIRE THE COMMISSIONERS TO APPOINT A CLERK FROM AMONG MANAGERS FOR EACH POLLING PLACE IN THE COUNTY AND ONE FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION; TO AMEND SECTION 7-13-80, RELATING TO THE APPOINTMENT OF A CLERK BY THE MANAGERS OF ELECTION, SO AS TO DELETE THE AUTHORITY TO APPOINT A CLERK AND ADD REFERENCES TO CLERKS; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF MANAGERS OF ELECTIONS, SO AS TO PROVIDE THAT CHALLENGES MAY BE MADE AT ANY TIME BEFORE THE OPENING OF THE ENVELOPES CONTAINING THE ABSENTEE BALLOTS INSTEAD OF WHEN THE BALLOTS ARE COUNTED; TO AMEND SECTION 7-15-370, RELATING TO THE ITEMS REQUIRED TO BE FURNISHED EACH PERSON QUALIFIED TO RECEIVE AN ABSENTEE BALLOT, SO AS TO REQUIRE AN ENVELOPE MARKED "BALLOT HEREIN" INSTEAD OF AN UNMARKED ENVELOPE BE FURNISHED EACH QUALIFIED PERSON; AND TO AMEND SECTION 7-15-420, RELATING TO THE TABULATION AND REPORTING OF ABSENTEE BALLOTS, SO AS TO CHANGE THE TIME FOR PROCESSING THE BALLOTS FROM THE CLOSING OF THE POLLS TO 2:00 P.M. ON ELECTION DAY, AUTHORIZE WATCHERS TO BE PRESENT WHEN ABSENTEE BALLOT ENVELOPES ARE EXAMINED, REQUIRE ALL RETURN-ADDRESSED ENVELOPES RECEIVED BEFORE THE CLOSING OF THE POLLS BE EXAMINED, AND MAKE OTHER TECHNICAL CORRECTIONS.

Read the first time and ordered placed on the Calendar without reference.

S. 1106 -- Judiciary Committee: A BILL TO AMEND SECTION 7-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPENSES OF COMMISSIONERS, MANAGERS, AND CLERKS OF GENERAL ELECTIONS, SO AS TO PROVIDE THAT COMMISSIONERS RECEIVE AS EXPENSES AN AMOUNT AS APPROPRIATED ANNUALLY BY THE GENERAL ASSEMBLY INSTEAD OF TWO HUNDRED DOLLARS A YEAR, DELETE THE ENTITLEMENT TO MILEAGE TO A MANAGER AND CLERK, AND CLARIFY THAT THIS MILEAGE IS FOR ELECTION-DAY MILEAGE.

Read the first time and ordered placed on the Calendar without reference.

S. 1107 -- Senator Courson: A CONCURRENT RESOLUTION TO COMMEND JACK C. HANNA OF THE SOUTH CAROLINA BAR ASSOCIATION FOR HIS EXCELLENT SUPPORT OF AND ASSISTANCE TO THE UNITED STATES CONSTITUTION BICENTENNIAL COMMISSION OF SOUTH CAROLINA DURING THE CONSTITUTION BICENTENNIAL ERA.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

REPORTS OF STANDING COMMITTEES

Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:

S. 792 -- Senator Martin: A BILL TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.

Ordered for consideration tomorrow.

Senator McCONNELL, from the Committee on Judiciary, submitted a favorable report on:

S. 846 -- Senator McConnell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOOD TRUST, INC., OF CHARLESTON COUNTY.

Ordered for consideration tomorrow.

Senator LEE, from the Committee on Judiciary, submitted a favorable report on:

S. 885 -- Senator Horace C. Smith: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PALMETTO CLUB OF THE DEAF IN SPARTANBURG COUNTY.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

S. 929 -- Senators McLeod, Lourie, Nell W. Smith, Passailaigue, Mullinax, Hinson and Holland: A JOINT RESOLUTION TO DIRECT THE COMPTROLLER GENERAL'S OFFICE TO STUDY ADDITIONAL WAYS OF NOTIFYING PERSONS ELIGIBLE FOR A HOMESTEAD TAX EXEMPTION TO ENABLE THEM TO APPLY BEFORE THE DEADLINE.

Ordered for consideration tomorrow.

Senator LEE, from the Committee on Judiciary, submitted a favorable report on:

S. 948 -- Senators Hayes and Hinson: A BILL TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF AN ELECTION BALLOT WHEN A CHANGE IN A FORM OF GOVERNMENT IN A MUNICIPALITY IS VOTED ON BY THE QUALIFIED ELECTORS OF THAT MUNICIPALITY, SO AS TO CLARIFY THE MANNER IN WHICH AN ELECTOR SELECTS A FORM OF GOVERNMENT.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

S. 987 -- Senator Waddell: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER FUNDS FOR STATE EMPLOYEE BONUSES TO THE GENERAL FUND OF THE STATE AND TO AUTHORIZE STATE AGENCIES TO PAY THE BONUSES FROM APPROPRIATED ACCOUNTS.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

S. 988 -- Senator Waddell: A BILL TO AMEND SECTION 11-15-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR REPORTING THE DEBT OF POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT THE STATE TREASURER ANNUALLY SHALL PUBLISH A STATEMENT OF THE OBLIGATIONS OF POLITICAL SUBDIVISIONS RATHER THAN FURNISH A STATEMENT TO THE COMPTROLLER GENERAL FOR INCLUSION IN THE ANNUAL REPORT OF THE COMPTROLLER GENERAL.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Education, submitted a favorable report on:

H. 3574 -- Rep. Beasley: A BILL TO AMEND SECTION 59-48-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL SCHOOL FOR SCIENCE AND MATHEMATICS FOR THE PURPOSE OF FOSTERING EDUCATIONAL DEVELOPMENT OF HIGH SCHOOL JUNIORS AND SENIORS IN THIS STATE WHO ARE ACADEMICALLY TALENTED, SO AS TO PROVIDE THAT DESIGNEES OF THE EX OFFICIO MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL MAY SERVE IN THEIR PLACE ON THE BOARD.

Ordered for consideration tomorrow.

Senator MITCHELL, from the Committee on Judiciary, a favorable with amendments report on:

H. 3619 -- Reps. Wright, Hearn, Quinn, Lanford, Littlejohn, Wofford, Vaughn and Jaskwhich: A BILL TO AMEND SECTIONS 7-13-430 AND 7-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF BALLOTS REQUIRED TO BE PROVIDED AT VOTING PRECINCTS IN GENERAL AND PRIMARY ELECTIONS, SO AS TO REQUIRE POLL MANAGERS TO PROVIDE BALLOTS MADE AS NEARLY AS POSSIBLE IN THE FORM OF OFFICIAL BALLOTS IF SUFFICIENT OFFICIAL BALLOTS ARE NOT PROVIDED AND TO MAKE FAILURE TO PROVIDE SUCH BALLOTS WHEN NECESSARY A CRIMINAL OFFENSE PUNISHABLE AS WILFUL NEGLECT OR CORRUPT CONDUCT OF A POLL MANAGER.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Education, submitted a favorable report on:

H. 3861 -- Rep. Nesbitt: A BILL TO AMEND SECTION 59-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, THE REQUISITE STUDY OF AND EXAMINATION CONCERNING THE UNITED STATES CONSTITUTION FOR PURPOSES OF GRADUATION FROM HIGH SCHOOL AND COLLEGE, SO AS TO INCLUDE THE DECLARATION OF INDEPENDENCE AND THE FEDERALIST PAPERS.

Ordered for consideration tomorrow.

Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:

H. 4157 -- Rep. McElveen: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF WHITAKER'S INC. OF SUMTER IN SUMTER COUNTY.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

Reappointment, Chairman, Public Service Authority, with term to expire May 19, 1997:

Mr. John S. Rainey, 720 Albion Road, Columbia, S.C. 29205

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

Appointment, Chairman, Public Service Authority, with term to expire May 19, 1990:

Mr. John S. Rainey, 720 Albion Road, Columbia, S.C. 29205 VICE Mr. Dwight Holder (resigned)

THIRD READING BILL

The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:

S. 986 -- Senator Waddell: A BILL TO AMEND ACT 515 OF 1982, RELATING TO THE ANNUAL MARCH OF DIMES BEAUFORT BRIDGE RUN, SO AS TO CHANGE THE DATE OF THE EVENT FROM THE THIRD SATURDAY IN OCTOBER TO THE SECOND SATURDAY IN OCTOBER.

(By prior motion of Senator WADDELL)

RECALLED, AMENDED AND READ

H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.

On motion of Senator MOORE, with unanimous consent, the Bill was recalled from the Committee on Finance.

On motion of Senator MOORE, with unanimous consent, the Bill was taken up for immediate consideration.

Senator MOORE proposed the following amendment (Doc. No. 0065X), which was adopted:

Amend the bill, as and if amended, in Section 12-45-180, as contained in SECTION 1, page 2, line 16 by striking /first/ and inserting /second/.

Amend further by striking SECTION 2 and inserting:

/SECTION 2. Notwithstanding the provisions of Section 12-45-180 of the 1976 Code, no penalty may be assessed for ad valorem taxes due for the 1989 taxable year paid before January 30, 1990. There must be refunded to taxpayers any penalties assessed on ad valorem taxes for the 1989 tax year paid before January 30, 1990.

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator MOORE explained the amendment.

On motion of Senator MOORE, the amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

Ordered To A Third Reading

On motion of Senator MOORE, with unanimous consent, H. 3466 was ordered to receive a third reading on Thursday, January 18, 1990.

AMENDED AND READ

S. 1080 -- Senators Horace C. Smith, Drummond, Bryan, Hayes, Rose, Long, Passailaigue, O'Dell, Lee, Gilbert, McConnell, Giese, Peeler, Mullinax, Shealy, Thomas, Stilwell, Waddell, Nell W. Smith, Martschink, Hinds, Setzler, Lourie and Leatherman: A BILL TO AMEND SECTION 24-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CONVICT LABOR ON STATE HIGHWAYS AND OTHER PUBLIC PROJECTS, SO AS TO ALLOW PRISON INMATES TO BE EMPLOYED AS LABOR ON COUNTY PROJECTS.

On motion of Senator HORACE C. SMITH, with unanimous consent, the Bill was taken up for immediate consideration.

