South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

WEDNESDAY, JANUARY 9, 1991

Wednesday, January 9, 1991
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Be gracious to us, our Father, as we lift our thoughts in thanksgiving and in acknowledgement of our dependence upon You. Make us a lasting blessing to our great State, that She may ever be a stronghold of good will. Strengthen the ties of brotherly love among our people and increase the ties of friendship between us. We commend to Your keeping all who are spending their efforts that an enduring peace may come. Keep them strong in resolve, steady in determination, patient in purpose, with an undiminished hope for the end of all wars.

Look with favor, Lord, upon this our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

CONCURRENT RESOLUTION

The following was introduced:

H. 3141 -- Rep. Harwell: A CONCURRENT RESOLUTION TO ENCOURAGE STATE AGENCIES TO USE SOYBEAN-BASED INKS WHEN PRINTING DOCUMENTS INTERNALLY OR BY CONTRACT AND, WHEN COST-EFFECTIVE AND PRACTICABLE, TO USE A "SOYBEAN-BASED INK" LOGO ON THE DOCUMENTS.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3161 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING THE WILDCATS OF JONESVILLE HIGH SCHOOL OF UNION COUNTY ON WINNING THE CLASS A STATE FOOTBALL CHAMPIONSHIP FOR 1990.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3162 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING THE UNION HIGH SCHOOL YELLOW JACKETS ON WINNING THE CLASS AAAA, DIVISION 2 STATE FOOTBALL CHAMPIONSHIP FOR 1990.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3163 -- Reps. Rudnick, Smith, Sharpe, Keesley, Gentry and Huff: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. LLOYD T. OLSEN OF AIKEN COUNTY, FORMER AIKEN CITY COUNCILMAN, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 390 -- Senators Passailaigue, McConnell, Washington and Rose: A CONCURRENT RESOLUTION COMMENDING AND THANKING QUANTUM CHEMICAL CORPORATION'S SUBURBAN PROPANE AND PETROLANE DISTRICTS FOR EXEMPLARY AID TO EMERGENCY MEDICAL SERVICES ORGANIZATIONS IN THE LOWCOUNTRY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 391 -- Senator Moore: A CONCURRENT RESOLUTION TO COMMEND D COMPANY, 8TH TANK BATTALION, U. S. MARINE CORPS RESERVE, OF RICHLAND COUNTY, ON ITS HEROIC EFFORT IN ASSISTING THE VICTIMS OF AN AUTOMOBILE ACCIDENT ON A STRETCH OF VIRGINIA INTERSTATE ON JULY 6, 1990.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 392 -- Senators Hinson, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE VERY BEST WISHES OF THE GENERAL ASSEMBLY TO SENATOR JACK LINDSAY AS HE RECOVERS FROM HIS LUNG TRANSPLANT OPERATION AND TO WISH HIM THE VERY BEST OF LUCK IN THE MONTHS AHEAD AS HE BEGINS HIS RECUPERATION.

Whereas, in an eight and a half hour procedure on Tuesday, January 1, 1991, Jack Lindsay, our good friend and colleague, received a new lung during a transplant operation conducted at the North Carolina Memorial Hospital in Chapel Hill, North Carolina; and

Whereas, this operation was the culmination of an eleven-month wait after he and his doctors determined that the transplant operation was the only cure for his lung disease; and

Whereas, in the months preceding his operation he underwent a rigid schedule of daily physical therapy and other lifestyle changes in order to make him strong enough to undergo this operation; and

Whereas, he now must undergo an extensive recovery period during which his body must accept his new lung and during which he must continue to undergo physical therapy in order to aid his recovery; and

Whereas, Jack Lindsay's courage, fortitude, and forthrightness concerning his illness and this procedure has been a source of inspiration for his scores of friends and admirers throughout the State; and

Whereas, Jack Lindsay, without question, is a person whose leadership and keen intelligence is desperately needed by his native State and in the Senate of South Carolina, an institution he has loved and served so well since 1963; and

Whereas, his colleagues and friends look forward to his return to the legislative arena restored in health and vigor so that the Senator from Marlboro County might serve and lead as only he is able to serve and lead. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly hereby express their very best wishes to Senator Jack Lindsay as he recovers from his lung transplant operation and wish him the very best of luck in the months ahead as he begins his recuperation.

Be it further resolved that a copy of this resolution be forwarded to Senator Jack Lindsay.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was introduced:

H. 3195 -- Reps. Vaughn, Jaskwhich, Wilder, Baxley and Manly: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA DEVELOPMENTAL DISABILITIES COUNCIL, OFFICE OF THE GOVERNOR, FOR DEVELOPING AN OUTSTANDING STATE PLAN ON THE TRANSITION FROM SCHOOL INTO ADULT COMMUNITY LIFE OF PEOPLE WITH DISABILITIES AND TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY THAT THE LEGISLATIVE RECOMMENDATIONS CONTAINED IN THE STATE PLAN SHOULD BE ENACTED INTO LAW.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time and referred to appropriate committees:

H. 3164 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF ROAD S-33-256 IN MCCORMICK COUNTY, SUBJECT TO CERTAIN RIGHTS OF THE COMMISSION OF PUBLIC WORKS OF THE TOWN OF MCCORMICK.