The question being the second reading of the Bill.

Senator McCONNELL proposed the following amendment (Doc. No. 2731R), which was adopted:

Amend the bill, as and if amended, page 1, line 26, by inserting after the word "labor" the following:

", excluding inmates convicted of violent crimes as defined in Section 16-1-70 or child abuse, or any inmate who has escaped from a correctional facility,"

Amend title to conform.

Senator HORACE C. SMITH explained the amendment.

Senator McCONNELL proposed the following amendment (Doc. No. 2724R), which was adopted:

Amend the bill, as and if amended, page 1, line 29, by inserting after the word "projects" the following:

"and the public"

Amend title to conform.

Senator HORACE C. SMITH explained the amendment.

On motion of Senator HORACE C. SMITH, the amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

Committee Amendment Amended,
Debate Interrupted

S. 42 -- Senator Fielding: A BILL TO AMEND SECTION 56-5-5360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE INSPECTION STATIONS, SO AS TO INCREASE THE FEES FOR INSPECTIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendments proposed by the Committee on Transportation.

Point Of Personal Privilege

Senator HINSON rose to a Point of Personal Privilege.

Senator HINSON proposed the following amendment (Doc. No. 3783U), which was tabled:

Amend the report of the Committee on Transportation, as and if amended, in subsection (d) of Section 56-5-5360 of the 1976 Code, as contained in Section 1, by striking /ten/ on line 33 of page [0042-1] and by striking /five/ on line 35 of page [0042-1] and inserting /four/ in both places.

Amend title to conform.

Senator HINSON argued in favor of the adoption of the amendment.

Point Of Order

Senator FIELDING raised a Point of Order that the amendment proposed by Senator HINSON was out of order inasmuch as it did not relate to the amendments proposed by the Committee on Transportation.

The PRESIDENT overruled the Point of Order and stated that the amendment did relate to the amendments proposed by the Committee on Transportation.

Senator HINSON continued speaking in favor of the adoption of the amendment.

Senator HINSON moved that the amendment be adopted.

Senator FIELDING moved to lay the amendment on the table.

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

AYES

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Helmly                    Hinds
Land                      Long                      Lourie
Matthews                  McGill                    Passailaigue
Pope                      Russell                   Shealy
Smith, N.W.               Stilwell                  Waddell
Williams                  Wilson                    

Total--23

NAYS

Hinson                    Holland                   Leatherman
Lee                       Macaulay                  Martschink
McConnell                 Mitchell                  Moore
Mullinax                  O'Dell                    Peeler
Rose                      Saleeby                   Thomas

Total--15

The amendment was laid on the table.

Statement By Senator J. VERNE SMITH

I abstained from voting on this amendment as I own four inspection stations and my vote on this question may be construed as a conflict of interest.

MOTION ADOPTED

On motion of Senator WADDELL, with unanimous consent, the Senate agreed to go into Executive Session prior to the Senate tanding in recess and, upon lifting of the veil, stand in recess until 1:50 P.M. at which time the Senate would reconvene for the purposes of the Joint Assembly, and, at the conclusion of the Joint Assembly would stand in recess until 6:45 P.M.

Senator FIELDING proposed the following amendment (Doc. No. 0058X), which was carried over and later adopted:

Amend the report of the Committee on Transportation, as and if amended, in Section 56-5-5360(d) as contained in SECTION 1, page 0042-1, line 33, by striking /ten/ and inserting /five/.

Amend further, Section 56-5-5360(d), as contained in SECTION 1, page 0042-2, beginning on line 5, by striking /fifty cents one dollar/ and inserting /fifty cents/.

Amend title to conform.

Senator FIELDING argued in favor of the adoption of the amendment.

On motion of Senator FIELDING, with unanimous consent, the amendment was carried over.

Senator POPE proposed the following amendment (Doc. No. 2626R), which was carried over:

Amend the Committee Report, as and if amended, by adding appropriately numbered new sections to read:

SECTION ___. Section 56-5-5350(a) of the 1976 Code is amended to read:

"(a) Effective on and after January 1, 1969, the Highway Department shall require that every Every vehicle registered in this State, except house trailers, shall must be inspected at least once a year. At the time of annual registration and licensing of the vehicle, the owner of the vehicle must furnish the Department a certificate of this inspection. The certificate, statingthat the vehicle is in proper working order, must be dated within thirty days of the date of registration and licensing. However, between July 1, 1990 and June 30, 1991, an owner may present and the Department must accept a certificate of inspection dated within six months of the date of the annual licensing and registration. Upon the sale of a vehicle the new owner may license and register a vehicle if he can demonstrate evidence of an inspection complying with this article within the preceding six months. The form of the certificate of inspection must be prescribed by the Department.

After June 30, 1990, no inspection sticker must be affixed to a vehicle. have displayed at all times a Highway Department approved certificate of inspection and approval in a practical location specified by the Department. No person shall drive or move on any highway any vehicle, except house trailers, unless there shall be in effect and properly displayed thereon a current certificate of inspection. "

SECTION ___. Section 56-5-5390(b) of the 1976 Code is amended to read:

"(b) No person shall display, or cause or permit to be displayed upon any vehicle, or give or sell to any other person, any certificate of inspection knowing it to be fictitious or issued for another vehicle or issued without a complete inspection complying with the regulations established by the Department having been made."

SECTION ___. Section 56-5-5350(f) of the 1976 Code is deleted.

Amend title to conform.

Senator POPE argued in favor of the adoption of the amendment.

On motion of Senator POPE, with unanimous consent, the amendment was carried over.

Senator FIELDING proposed the following previously carried over amendment (Doc. No. 0058X), which was adopted.

Senator FIELDING argued in favor of the adoption of the amendment.

Senator FIELDING moved that the amendment be adopted.

The amendment was adopted.

Objection

Senator SHEALY asked unanimous consent to make a motion to take up his amendment for immediate consideration.

Senator FIELDING objected.

MOTION ADOPTED

On motion of Senator WADDELL, with unanimous consent, the Senate proceeded to the Executive Session, whereupon the Senate stood in recess until 1:50 P.M.

Debate was interrupted by recess.

EXECUTIVE SESSION

On motion of Senator WADDELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:

Statewide Appointments

Appointment, Chairman, Public Service Authority, with term to expire May 19, 1990:

Mr. John S. Rainey, 720 Albion Road, Columbia, S.C. 29205 VICE Mr. Dwight Holder (resigned)

Reappointment, Chairman, Public Service Authority, with term to expire May 19, 1997:

Mr. John S. Rainey, 720 Albion Road, Columbia, S.C. 29205

RECESS

At 12:35 P.M., on motion of Senator WADDELL, the Senate receded from business until 1:50 P.M.

At 1:52 P.M., the Senate resumed.

JOINT ASSEMBLY

At 2:00 P.M., the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the House read the Concurrent Resolution:

H. 4331 -- Reps. Harvin, Klapman and Taylor: A CONCURRENT RESOLUTION TO FIX 2:00 P.M., ON WEDNESDAY, JANUARY 17, 1990, AS THE TIME FOR A JOINT SESSION OF THE GENERAL ASSEMBLY FOR THE PURPOSE OF COMMEMORATING THE UNITED STATES CONSTITUTION BICENTENNIAL ERA IN SOUTH CAROLINA.

The members of the Bicentennial Commission of South Carolina, United States Constitution, were escorted to the rostrum by Senators MACAULAY, POPE and COURSON and by Reps. Taylor, Harvin and Klapman.

The PRESIDENT introduced former Senator P. BRADLEY MORRAH, JR., Chairman of the Bicentennial Commission.

"Mr. President, distinguished Speaker, distinguished members of the General Assembly, both from the Senate and the House...Thank you for giving me this honor. I have had the pleasure of being at this spot once or twice, briefly, in years past, but it never ceases to awe me when I stand here and look at you and speak, the people of my state. People who have served this state, in my judgement, extremely well for the past several years in commemorating the 200th birthday of the great Constitution of the United States and the events coupled with that in South Carolina are here with us today and at the outset, I am going to introduce them to you, so you can thank them for the countless hours they have spent on your behalf and behalf of the young people of South Carolina in attempting to make this period of history meaningful. The Governor of South Carolina, who isn't with us, but I understand may make an appearance here this evening, is a member of our commission, the Honorable Lt. Governor of South Carolina, Representative Jarvis Klapman, Alex Harvin, first vice-chairman, second vice-chairman, Senator Alex Macaulay, Senator John Courson, Senator Thomas Pope, Representative Luther Taylor, Professor George Rogers, who you will hear from later, and I will introduce him at greater length later, Bill Sigmund, Jr., Earl Ruben, a distinguished teacher from the schools of Richland County, was an excellent member of this commission, the Honorable Clyde Shirley, of Belton, George Folk, our art expert, and a world expert, I have had some ten years of experience with the Archives Department, under the Bicentennial, working with his predecessors, but George takes a seat to no man and I urge you to back him, because this is something we need and I want to mention in a moment in passing. Fred Brinkman, who is busy writing some things, and writes more than any man I know and writes them well. Give these people a hand who have served you. Let me touch briefly on one or two things that we have done. On the outset, we have been as conservative as I could have hoped for and the members of this commission could have, in conserving the tax dollar. We spent very little money. We think we have gotten our money's worth. We hope that we have touched on the knowledge of young people in the schools and through other sources that have made this period meaningful and that they will recall it in years gone by. I was just thinking a minute ago, that a hundred years from now, some man will be standing here commemorating the tricentennial that we met here on the bicentennial today. And so it goes, in order that the people of this country can understand some of the momentous events that brought it into being. We have hosted the Southeastern Regional Bicentennial Planning Commission in 1987 and 1988, servants to the bicentennial, constitutional conventions, ratified the U.S. Constitution, we held this at the State House. With the National Bicentennial Commission, we developed the designated bicentennial community programs in South Carolina, which grew into a program with 50 member towns, cities, counties and colleges. We have enjoyed a solid, pleasant working relationship with you and we thank you, for your unremitting support. We will replace the time capsule, perhaps some of you saw it replaced. It was taken out on May 23, at the time that this state ratified and adopted the Constitution and we, in turn, will fill up, a device that we will place a plague on commemorating today's event and the Commission and the people involved in it. It gives me pleasure to present to you, but before I do, let me say one more thing. I felt that at the end of the Bicentennial era, that many people said that it was all over, it's gone, and I remarked at the time, at this podium, that it was the same thing as to say that Christianity died at the cross. When you take young people to teach the moments of history that are great, keep on teaching them, successive generations. It is an ongoing program and we hope that we have made a start in that direction with this program. The gentlemen who will say far more eloquently and better than I, anything to do with today's observance, Dr. George C. Rogers, Jr. Dr. George is Chairman of the Archives and History Commission. He is a native of Charleston, a graduate of its great institution, the College of Charleston, from which he wandered up to Chicago and obtained a Ph.D. in history from the University of Chicago, where I'm sure they didn't understand him for the first year, because of his accent, but afterwards they did. He is a distinguished constitutional scholar of history. He became associated with the University in 1958. He left there two years ago, retiring, having been one of its outstanding members. He is the author of some publications, of which you probably are familiar, The History of Georgetown County, Charleston in the Age of the Pinckneys, Evolution of a Federalist-William Lorton Smith, a scholar respected throughout the country for his knowledge of his Constitution and the constitutional era. It is indeed a privilege for me to have served with George during the bicentennial and during this period of time and the constitutional period. It has been for me, a great remarkable association. I commend him to you. He's friendly. Ask him anything and he will always tell you the right answer. Without further adue, gentlemen, it is my pleasure to introduce to you, Professor George C. Rogers, Jr."

"Lt. Governor Theodore, Speaker Sheheen, honorable members of the House and the Senate, ladies and gentlemen...John Jay wrote to Thomas Jefferson on October 27, 1786, that if republicanism were to fail in America, it would not be likely to be tried again anywhere else. That thought was uppermost in the minds of founding fathers. That thought should be uppermost in the minds of all of us. 1989 was the most important year in the history of humankind since 1776 and 1789. Poland, Hungrary, East Germany and Czechoslovakia and Romania have felt those two great moving forces, national and democracy. Now Lithuania and Moldavia, Georgia and Armenia, shutter with anticipations of a better Russia. These people want to be free. They wish to erect new structures of government within which they can live where their rights will be protected, but what experience in nation building do these people have, as they have lived for over 45 years under communist rule. We celebrate today, two events that occurred 200 years ago, a combination of the move of the capital of this state from Charleston to Columbia, January 4, 1790, and the ratification by South Carolina of the Amendments to the United States Constitution, which we joyously refer to, as our Bill of Rights, January 19, 1790. These two events, in a way, symbolize the end of a period of nation building, the establishment of democratic institutions. 14 years had passed from 1776 to 1790, and of those years, two at least, 1780 and 1781, were years of vicious civil war and of battle, murder, and sudden death. We had to heal the wounds of war, and bind the people together, but let us state that January, 1790, was not the end of the process, nor has the process been completed by this state. Structure had to come first, before spirit. John Adams was the architect of the Massachusetts Constitution of 1780, the only state constitution from that period still in use. James Madison and Alexander Hamilton called attention in the federalist papers, to the beauty of their machine, the Constitution of the United States. But, it was Jefferson, who breathed the democratic spirit into what they had fashioned and in the 20th century, no one has done more than Martin Luther King to enhance that dream. The great theme in the history of South Carolina has been the forging of one people. In an address, which I delivered from this same podium, on History Day in 1986, an address entitled, 'Who Is A South Carolinian?', I pointed out that by the 1820's, all those ethnic groups that had come to South Carolina in the 17th and 18th centuries, the English, the Scotch, the Welsh, the Scotch-Irish, the French-Huguenots, the Germans had merged into the South Carolinian and studies show that by the same decade the various ethnic groups that had been brought from Gambia, the Gold Coast, the Niger Delta, Angola, Madagascar had merged into the black South Carolinian. Since the 1820's, we have been working to make the white and the black South Carolinians into one people. We have come a long way. Believing so deeply that this has been the central theme of our history, that when I was asked to write a brief sketch of the history of the state for an encyclopedia of southern history, I concluded that essay with these words, 'but it is in the blending of the old and the new, that the state takes its greatest pride, its past which has interwoven the lives of blacks and whites, and its bright future in the sunbelt seem to be marking South Carolina as a place to watch and an example of mutuality in modern living.' These themes permeate all that I have written on South Carolina. Let me show you how the two events that we celebrate today helped in this long running process. The decision made in 1786 to move the capital of the state helped to lessen the tensions between the up country and the low country. The low country was an elite of rice planters and very shortly, of sea island cotton planters, as well as the commercial elements of Charleston. The up country was recently settled largely by people who had come from the northward, from Pennsylvania and Virginia. They were small farmers, who in Pennsylvania had grown wheat, and in Virginia, tobacco. They did not have churches, nor institutions of government, nor schools and colleges. South Carolina Constitution of 1778 just established the Anglocan Church, based all protestant congregations on the same footage. Being the 1780's, congregations throughout the state were incorporated. In 1785, the state was divided into counties and the same year, three colleges were incorporated, one in Charleston, one in Winnsboro, and one in Ninety-Six. How did those living in the interior, nor did those living in those in the interior have equal, easy access to market for their produce. So, in 1786, a group of men chartered the Santee Canal Company to link the Santee River System to the Cooper River. The decision to move the capital to the interior was part of this larger plan. In 1786, commissioners were appointed to survey the site that had been selected for the new town on the banks of the Congaree. By February 28, 1789, the House decided that the records of the government should be moved from Charleston to Columbia. On May 29, 1789, the commissioners had been appointed to supervise the building of a new state house, a mansion for the governor, and stated that these buildings would be ready in two months. On October 29, they certified to the governor that the work had been completed. On November 2, Governor Charles Pinckney issued a proclamation to notify the Secretary of State that the surveyor general, the commissioners of the treasury, and the auditor general, that they would prepare themselves together, with all the records and documents and papers, belonging to their respective offices to be moved on the first day of December next to Columbia. By the same proclamation, he summoned the honorable members of the Senate and the House of Representatives to convene at the said town of Columbia on the first Monday in January next, that being the day to which their presence stand adjourned. The first order of business on Monday, January 4, according to the House, was the reading of Governor's proclamation. By Wednesday, January 6, there were 83 members present, a number sufficient to make a House. Legislative sessions have been held in Columbia ever since. Alexander Gibbon, commondore of the friget South Carolina, who had served as one of the commissioners to lay out the new town placed before the House on January 9, the plan of the town with the names of the squares and streets therein. The state house had been placed on the square at the conjunction of the streets which had been named Senate and Assembly. The other great task of the 1780's was to create a nation that would have endured. The leaders of South Carolina were determined to have a strong central government, their ablest men were sent to the convention in Philadelphia in the summer of 1787, joining with others to draw up the Constitution of the United States. John Rutledge, the leader of the delegation, was chosen to be chairman of the Committee of Detail, which took the various plans that Eben presented and shaped them into one document. When the delegates returned home, they were determined to work for the ratification of the documents in South Carolina. There was no doubt there would be a ratification convention, but Charleston was selected as the place where it would convene by a vote of 76-75, which indicates the decision in 1786 to move the capital was not taken without opposition. That convention was held in Charleston in the Old Exchange Building on Broad St. during the month of May, 1788. The up country members, who were generally opposed to ratification, were vigorously led by Thomas Sumter. Sumter moved on May 21 to postpone further discussion until October, a delaying tactic. The motion was defeated by a vote of 135 to 89. On the next day, the chair appointed a committee to bring in amendments to the Constitution. This undoubtedly was a measure to satisfy up countrymen who feared this new strong central government and wanted a Bill of Rights. The chair appointed Edward Rutledge, aspiror of the Declaration of Independence, to be chairman of the committee. Edward Rutledge reported amendments the same day, which indicates the efficiency with which the convention was managed. The amendments dealt with structural matters, not with the rights of citizens. John Bowman asked that a committee be appointed to draw up a Bill of Rights, be proposed to the amendments to the Constitution and his motion passed in the negative. The convention immediately voted to ratify the Constitution by a vote of 149 to 73. The day was May 23, 1788. By the end of the summer of 1788, the Constitution had been ratified by 11 of the states, all but Rhode Island and North Carolina. Therefore, it was time to set the new government in motion. At Philadelphia, the South Carolina Delegation had wanted congressman to be elected by the state legislatures, which in South Carolina at that time, would have favored the low country. South Carolina lost that battle. Elections to the National House would be by districts. Thus, on November 4, 1788, the state legislature created five congressional districts. William Lawton Smith was elected from the Charleston district, Danial Huger represented the Georgetown district, Edinus Burk, the Buford-Orangeburg district, Thomas Sumter, the Pee Dee district and Thomas Todataca, the Ninety-Six district. Smith and Huger were low countrymen. The other three were to reflect the interest of the up country. At the first congress of the United States, which met in New York during the summer of 1789, James Madison introduced amendments which were composites of the amendments recommended by the various states. During the debates, Thomas Todotaca wanted to add to the first amendment, the right of the people to instruct their representatives. That was defeated. Edinus Burk offered the thought that the standing army of regular troops in time of peace were dangerous to public liberty and that was defeated. Thomas Sumter, who by the way, always went to congress overland, as he refused to ever set foot in Charleston, wanted to alter the quartering call, to make it prohibited in war as well as in peace, to quarter soldiers among the people, and that was defeated. Ultimately, congress adopted 12 amendments. They sent them out to the states for consideration. To be adopted, three-fourths of the states had to approve. It was therefore, necessary for Governor Pinckney to present to the newly assembled legislature, in January, 1790, a resolution that he had received from President George Washington, proposing amendments to the Constitution. These amendments, that Pinckney wrote, are proposed as congress declared, in consequence of the number of states having at the time of the adopting of the constitution, expressed a desire in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added. Note that these amendments were and are restrictions upon the federal government, not upon the states. At the same time, Governor Pinckney presented a concurrent resolution of both branches of the New York legislature asking for another convention of deputies of the several states to revise and amend the Federal Constitution. This movement for a second constitutional convention indicated that the United States government was still a very fragile thing. As the call for another convention might undermine all that had been done. If the states did not ratify the amendments, then Rhode Island and North Carolina might not ratify the Constitution and thus, the union would not be complete. January 18, without any debate, there was no mention of such in the journal, nor in the newspapers. South Carolina adopted the twelve amendments and at the same time, refused to consider the request of New York for a second convention. June of 1790, Rhode Island ratified the Constitution. Washington, in the fall, paid that state a visit to welcome it into the union. When North Carolina later ratified, Washington planned a visit to the south to welcome that state into the union. On that southern tour, President George Washington also visited South Carolina. He was in Columbia on May 23, 1791. I think that must have been planned because that was the third anniversary of the ratification of the Constitution by South Carolina. He greeted 60 ladies in the assembly room and 153 gentlemen in the senate room. Then they all sat down together. There were 15 toasts. First, was to the United States. Second, was to South Carolina. Fifth, was to the 23rd of May, 1788. Without Washington, we might not have had a nation, and we say the same about Gorbachev and the newly emerging Russian nation. I would like to emphasize that with Washington, it was a matter of character. Washington was brought up on reading about great antique heroes. One final thought about those first eight amendments which make up the Bill of Rights. They were restrictions upon the federal government. They were not restrictions upon the states. There were to be important changes to the Constitution after the civil war, the addition of the 13th, 14th and 15th amendments. The 13th freed the slaves, the great unfinished business of the revolutionary period. The 14th was designed to protect the civil rights _[STOPN]3of the freed men from state actions. But what were these restrictions upon the states. Essentially the first eight amendments ratified by South Carolina in 1790. It was not until 1926 that the Supreme Court of the United States began to read the first eight amendments into the 14th amendments and they have never done that except on a peace deal bases. Our story, therefore, has been a long one. One that is not finished. May we look at Russia today, in the midst of her trouble. We will not rush to hasty comments, but think of how long it took us."