On motion of Rep. McABEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3165 -- Rep. McAbee: A BILL TO DESIGNATE A ROAD IN McCORMICK COUNTY AS "GARTRELL ROAD".

Referred to the McCormick Delegation.

H. 3166 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-31-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES FOR REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS OPERATING IN THIS STATE, SO AS TO DECREASE FROM FIFTY-FIVE TO THIRTY PERCENT THE PROPORTION OF THE FEES CREDITED TO THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION FUND.

Referred to Committee on Ways and Means.

H. 3167 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-21-3400, 12-21-3420, 12-21-3440, 12-21-3450, 12-21-3460, AND 12-21-3530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BINGO, SO AS TO PROVIDE A METHOD FOR A NONPROFIT BINGO LICENSE TO BE TRANSFERRED TO ANOTHER LOCATION, REVISE AMOUNTS WHICH MUST BE RETURNED AS PRIZES, REVISE CLASS E LICENSE REQUIREMENTS, PROVIDE FOR THE SPECIAL TICKET FOR ENTRY INTO CLASS AA AND B LICENSE BINGO GAMES, AND TO REVISE BOND REQUIREMENTS.

Referred to Committee on Ways and Means.

H. 3168 -- Rep. Huff: A BILL TO AMEND SECTION 20-7-1572, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO DELETE THAT FAILURE TO SUPPORT A CHILD REQUIRES A REQUEST FOR A CONTRIBUTION BY THE CUSTODIAN OF THE CHILD AND TO PROVIDE THAT A REQUEST FOR SUPPORT IS A CIRCUMSTANCE THAT THE COURT MAY CONSIDER IN DETERMINING WHETHER A PARENT HAS WILFULLY FAILED TO SUPPORT A CHILD.

Referred to Committee on Judiciary.

H. 3169 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-35 SO AS TO MAKE IT A CRIME FOR A PARENT OR LEGAL GUARDIAN TO WILFULLY OR KNOWINGLY FALSIFY INFORMATION TO PUBLIC SCHOOL OFFICIALS IN ORDER TO ENROLL A CHILD IN A SCHOOL TO WHICH THE CHILD OTHERWISE WOULD NOT BE ASSIGNED AND TO PROVIDE A PENALTY FOR VIOLATION.

Referred to Committee on Judiciary.

H. 3170 -- Rep. McTeer: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND TO THE PROVISIONS ALLOWING MERCHANT MARINE SEAMEN AND CIVIL SERVICE CREW MEMBERS TO ESTABLISH CREDIT FOR CERTAIN SERVICE BETWEEN 1941 AND 1945, SO AS TO EXTEND THE EXPIRATION OF THAT PERIOD OF SERVICE TO 1947.

Referred to Committee on Ways and Means.

H. 3171 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1555 SO AS TO ALLOW AN ADJUSTMENT IN THE AVERAGE FINAL COMPENSATION CALCULATION FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR TEACHERS INELIGIBLE TO RECEIVE STATE MINIMUM SALARY SCHEDULE PAY RAISES BECAUSE OF FAILURE TO MEET THE APPROPRIATE CRITERIA, TO PROVIDE THE METHOD OF DETERMINING THE ADJUSTMENT, AND TO REQUIRE THOSE TEACHERS APPLYING FOR THE ADJUSTMENT TO PAY THE EMPLOYER AND EMPLOYEE CONTRIBUTIONS ON THE AMOUNT OF THE ADJUSTMENT.

Referred to Committee on Ways and Means.

H. 3172 -- Reps. Wright, Felder, Koon, Derrick, Sturkie and Sharpe: A BILL TO PROVIDE THAT THE ELECTION OF ALL MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY MUST BE HELD IN NONPARTISAN ELECTIONS AT THE TIME OF THE GENERAL ELECTION, PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES AND CONDUCT OF THE ELECTION, AND TO EXTEND THE TERMS OF THOSE PERSONS AFFECTED BY THESE PROVISIONS.

Rep. DERRICK asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. T. ROGERS objected.

Referred to Committee on Education and Public Works.

H. 3173 -- Rep. Harvin: A BILL TO AMEND SECTION 38-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A ONE PERCENT TAX ON FIRE INSURANCE PREMIUMS TO COVER THE EXPENSES OF CERTAIN FIRE INSPECTIONS AND INVESTIGATIONS, SO AS TO PROVIDE THAT THE MONIES COLLECTED PURSUANT TO THIS SECTION MUST BE USED TO FUND THE SOUTH CAROLINA FIRE ACADEMY AS THE GENERAL ASSEMBLY PROVIDES.

Referred to Committee on Ways and Means.