Senator COURSON read a resolution commending Jack C. Hanna of the South Carolina Bar Association for his excellent support of and assistance to the United States Constitution Bicentennial Commission of South Carolina during the constitution bicentennial era.

Former Senator MORRAH then presented the President of the Senate, Lt. Governor Nick Theodore, and the Speaker of the House of Representatives, Bob Sheheen, with a plaque commemorating the celebration of the bicentennial of the United States Constitution.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate receded until 6:45 P.M.

NIGHT SESSION

The Senate reassembled at 6:45 P.M. and was called to order by the PRESIDENT.

JOINT ASSEMBLY
ADDRESS BY THE GOVERNOR

At 7:00 P.M., the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the House read the Concurrent Resolution:

H. 4252 -- Rep. Sheheen: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 17, 1990.

The Honorable Carroll A. Campbell, Jr., and members of his party, were escorted to the rostrum by Senators MATTHEWS, SHEALY, HORACE C. SMITH and HINDS and Reps. Haskins, Short, K. Bailey and Simpson.

The PRESIDENT of the Senate introduced The Honorable Carroll A. Campbell, Jr., Governor of the State of South Carolina.

The Governor addressed the Joint Assembly as follows:

"MR. PRESIDENT, MR. SPEAKER, MEMBERS OF THE GENERAL ASSEMBLY, THE CONSTITUTIONAL OFFICERS, CHIEF JUSTICE, THE SUPREME COURT, FELLOW SOUTH CAROLINIANS...IT IS MY PRIVILEGE TO COME TO YOU FOR THE FOURTH TIME TO GIVE YOU MY ANALYSIS OF THE STATE OF THE STATE. REALLY, WHAT I CAME HERE FOR WAS TO ASK SOME OF THE MEMBERS OF THE LEGISLATURE TO GO HUNTING WITH ME. THERE WAS NEVER A YEAR LIKE 1989. NOT 1865, WHEN GOVERNOR BENJAMIN F. PERRY LAMENTED, 'THERE IS SCARCELY A HOUSE IN WHICH THERE HAS NOT BEEN WEEPING FOR SOMEONE LOST.' AND NOT 1926, WHEN LIEUTENANT GOVERNOR E. B. JACKSON WARNED OF 'THE STERN REALITY OF POVERTY' FACING SOUTH CAROLINA. OUR STATE HAS KNOWN CRISIS. BUT THE TRAGEDY THAT BEFELL SOUTH CAROLINA LAST YEAR WAS UNIQUE BECAUSE IT CAME NOT FROM THE IMPERFECT NATURE OF MAN, BUT THE PERFECT MYSTERY OF NATURE. IT WILL FOREVER BE REMEMBERED AS THE YEAR THAT HUGO HIT, THE LARGEST NATURAL DISASTER EVER HANDLED BY THE RED CROSS OR THE FEDERAL GOVERNMENT. HOWEVER, REMEMBERING 1989 AS TRAGEDY WITHOUT TRIUMPH WOULD ILL SERVE THE MEN AND WOMEN IN THIS CHAMBER TONIGHT WHOSE DEDICATION, VISION AND LEADERSHIP TOOK SOUTH CAROLINA THROUGH THE CLOUDS IN SO MANY WAYS. WE RANKED NEAR THE TOP OF THE NATION IN ECONOMIC GROWTH, JOB CREATION AND INCOME GROWTH. IT WAS A YEAR THAT RECORDED OUR SECOND BEST ECONOMIC DEVELOPMENT PERIOD EVER. WE RENEWED EDUCATION VITALITY WITH TARGET 2000 AND FIVE SOUTH CAROLINA SCHOOLS RANKED AMONG THE BEST IN THE COUNTRY IN ACADEMIC ACHIEVEMENT CONTESTS. IN 1989, WE JUST SAID NO TO RADIOACTIVE WASTE FROM THE WEST AND HAZARDOUS WASTES FROM STATES TRYING TO DUCK RESPONSIBILITY. YES, 1989 WAS THE YEAR WHEN HUGO BATTERED. BUT IT WAS ALSO THE YEAR WHEN HOPE BLOSSOMED IN SO MANY WAYS. WE'VE HAD OUR MOMENTS, YOU AND I, BUT NO GOVERNOR HAS EVER BEEN PRIVILEGED TO SERVE WITH A FINER GROUP OF LAWMAKERS AND I THANK YOU. I LEARNED A LOT LAST YEAR. I HAD TO MAKE DECISIONS FEW GOVERNORS HAVE EVER HAD TO MAKE AND I HOPE NO OTHER GOVERNOR EVER HAS TO MAKE THEM AGAIN. DECISIONS TO ORDER PEOPLE FROM THEIR HOMES. DECISIONS TO ROLL OUT THE TROOPS AND CALL IN THE MILITARY. DECISIONS THAT COULD SAVE LIVES, OR LOSE LIVES. THE LONELIEST TIME OF MY LIFE WAS AFTER WE EVACUATED THE COAST AND BEFORE THE STORM HIT. WE HAD DONE EVERYTHING WE COULD TO PROTECT PEOPLE AND PROPERTY. THE NEXT MOVE WAS HUGO'S. I REMEMBER GETTING CALLS OF ENCOURAGEMENT FROM SEVERAL OF YOU DURING THOSE NIGHTMARISH HOURS, AND I APPRECIATE IT. I RECALL GETTING ON THE HELICOPTER THE NEXT MORNING AND FLYING DOWN THE LOWER COAST, LANDING AT CHARLESTON AND THEN UP THE COAST AND LANDING IN McCLELLANVILLE AND OTHER COMMUNITIES ALONG THE WAY. AND I REMEMBER NOT BEING PREPARED FOR THE DEVASTATION I SAW FROM THE COAST TO THE MIDLANDS TO THE UPSTATE. WE HAVE NEVER KNOWN SUCH FORCE. BUT I SAW ANOTHER FORCE AT WORK. IT WAS THE FORCE OF CHARACTER AND COURAGE AND SPIRIT. PEOPLE HELPING EACH OTHER. PEOPLE RISKING THEIR LIVES TO SAVE OTHERS. PEOPLE WORKING DAYS WITHOUT SLEEP TO GET THE JOB DONE. I SAW LEGISLATORS AND MAYORS AND COUNTY COUNCILMEN OUT THERE IN THE MUD HELPING. I SAW LAW ENFORCEMENT AND STATE EMPLOYEES OF EVERY LEVEL PITCHING IN. I SAW THE CHURCHES MOBILIZE AND THE VOLUNTEERS GO INTO ACTION. I SAW THE SPIRIT OF SOUTH CAROLINA COME ALIVE, BREAKING DOWN THE FALSE BARRIERS THAT DIVIDE US, REINVIGORATING ME WITH THE PRIDE OF BEING GOVERNOR OF THE GREATEST PEOPLE ON THE FACE OF THE EARTH. ONE IMAGE SYMBOLIZES THIS SPIRIT, CORPORAL HENRY STACKHOUSE, A STATE WILDLIFE CONSERVATION OFFICER FROM AWENDAW, WAS NAMED CONSERVATION OFFICER OF THE YEAR. THE NEXT WEEK HE LOST HIS HOME AND POSSESSIONS TO HUGO. BUT HE CONTINUED WORKING. SUCH WAS HIS DEDICATION TO HELPING OTHERS THAT HE DID NOT FIND OUT THE EXTENT OF HIS PERSONAL LOSS FOR THREE DAYS. HE PUT OTHERS ABOVE SELF; PUBLIC DUTY OVER PRIVATE LOSS. HE IS A TRUE HERO. IT IS MY PLEASURE TO INTRODUCE TO YOU CORPORAL HENRY STACKHOUSE, WHO HAS JOINED US TONIGHT IN THE GALLERY. THE SPIRIT OF SOUTH CAROLINA AS EXEMPLIFIED BY HENRY STACKHOUSE IS THE UNCONQUERABLE FORCE WHICH WILL PROPEL US PAST THE NINETIES INTO THE YEAR 2000. LET US DEDICATE THE FIRST YEAR OF THE NEW DECADE TO NURTURING THIS REKINDLED SPIRIT. LET US AGREE THAT IF WE CAN OVERCOME THE GREATEST NATURAL DISASTER IN OUR HISTORY, THEN SURELY WE CAN CONQUER THE STORMS OF MEDIOCRITY, IGNORANCE AND INTOLERANCE AND THIS SHOULD BE THE GOAL OF THE PEOPLE OF THE STATE OF SOUTH CAROLINA. I'VE ESTABLISHED AN ECONOMIC RECOVERY COMMISSION TO EXAMINE THE BIG POST-HUGO PICTURE. AREAS BEING ADDRESSED ARE TOURISM, AGRICULTURE, FORESTRY, MARINE RESOURCES, MANUFACTURING AND COMMERCIAL SERVICES, HEALTH AND HUMAN SERVICES AND LOCAL GOVERNMENT. FINAL RECOMMENDATIONS WILL BE READY BY MARCH FIRST. BUT WE KNOW THERE IS WORK TO DO. SOUTH CAROLINA SUFFERED AT LEAST A SIX BILLION DOLLAR SETBACK. IT COULD HAVE BEEN WORSE MUCH WORSE. BUT PRESIDENT BUSH FORGAVE US A DEBT OF 40 MILLION DOLLARS, AND GAVE US MORE THAN 70 MILLION DOLLARS FROM DISCRETIONARY FUNDS. AS FAR AS I'M CONCERNED, THE PRESIDENT PUT HIS MONEY WHERE HIS MOUTH WAS AND SOUTH CAROLINA IS GRATEFUL FOR EVERYTHING HE DID. BUT WE STILL OWE ABOUT 40 MILLION DOLLARS. WE COULD RAISE IT BY RAISING TAXES BUT YOU DON'T DO THAT TO HURTING PEOPLE. WE COULD CUT THE BUDGET FOR EDUCATION OR MENTAL HEALTH OR ENVIRONMENTAL PROGRAMS. WE SHOULDN'T DO THAT. THERE'S ONLY ONE LOGICAL ANSWER. I SAID LAST YEAR WE SHOULDN'T HAVE ANOTHER BOND BILL UNLESS WE HAVE AN EMERGENCY. LADIES AND GENTLEMEN, WE HAVE THE EMERGENCY. I DON'T LIKE IT AND I KNOW YOU DON'T EITHER. BUT A BOND BILL STRICTLY DEDICATED TO HUGO EXPENSES IS BETTER THAN TAX INCREASES OR CUTS IN EDUCATION AND I ASK YOU TO CONSIDER IT. BUT WHAT ABOUT OTHER PARTS OF THE ECONOMY? TOURISM WAS HIT HARD. WE NEED TO GET THE WORD OUT THAT TOURISM IS BACK, AND THAT SOUTH CAROLINA BEACHES AFTER HUGO ARE BETTER THAN OTHER RESORTS THAT HAVEN'T EVEN SEEN A BREEZE. TOURISM IS A NEARLY A FIVE BILLION DOLLAR BUSINESS. THE DOLLARS PAY FOR EDUCATION AND OTHER VITAL SERVICES FOR EVERY CITIZEN. ERODED BEACHES DISPLACE MORE THAN SAND: THEY DISPLACE JOBS; THEY DISPLACE THE HOPES AND DREAMS OF A STATE THAT RELIES UPON THE REVENUE THEY PRODUCE. RIGHT AFTER THE HURRICANE, THE STATE OF SOUTH CAROLINA UNDERTOOK AN INCREDIBLY COMPLEX BEACH RENOURISHMENT PROGRAM AND BUILT AN EMERGENCY SAND DUNE DOWN THE COAST 40 MILES LONG. BUT IT WON'T HOLD FOREVER. NOW IS THE TIME TO FACE THE FACT THAT WE CAN NO LONGER TOLERATE HELTER-SKELTER COASTAL DEVELOPMENT WITHOUT DISASTROUS CONSEQUENCES. I'M ASKING FOR TWO THINGS. FIRST, FOR YOU TO COMPLETE WORK ON AMENDMENTS TO THE BEACHFRONT MANAGEMENT ACT, KEEPING IN MIND THAT VERTICAL SEAWALLS MUST EVENTUALLY COME DOWN. AND SECOND, SET UP A COASTAL TRUST FUND TO BUY COASTAL LANDS THAT CANNOT BE BUILT ON BECAUSE OF STATE LAW OR REGULATION. THIS WOULD GIVE THE OWNERS FAIR COMPENSATION FOR THEIR LAND. IT WOULD GIVE MORE PUBLIC ACCESS TO THE BEACHES, AND, MOST IMPORTANTLY, IT WOULD INSURE THAT FUTURE GENERATIONS WILL HAVE THE TREASURE THAT WAS ALMOST DESTROYED BY MAN AND NATURE. WE LEARNED SOME THINGS FROM HUGO. WE LEARNED THAT MOST STRUCTURES WHICH MET STRINGENT BUILDING CODES GENERALLY CAME THROUGH WITH LESS DAMAGE. THAT TELLS ME WE NEED LOCAL ADOPTION OF A STATEWIDE BUILDING CODE BY LINKING CERTIFICATION OF BUILDING OFFICIALS TO CODE ADOPTION. WE LEARNED OUR EMERGENCY COMMUNICATION SYSTEM IS NOT WHAT IT SHOULD BE, SO WE ARE ENTERING INTO AGREEMENT TO INSTALL A SYSTEM WITH UNDERGROUND FIBER OPTICS TO SECURE EMERGENCY COMMUNICATIONS. WE LEARNED THAT OUR BACKUP GENERATORS WERE NOT WHAT THEY SHOULD BE FOR HOSPITALS AND BROADCAST MEDIA. LOCAL OFFICIALS IN SOME CASES WERE UNFAMILIAR WITH EMERGENCY PROCEDURES AND THE ASSISTANCE AVAILABLE AT THE FEDERAL LEVEL. OUR EMERGENCY EVACUATION PLAN NEEDS STRENGTHENING. TODAY I SIGNED AN EXECUTIVE ORDER CREATING THE EMERGENCY MANAGEMENT REVIEW PANEL. THIS PANEL, COMPOSED OF EXPERTS INSIDE AND OUTSIDE THE STATE, WILL REVIEW WHAT HAPPENED AND WHY, AND MAKE RECOMMENDATIONS ON STRENGTHENING EMERGENCY MANAGEMENT. BUT I WANT TO SAY SOMETHING BEFORE GOING ON: SOUTH CAROLINA FACED A CRISIS OF UNHEARD OF PROPORTIONS. WE CAN AND WE WILL BE BETTER PREPARED IF, GOD FORBID, WE EVER HAVE TO DO IT AGAIN. BUT THE FACT THAT DEATHS WERE KEPT AT A MINIMUM SPEAKS VOLUMES FOR THE EFFORTS OF STATE AND LOCAL EMPLOYEES AND PUBLIC OFFICIALS. THEY SAVED LIVES AND THAT'S THE BOTTOM LINE. SO TOURISM IS BACK UP. INDUSTRIES ARE BACK FOR THE MOST PART. THE FARMERS WERE HURT. RECOVERY WILL TAKE LONGER BECAUSE OF LOST CROPS AND DESTROYED EQUIPMENT, MUCH OF WHICH WAS NOT INSURED. WE LOST MORE TIMBER THAN WAS LOST IN THE YELLOWSTONE NATIONAL PARK FIRES AND MOUNT ST. HELENS. SOUTH CAROLINA IS THE 10th LARGEST TIMBER-PRODUCING STATE IN THE UNION AND WE ARE HAVING TO REBUILD AND REPLANT. WE CAN REBUILD FACTORIES AND HOUSES IN SHORT ORDER, BUT IT TAKES GOD YEARS TO GROW A GIANT OAK AND WE CAN'T HASTEN THE PROCESS. TO THIS END, THE FACT THAT WE PASSED A CAPITAL GAINS DIFFERENTIAL WILL HELP. THERE HAS TO BE HELP FOR THOSE WHO MADE LONG-TERM INVESTMENTS, AND WE MAY NEED TO DO MORE. THE MOST IMPORTANT DECISION YOU MAKE EVERY YEAR IS THE BUDGET. A HALLMARK OF SOUTH CAROLINA HISTORY IS RESPONSIBLE STEWARDSHIP A TRADITION THAT I KNOW YOU WILL CONTINUE. LAST YEAR YOU ADOPTED IN ESSENCE A TWO-YEAR BUDGET. ANNUALIZING SPENDING COMMITMENTS, CONTINUING OUR COMMITMENT TO EDUCATION AND COMPLYING WITH FEDERAL MANDATES EVAPORATE THE 175-MILLION NEW DOLLARS GIVEN IN THE NOVEMBER ESTIMATE. RESPONSIBLE STEWARDSHIP DICTATES A TIGHT FIST, NOT LOOSE PROMISES. AT THE REQUEST OF REPRESENTATIVE McLELLAN, SENATOR WADDELL, MR. MORRIS AND MR. PATTERSON, I AGREED NOT TO SUBMIT AN EXECUTIVE BUDGET SO IN THIS UNUSUAL YEAR WE COULD DRAFT A CONSENSUS BUDGET. WE MADE EDUCATION OUR PRIORITY. FIFTY-FIVE PERCENT OF ALL NEW MONEY WAS EARMARKED FOR EDUCATION. THE BOARD OF ECONOMIC ADVISORS WILL ISSUE A FINAL REVENUE ESTIMATE BY FEBRUARY 15th. IF YOU HAVE MORE REVENUE THAN WAS AVAILABLE TO THE BUDGET AND CONTROL BOARD, I RECOMMEND FOUR PRIORITIES. FIRST, MORE REPLACEMENT SCHOOL BUSES AND TEXTBOOKS FOR OUR CHILDREN AND ADDITIONAL FUNDING FOR TARGET 2000. SECOND, MORE MONEY FOR HIGHER EDUCATION BECAUSE EDUCATION DOESN'T STOP AT THE 12th GRADE AND NEITHER SHOULD WE. THIRD, A BETTER PAY RAISE FOR STATE EMPLOYEES BECAUSE THEY DESERVE IT. FOURTH, MORE CORRECTIONS OFFICERS AT BOTH CORRECTIONS AND YOUTH SERVICES BECAUSE WE OWE IT TO THE PUBLIC AND THE EMPLOYEES TO PROTECT THEM. THERE ARE OTHER FISCAL MATTERS, SUCH AS THE SERIOUS PROBLEMS WITH THE STATE RETIREMENT FUND AND TREATMENT OF RETIREES IN THE TAX LAWS. WE MUST ADDRESS THIS ISSUE AND I CALL UPON YOU TO WORK WITH ME TO FIND A WAY IN WHICH ALL RETIREES WILL BE TREATED EQUALLY AND FAIRLY UNDER THE TAX LAWS OF SOUTH CAROLINA. I'VE HEARD SOME SUGGEST THAT OUR NEEDS ARE SO GREAT THAT WE OUGHT TO PUT ON ANOTHER PENNY SALES TAX. I'VE HEARD OTHERS SAY LET'S ELIMINATE THOSE INCOME TAX CUTS THAT TAKE EFFECT THIS YEAR. MY RESPONSE IS THIS: SOUTH CAROLINA'S ECONOMY IS SOUND. OUR ECONOMY IS GROWING. STATE GOVERNMENT DOES NOT NEED A GENERAL TAX INCREASE, BUT THE PEOPLE DO NEED MODEST INCOME TAX CUTS. THAT'S WHAT WE PROMISED AND IT'S WHAT WE'D BETTER DELIVER. YOU KNOW, THE DAY AFTER HUGO, WE WERE FLYING OVER McCLELLANVILLE AND SAW SOME PEOPLE OUTSIDE A SCHOOLYARD DESPERATELY WAVING FOR HELP. WE LANDED THE HELICOPTER IN A FLOODED FIELD AND FOUND SEVERAL DOZEN MEN, WOMEN AND CHILDREN STRANDED. THEY TOLD ME OF THEIR NIGHTMARE. THEY TOOK REFUGE IN A SCHOOL, BUT THEN CAME THE SURGE TIDE. AS THE WATER ROSE, THE ADULTS GOT ON THE TABLES AND LIFTED THE CHILDREN OVER THEIR HEADS TO PROTECT THEM. THE ADULTS WERE WILLING TO SACRIFICE EVERYTHING FOR THEIR CHILDREN. THAT'S PRETTY MUCH THE SOUTH CAROLINA WE ALL KNOW. THE SCHOOLS SHOULD BE A PLACE OF REFUGE AGAINST THE SURGE TIDES OF IGNORANCE AND POVERTY. WE MUST CONTINUALLY PUSH OUR CHILDREN HIGHER AND HIGHER, SACRIFICING WHATEVER WE MUST ALONG THE WAY, FOR THAT THING THAT WE CALL OPPORTUNITY. TEACHERS ARE THE FRONT LINE OF OPPORTUNITY. THE CHILDREN'S TRUST FUND ASKED CHILDREN ACROSS THE STATE TO WRITE DOWN THEIR WISHES TO PLACE IN A HOPE CHEST. FIVE-YEAR-OLD JAMISON RANDOLPH WROTE, 'I WISH I COULD BE A TEACHER.' I WANT TO TELL JAMISON THAT HIS GOAL IS NOBLE. I WANT TO TELL YOU THAT WE NEED TO HELP JAMISON AND OTHERS FULFILL THEIR DREAMS BY MAINTAINING OUR TEACHERS' SALARIES AT THE SOUTHEASTERN AVERAGE. BUT WE MUST DO MORE. WHILE WE HAVE MANY OUTSTANDING TEACHERS, PROSPECTIVE TEACHERS HAVE AMONG THE LOWEST SAT SCORES OF ALL COLLEGE FRESHMEN, AND TOO FEW OF OUR BEST STUDENTS ARE PLANNING TO TEACH. I AM THEREFORE PROPOSING A TEACHER'S SCHOLARSHIP PROGRAM WHERE OUTSTANDING STUDENTS WOULD RECEIVE A SCHOLARSHIP IN RETURN FOR A COMMITMENT TO TEACH FOR A MINIMUM OF FIVE YEARS IN SOUTH CAROLINA'S PUBLIC SCHOOLS. THE FEDERALLY-FUNDED DOUGLAS SCHOLARSHIPS ARE AVAILABLE. BUT THIS YEAR, OUT OF 175 ELIGIBLE NEW APPLICANTS, THE PROGRAM HAD SUFFICIENT MONEY TO FUND ONLY 18. I AM ASKING THAT ONE MILLION DOLLARS IN EIA FUNDS RECOMMENDED BY THE BUDGET AND CONTROL BOARD FOR THE TEACHER LOAN PROGRAM BE DESIGNATED FOR THIS SCHOLARSHIP. I WILL ALSO ASK OUR BUSINESS LEADERS AND OUR COLLEGE AND UNIVERSITY PRESIDENTS TO COMMIT FUNDS TO EXPAND THE NUMBER OF SCHOLARSHIPS. WHEN FULLY IMPLEMENTED, THIS SCHOLARSHIP PROGRAM WOULD ENCOURAGE AT LEAST 200 OF OUR VERY BEST STUDENTS TO BECOME TEACHERS EVERY FOUR YEARS. DEEP CONCERN OVER OUR DROPOUT RATE PROMPTED ME TO ESTABLISH THE COUNCIL ON AT-RISK YOUTH -- PERHAPS OUR MOST VEXING PROBLEM IN EDUCATION. WE LOSE NEARLY ONE OF EVERY THREE STUDENTS BEFORE GRADUATION. IT'S A BREEDING GROUND FOR CRIME, DELINQUENCY AND WELFARE. I ASK YOU TO HEED THE COUNCIL'S REPORT, AND PAY PARTICULAR ATTENTION TO THE RECOMMENDATIONS ON TEACHING LOW INCOME MOTHERS PARENTING SKILLS, AND IMPROVING THE SKILLS OF TEACHERS AND COUNSELORS WHO WORK WITH AT-RISK YOUTH. WE CAN'T SOLVE THE PROBLEM OVERNIGHT, BUT NEITHER CAN WE PRETEND IT DOESN'T EXIST. AT-RISK YOUTH PUT OUR ENTIRE STATE AT RISK AND THIS WE CANNOT TOLERATE. LADIES AND GENTLEMEN, WE HAVE UNANTICIPATED BUDGET PROBLEMS. BUT WE SHALL NOT LET THE WINDS OF HUGO DIM THE FLAME OF REFORM THAT BURNS BRIGHTLY IN SOUTH CAROLINA BECAUSE THE CHILDREN STILL COME FIRST. TO THIS END SALES TAX REVENUE, THE FUNDING SOURCE FOR THE EDUCATION IMPROVEMENT ACT, IS INCREASING DRAMATICALLY. IN NOVEMBER AND DECEMBER, REVENUE WAS UP 18 PERCENT AND 34 PERCENT OVER THE SAME TWO MONTHS IN 1988. THE EIA FUNDING SOURCE IS GROWING FASTER THAN ANYTHING ELSE. NOW IS THE TIME TO ADDRESS IMPOSING SCHOOL BUILDING PROBLEMS. I'M MAKING TWO PROPOSALS. FIRST, I PROPOSE INCREASING THE BOND DEBT LIMIT FOR COUNTIES FROM EIGHT TO 12 PERCENT. SECOND, LET US BROADEN THE MANDATE OF THE EDUCATION FACILITIES AUTHORITY UNDER THE BUDGET AND CONTROL BOARD TO PACKAGE PUBLIC SCHOOL CONSTRUCTION BONDS FROM SEVERAL SCHOOL DISTRICTS. THE STATE SHOULD SERVICE FIFTY PERCENT OF THE COST OF THESE BONDS BY SETTING ASIDE AT LEAST TEN MILLION DOLLARS OF EIA FUNDS FOR THIS PURPOSE. EACH DISTRICT WOULD BE REQUIRED TO PAY FIFTY PERCENT OF THE COST OF THEIR OWN BONDS TO PARTICIPATE. BY DOING THIS WE WILL LOWER THE COST OF SCHOOL BONDS AND BE ABLE TO BUILD AT LEAST 200 MILLION DOLLARS OF BADLY NEEDED SCHOOLS. MEETING SCHOOL CONSTRUCTION NEEDS WAS PROMISED IN THE ORIGINAL EIA PROPOSAL BUT NEVER HAPPENED. I'M SAYING LET'S MAKE IT HAPPEN THIS YEAR. EDUCATION AND JOBS REMAIN THE KEY TO SOLVING MOST OF THE PROBLEMS WE ARE FACING. LET ME GIVE YOU TWO IMPRESSIVE STATISTICS: 170 THOUSAND NEW JOBS HAVE BEEN CREATED SINCE 1987. NEW AND EXPANDED INVESTMENT OVER THE SAME TIME TOTALS 8.9 BILLION DOLLARS, NEARLY DOUBLE THE THREE YEARS BEFORE THAT. NEVER HAS THERE BEEN MORE COOPERATION BETWEEN THE LEGISLATIVE AND EXECUTIVE BRANCHES OF GOVERNMENT THAN IN THE AREA OF JOB CREATION, AND THE NUMBERS PROVE IT. FOR INSTANCE, I ASKED YOU FOR LEGISLATION CREATING A SEED CAPITAL FUND. YOU APPROVED IT, AND I'M PLEASED TO TELL YOU THAT THE FUND UNDER JOHN WARREN'S DIRECTION HAS RAISED 12 MILLION DOLLARS IN PRIVATE MONEY TO HELP BUSINESSES GET STARTED. BUT WHAT ABOUT THE FUTURE? IN LATE 1987, YOU CHARGED THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT WITH THE RESPONSIBILITY OF PRODUCING A LONG-RANGE STRATEGIC PLAN FOR THE STATE. THE RESULT IS AN IMPRESSIVE COLLECTION OF 26 BROAD STRATEGIES AND 58 SPECIFIC INITIATIVES FOR ECONOMIC DEVELOPMENT. I AM PLEASED TO TELL YOU THAT THE AGENCIES RESPONSIBLE FOR EXECUTING THIS STRATEGIC PLAN HAVE BEGUN IMPLEMENTING ALMOST HALF OF THE INITIATIVES. WE HAVE THE PLAN. WE HAVE THE MOMENTUM. WE HAVE THE COMMITMENT. THERE'S NO REASON IN THE WORLD WHY SOUTH CAROLINA CAN'T MEET THE 21st CENTURY ON TOP IN EDUCATION, PUBLIC AND HIGHER, WITH A TOP GOVERNOR'S SCHOOL FOR MATH AND SCIENCE COMPLEMENTED BY A YEAR ROUND SCHOOL FOR THE ARTS. THERE'S NO REASON WHY WE CAN'T BE FIRST IN JOB CREATION, FIRST IN QUALITY OF LIFE, FIRST IN VISION AND MORAL LEADERSHIP. IT CAN BE DONE. IT SHOULD BE DONE. IT WILL BE DONE. TWO YEARS AGO, I CREATED THE INITIATIVE FOR WORK FORCE EXCELLENCE. IT IS WORKING. SEQUA CHEMICAL DETERMINED ITS EMPLOYEES NEEDED BETTER BUSINESS WRITING SKILLS. COMPANY OFFICIALS, WORKING WITH THE STATE, DEVELOPED A FIVE-WEEK BUSINESS WRITING PROGRAM. 'SIX MONTHS LATER,' WRITES COMPANY VICE-PRESIDENT JACK CABREY, 'THE RESULTS ARE OBVIOUS. THE QUALITY OF WRITING HAS TAKEN A VERY NOTICEABLE STEP FORWARD, AND THE CONFIDENCE AND MORALE OF THOSE WHO ATTENDED THE CLASSES REMAIN VERY HIGH.' EDUCATION IS A LIFELONG PROCESS. WE HAVE RECOGNIZED THIS IN RECENT YEARS IN WHAT WE HAVE DONE NOT ONLY WITH PUBLIC EDUCATION, BUT HIGHER, TECHNICAL AND ADULT EDUCATION. IT IS THIS PHILOSOPHY WHICH WILL GIVE US THE WORKER PRODUCTIVITY SO NECESSARY TO PUT US ON TOP AND KEEP US THERE. I THINK WE CAN ALL AGREE THAT NOBODY'S HAPPY WITH EFFORTS ON AUTO INSURANCE REFORM. THAT'S LIKELY THE ONLY THING WE ALL CAN AGREE ON. IN 1987 WE TOOK SOME POSITIVE BEGINNING STEPS. WE FOLLOWED UP WITH THE SAFER HIGHWAYS ACT WHICH, IN THE LONG RUN, WILL MITIGATE RATES TO SOME DEGREE AND SAVE LIVES. LAST YEAR YOU ADOPTED OTHER MEASURES. NOW I'M HEARING TALK OF NO-FAULT. I'LL MAKE YOU THIS PROPOSAL: I'LL EITHER SEND UP A BILL OR HELP WRITE IT PROVIDED THAT WE AGREE ON A NO-FAULT BILL THAT HAS NO FAULTS WHICH WOULD LET THE SPECIAL INTERESTS CONTINUE TO DOMINATE THIS ISSUE. LAST YEAR I STOOD HERE AND ANNOUNCED AN EXECUTIVE ORDER SHUTTING OFF SHIPMENTS OF HAZARDOUS WASTE FROM STATES WHICH PROHIBIT DISPOSAL OF SUCH WASTE WITHIN THEIR OWN BORDERS. I ANNOUNCED THAT WE WEREN'T GOING TO TAKE IT ANYMORE, AND PROMISED TO WORK ON A REGIONAL APPROACH. A YEAR LATER, I'M HAPPY TO REPORT TO YOU THE RESULT IS A FIVE-STATE SOUTHEASTERN AGREEMENT WITH EACH STATE SHARING THE BURDEN. NORTH CAROLINA HAS AGREED TO BUILD A 50-THOUSAND TON INCINERATOR, A RESIDUALS MANAGEMENT UNIT AND A CHEMICAL SEPARATION FACILITY. SOUTH CAROLINA IS NO LONGER THE NATION'S PATSY ON HAZARDOUS WASTE AND WE'LL NEVER BE PUT IN THAT POSITION AGAIN. THIS AGREEMENT GUARANTEES ADEQUATE CAPACITY FOR SOUTH CAROLINA INDUSTRY. IT GUARANTEES A SHARING OF THE BURDEN. IT PROTECTS OUR FEDERAL SUPERFUND MONEY. WE ARE NOW IN A POSITION TO REDUCE THE CAP AT PINEWOOD AND I ASK YOU TO SUPPORT THE AGREEMENT I SIGNED BY REDUCING THE CAP BY 15-THOUSAND TONS NEXT FISCAL YEAR AND 10-THOUSAND TONS THE FOLLOWING. THAT WILL LOWER THE AMOUNT OF LANDFILL WASTE FROM 135-THOUSAND TONS ANNUALLY TO 110-THOUSAND TONS. SOUTH CAROLINA PRODUCES FOUR MILLION TONS OF SOLID WASTE EVERY YEAR. OUR PRE-PACKAGED, THROW AWAY SOCIETY IS FILLING UP OUR LANDFILLS AT AN ALARMING RATE. YOU HAVE A TASK FORCE WORKING ON RECOMMENDATIONS. I ENCOURAGE A PRIORITY ON WASTE MANAGEMENT TO REDUCE AS MUCH SOLID WASTE AS POSSIBLE FROM THE OUTSET WITH EMPHASIS ON RECYCLING. I WILL REQUEST ALL STATE AGENCIES THROUGH THE BUDGET AND CONTROL BOARD TO IMPLEMENT PROCUREMENT AND RECYCLING PROGRAMS TO USE RECYCLING MATERIALS IN THEIR DAY-TO-DAY OPERATIONS. THIS IS CALLED SETTING AN EXAMPLE. FURTHER, I ENCOURAGE YOU TO PASS A COMPREHENSIVE SOLID WASTE MANAGEMENT ACT WITH A GOAL OF AT LEAST A 30 PERCENT REDUCTION IN THE AMOUNT OF SOLID WASTE GOING INTO THE GROUND. LAST YEAR, I APPOINTED A GOVERNOR'S FRESHWATER WETLANDS FORUM TO FORMULATE A COMPREHENSIVE WETLANDS POLICY. THE FORUM HAS COMPLETED ITS REPORT AND RECOMMENDATIONS. I URGE THE GENERAL ASSEMBLY TO CONSIDER THESE FINDINGS AS WE PROTECT OUR NATURAL RESOURCES. WITH REASONABLE MITIGATION, WE SHOULD ADOPT THE NO NET LOSS POLICY. I WOULD LIKE TO THANK CHARLES A. BUNDY, CHAIRMAN OF THE GOVERNOR'S WETLANDS FORUM, AND THE MEMBERS OF THE COMMITTEE FOR THEIR HARD WORK. WASTES POLLUTE THE EARTH. BUT DRUGS POLLUTE HUMANITY. SINCE I ORGANIZED THE GOVERNOR'S RAID TEAM IN JUNE, 1988, DRUGS WITH A STREET VALUE OF 162-MILLION DOLLARS HAVE BEEN SEIZED WITH 16-HUNDRED PEOPLE ARRESTED. I'LL NEVER FORGET GOING TO ORANGEBURG AND MEETING WITH ABOUT 12-HUNDRED CITIZENS UP IN ARMS BECAUSE THEIR STREETS HAD BEEN TAKEN AWAY FROM THEM BY THUGS. WE BROUGHT IN THE BULLDOZERS IN TWO AREAS AND LEVELLED THE CRACK HOUSES AND DRUG DENS. THINGS STILL AREN'T PERFECT IN THOSE NEIGHBORHOODS, BUT THEY'RE BETTER. I'LL TELL YOU THIS RIGHT NOW: WE'LL GO TO ANY NEIGHBORHOOD IN SOUTH CAROLINA WHERE THE PEOPLE ARE WILLING TO TAKE BACK THEIR STREETS. I'M ASKING FOR FOUR ITEMS TO TAKE THE DRUG WAR RIGHT TO THE SELLERS AND USERS. FIRST, THE ATTORNEY GENERAL AND I AGREE WE SHOULD AMEND THE CONSTITUTION TO ALLOW JUDGES TO DENY BAIL TO DRUG TRAFFICKERS. IT'S AN OUTRAGE THAT THEY'RE CAUGHT AND IMMEDIATELY LET BACK OUT ON THE STREET TO RUN FROM JUSTICE OR CONTINUE CORRUPTING OTHERS. SECOND, I'M IN FAVOR OF AUTOMATIC SUSPENSION OF THE DRIVER'S LICENSE OF ANYONE CONVICTED OF DRUG POSSESSION. THIRD, THOSE WHO SERVE THE PEOPLE OF SOUTH CAROLINA ARE ENTRUSTED WITH A SPECIAL RESPONSIBILITY, PARTICULARLY THOSE WHO WORK WITH OUR YOUNG PEOPLE. I AM ASKING THAT YOU CONSIDER A LAW THAT WOULD HOLD THESE PUBLIC SERVANTS TO A SPECIAL ACCOUNTABILITY. WHEN INDICTED FOR A DRUG OFFENSE, ANYONE WHO RECEIVES ALL OR A PORTION OF THEIR PAYCHECK FROM THE STATE WOULD BE SUSPENDED. IF EXONERATED, THEY GET THEIR JOBS BACK. IF CONVICTED, THEY'RE OUT. IF WE ARE SERIOUS ABOUT STOPPING DRUG ABUSE, WE CAN'T HAVE DRUG OFFENDERS IN POSITIONS OF PUBLIC TRUST. LAST, IF YOU CHOOSE TO AUTHORIZE MORE CIRCUIT JUDGES THIS YEAR, I ASK YOU TO AUTHORIZE MORE ASSISTANCE FOR SOLICITORS TO HANDLE THE BURGEONING CRIME LOAD. THE DEPARTMENT OF CORRECTIONS SAYS IT NEEDS 180-MILLION DOLLARS WORTH OF NEW PRISONS OVER THE NEXT THREE YEARS. THAT IS A SOBERING THOUGHT. EVERY PRISON WE BUILD TAKES MONEY FROM OTHER DESPERATELY NEEDED PROGRAMS. AS WE BEGIN CONSIDERING THE BOND BILL FOR 1991, WE NEED TO ASK OURSELVES IF THERE'S A BETTER WAY TO PUNISH NONVIOLENT OFFENDERS THAN BY GIVING THEM A ROOM, THREE SQUARE MEALS A DAY AND NOT REQUIRING THEM TO PAY BACK THEIR VICTIMS AND SOCIETY. I THINK THERE'S A BETTER WAY, A CHEAPER WAY. WE OUGHT TO OPEN WORKCAMPS IN THE COUNTIES AND REGIONS FOR EVERYONE WITH LESS THAN A YEAR'S SENTENCE RATHER THAN PUTTING THEM IN THE STATE SYSTEM. WE CAN BUILD THESE CAMPS FOR SIX THOUSAND DOLLARS A BED RATHER THAN 45-THOUSAND DOLLARS A BED FOR A STATE PRISON. LET'S PUT THEM IN THE WORKCAMPS, MAKE THEM SLEEP ON A CONCRETE BUNK AND GET THEM OUT IN THE COUNTIES CLEANING UP THE ROADS OR DOING OTHER WORK TO MAKE THEMSELVES USEFUL. WE ALSO NEED TO USE ELECTRONIC SURVEILLANCE EQUIPMENT, HOUSE ARREST, AND INTENSIVE PROBATION TO MAKE NONVIOLENT OFFENDERS PRODUCTIVE. THESE EFFORTS WILL SAVE US A HUNDRED MILLION DOLLARS IN CONSTRUCTION AND OPERATING COSTS. THAT'S A PRISON AND A HALF, MONEY THAT CAN BE USED FOR OTHER PURPOSES. THE BOTTOM LINE TO CORRECTIONS SHOULD BE THIS: BUILD ALL THE PRISONS WE NEED FOR THE VIOLENT CRIMINALS. BUT LET'S NOT BE SO NAIVE AS TO THINK WE HAVE TO PAY THE SAME PRICE FOR A SHOPLIFTER AS WE DO FOR A MURDERER. IT HAS BEEN SAID THAT HISTORY IS BUT THE VISIBLE EFFECTS OF INVISIBLE CHANGE IN HUMAN THOUGHT. IF SOUTH CAROLINA IS NOT GOING FORWARD, IT'S GOING BACKWARD. OUR JOB IS TO SHAPE CHANGE FOR GOOD, NOT BE SHAPED BY CHANGE. YET THERE ARE SOME THINGS THAT SHOULD NOT CHANGE, FOREMOST AMONG THEM THE VALUE PLACED ON FAMILY. FAMILY IS THE HEART OF AMERICAN SOCIETY. IT IS AT CENTER STAGE OF THE JUDEO-CHRISTIAN TRADITION UPON WHICH OUR NATION WAS FOUNDED. THE FAMILY IS CHANGING. TALK TO PARENTS AND YOU'LL FIND OUT ONE OF THEIR BIGGEST PROBLEMS IS A SAFE, SECURE ENVIRONMENT TO LEAVE THEIR CHILDREN WHILE THEY'RE WORKING. I CALL UPON YOU TO FOLLOW THROUGH FROM LAST SESSION BY PROVIDING TAX CREDITS FOR BUSINESSES THAT START THEIR OWN DAY CARE PROGRAMS OR PICK UP DAY CARE COSTS FOR THEIR EMPLOYEES. WE CANNOT - WE MUST NOT - DIMINISH THE ROLE OF PARENTS IN REARING THEIR CHILDREN. OUR SCHOOLS CANNOT BE LIKE A FOOTBALL GAME WHERE 22 PEOPLE FIGHT THE BATTLE WHILE 80-THOUSAND PEOPLE WATCH FROM THE COMFORT OF THE STANDS. PARENTS HAVE TO BE INVOLVED IN OUR SCHOOLS BECAUSE THEY BEAR THE ULTIMATE RESPONSIBILITY. GOVERNMENT MUST UNDERGIRD PARENTAL RESPONSIBILITY, NOT INTERFERE WITH IT. THIS APPLIES TO ABORTION. MY POSITION ON ABORTION HASN'T CHANGED: I DO NOT BELIEVE IN THE INDISCRIMINATE TAKING OF LIFE. THERE SHOULD BE A COMPELLING REASON TO CONSIDER ABORTION: SUCH AS RAPE, INCEST OR THE LIFE OR PHYSICAL HEALTH OF THE MOTHER, AND THEN THE CHOICE IS ULTIMATELY LEFT TO THE MOTHER. IT IS NOT WITHIN OUR JURISDICTION TO DECIDE YES OR NO FOR ABORTION IN ALL CASES. WE CAN ONLY OPERATE WITHIN THE BOUNDS OF THE WEBSTER DECISION. PARENTAL CONSENT FALLS WITHIN THESE BOUNDS. IF DOCTORS NEED PARENTAL CONSENT TO PERFORM AN APPENDECTOMY ON A CHILD, WHY SHOULD WE TREAT ABORTION DIFFERENTLY? I ASK YOU TO COMPLETE WORK ON PARENTAL CONSENT LEGISLATION. ANOTHER MEASURE FALLS WITHIN THESE BOUNDS. WHEN A BABY CAN SURVIVE OUTSIDE THE MOTHER'S WOMB, NOTHING SHORT OF SAVING THE MOTHER'S LIFE SHOULD WARRANT CONSIDERATION OF ABORTION AND I ASK YOU TO MAKE THIS LAW. THERE IS INHERENT DIGNITY IN LIFE. ANY EFFORT BY ANYBODY AT ANYTIME TO DIMINISH HUMAN DIGNITY WITH RACISM WILL NOT BE TOLERATED IN SOUTH CAROLINA. UNFORTUNATELY, WE CANNOT LEGISLATE LOVE OR FORCE UNDERSTANDING. THE SYSTEM WORKS MOST TIMES, THOUGH IT IS PAINFUL. I ASKED THE ABC COMMISSION TO INVESTIGATE A PUBLIC RESTAURANT IN NORTH AUGUSTA AFTER THE OWNERS REFUSED TO SERVE BLACKS IN ACCORDANCE WITH FEDERAL LAW. THE LICENSE WAS REVOKED. PEOPLE MAKE MISTAKES, AND SOMETIMES GOODWILL WINS OUT. WE SAW THAT WITH THE JAYCEES AND A GROUP OF UNITED METHODIST YOUNG PEOPLE. A MISTAKE WAS MADE, FORGIVENESS WAS SOUGHT AND GRANTED. A FOND PERSONAL MEMORY WAS THE POOLSIDE PARTY WE HAD AT THE MANSION FOR BOTH GROUPS. THERE WAS HEALING AND RECONCILIATION. IT WORKED BECAUSE THERE WAS NO GRANDSTANDING OR POSTURING. JUST GOOD PEOPLE TRYING TO DO THE RIGHT THING. GOODWILL PRODUCES GOOD FRUIT. BUT THE TASTE OF INTOLERANCE IS BITTER. WE AS THE LEADERS OF SOUTH CAROLINA NEED TO SET THE EXAMPLE. WE NEED TO SHOUT LESS AND WORK MORE. WE NEED LESS POLITICS AND MORE VIRTUE. THERE WAS VIRTUE IN FAIR HOUSING LEGISLATION WE ADOPTED LAST YEAR BECAUSE NO ONE SHOULD BE DENIED HOUSING BECAUSE OF THE COLOR OF THEIR SKIN. AND LET 1990 BE RECORDED AS THE YEAR WHEN SOUTH CAROLINA AGAIN CHOSE VIRTUE BY PASSING A PUBLIC ACCOMMODATIONS LAW TO REFLECT THE LAW OF THE LAND. WHILE WE STILL HAVE CHALLENGES TO FACE AND PROBLEMS TO CONFRONT, I'VE NEVER BEEN MORE HOPEFUL ABOUT THE FUTURE AND, IN CLOSING, I WANT TO TELL YOU WHY. HUGO DID MORE THAN BLOW DOWN BUILDINGS AND TREES. OUR PEOPLE WERE HURT. MANY THOUSANDS STILL ARE HURTING DESPITE ALL THE GOVERNMENT ASSISTANCE. WE ESTABLISHED THE HUGO RELIEF FUND AND MADE OUR NEEDS KNOWN. HELP CAME FROM EVERYWHERE. IT CAME FROM SOUTH CAROLINA, FROM THE REST OF THE COUNTRY, FROM AS FAR AWAY AS JAPAN. YOU WANT TO KNOW ABOUT GENEROSITY AND CONCERN? THE HUGO FUND THUS FAR HAS COLLECTED 2.2 MILLION DOLLARS TO HELP PEOPLE AND COMMUNITIES PUT THEIR LIVES BACK TOGETHER. A LETTER FROM A MAN IN TEXAS, WHO WRITES, 'I HAVE BEEN CONFINED TO A WHEELCHAIR FOR 41 YEARS. GOD SMILED DOWN ON ME THIS YEAR IN SEVERAL STOCK MARKET TRADES. ENCLOSED IS MY CHECK TO HELP GIVE NEW MEANING AND PURPOSE TO THE CITIZENS OF SOUTH CAROLINA.' LADIES AND GENTLEMEN, THE CHECK WAS FOR 100-THOUSAND DOLLARS. I ALSO RECEIVED A LETTER FROM A 12-YEAR-OLD GIRL IN PENNSYLVANIA NAMED BRANDY. SHE WRITES, 'MY BROTHER AND I HEARD ABOUT YOUR LOSS SINCE HURRICANE HUGO. WE KNOW HOW IT FEELS TO LOSE. WE LOST OUR DAD FIVE YEARS AGO IN A CAR WRECK. IT'S BEEN HARD GETTING OUR LIVES BACK TOGETHER. MY BROTHER AND I WANT TO HELP SOUTH CAROLINA CHILDREN BY SENDING THEM THESE TOYS.' BRANDY CONCLUDES WITH THESE WORDS: 'PLEASE SEE THAT THESE TOYS GET TO THE LITTLE BOYS AND GIRLS WHO NEED THEM. MAY GOD BE WITH YOU ALL AS YOU REBUILD.' THERE IS NO QUESTION THAT GOD IS WITH US AS WE REBUILD. HIS PRESENCE IS IN THE GENEROSITY OF THE MAN IN TEXAS AND BRANDY AND THE THOUSANDS OF AMERICANS WHO HAVE HELPED US IN SO MANY WAYS. HIS PRESENCE IS IN THE CHILDREN WE ARE TRYING SO HARD TO TEACH AND IN THE LAND WE ARE TRYING TO PRESERVE. AND HIS PRESENCE IS IN THE KNOWLEDGE AND WISDOM OF THIS GREAT LEGISLATIVE BODY. THIS IS WHY I AM HOPEFUL. IT IS WHY I AM ENCOURAGED. THANK YOU AND GOD BLESS YOU.

The purpose of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

ADJOURNMENT

At 8:01 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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