H. 3174 -- Rep. Harvin: A BILL TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR ADDITIONAL EXCEPTION.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3175 -- Rep. Harvin: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF CAPTIVE INSURANCE COMPANIES, BY ADDING CHAPTER 91 SO AS TO PROVIDE DEFINITIONS OF TERMS USED IN CONNECTION WITH CAPTIVE INSURANCE COMPANIES; TO PROVIDE RESTRICTIONS ON WHAT INSURANCE BUSINESS MAY BE PERFORMED BY A COMPANY AND TO PROVIDE THE REQUIREMENTS FOR LICENSURE AND FOR CONDUCTING INSURANCE BUSINESS IN THE STATE; TO PROHIBIT THE USE OF A COMPANY NAME THAT MAY BE CONFUSED WITH AN EXISTING BUSINESS NAME; TO PROVIDE UNIMPAIRED PAID-IN CAPITAL REQUIREMENTS; TO PROVIDE FEE SURPLUS REQUIREMENTS; TO PROVIDE FOR REQUIREMENTS SPECIFIC TO THE INCORPORATION OF A CAPTIVE INSURANCE COMPANY; TO REQUIRE FILING OF ANNUAL REPORTS; TO PROVIDE FOR INSPECTIONS AND EXAMINATIONS REGARDING ITS FINANCIAL CONDITION, ABILITY TO FULFILL ITS OBLIGATIONS, AND COMPLIANCE WITH THIS CHAPTER; TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH A LICENSE MAY BE SUSPENDED OR REVOKED; TO PROVIDE INVESTMENT REQUIREMENTS; TO AUTHORIZE A COMPANY TO PROVIDE REINSURANCE AND TO PROVIDE REINSURANCE REQUIREMENTS; TO PROVIDE THAT NO COMPANY IS REQUIRED TO JOIN A RATING ORGANIZATION; TO PROHIBIT PARTICIPATION IN OR BENEFIT FROM A PLAN, POOL, ASSOCIATION, OR GUARANTY OR INSOLVENCY FUND; TO PROVIDE A RATE OF TAXATION ON INSURANCE PREMIUMS AND ON ASSUMED REINSURANCE PREMIUMS, TO ESTABLISH A MINIMUM TAX TO BE PAID, TO ESTABLISH PENALTIES FOR FAILURE TO COMPLY, AND TO REQUIRE TEN PERCENT OF THE PREMIUM TAX REVENUES COLLECTED BE APPROPRIATED TO THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR REGULATING CAPTIVE INSURANCE COMPANIES; TO AUTHORIZE THE PROMULGATION OF REGULATIONS; TO PROHIBIT THE APPLICATION OF OTHER TITLE 38 PROVISIONS TO CAPTIVE INSURANCE COMPANIES; TO ESTABLISH THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND TO PROVIDE FINANCIAL MEANS FOR ADMINISTRATION OF THIS CHAPTER; AND TO PROVIDE THAT TITLE 38 INSURANCE REORGANIZATION, RECEIVERSHIPS, AND INJUNCTIONS APPLY TO CAPTIVE INSURANCE COMPANIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3176 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FAX MACHINE TO TRANSMIT WITHIN THE STATE UNSOLICITED ADVERTISING MATERIAL, AND TO PROVIDE FOR A CIVIL PENALTY AND INJUNCTIVE RELIEF.

Referred to Committee on Labor, Commerce and Industry.

H. 3177 -- Reps. Cooper and Chamblee: A BILL TO AMEND SECTION 5-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS THAT MUST BE MET BEFORE THE SECRETARY OF STATE MAY ISSUE A CORPORATE CERTIFICATE AND THE EXCEPTIONS TO THESE REQUIREMENTS, SO AS TO PROVIDE ADDITIONAL EXCEPTIONS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3178 -- Reps. Chamblee and Cooper: A BILL TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR ADDITIONAL EXCEPTIONS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3179 -- Rep. Farr: A BILL TO AMEND SECTION 44-29-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED TESTING WHEN A HEALTH CARE WORKER IS EXPOSED TO THE HUMAN IMMUNODEFICIENCY VIRUS, SO AS TO PROVIDE A PROCEDURE FOR TESTING IN THE EVENT OF EXPOSURE TO POTENTIALLY INFECTIOUS BLOOD OR BODY FLUIDS, AND TO PROVIDE, AMONG OTHER THINGS, FOR CONFIDENTIALITY AND A CRIMINAL PENALTY.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3180 -- Rep. Kirsh: A BILL TO AMEND ACT 503 OF 1990, RELATING TO THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO AUTHORIZE THE GOVERNING BODY OF A POLITICAL SUBDIVISION OF THIS STATE TO ADOPT POLICIES WHICH WOULD PROVIDE THAT THE GOVERNMENTAL BUILDINGS UNDER ITS CONTROL MUST BE SMOKE FREE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3181 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-160 SO AS TO ENACT THE ENGLISH FLUENCY IN HIGHER LEARNING ACT TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO EVALUATE THEIR FACULTIES FOR FLUENCY IN THE ENGLISH LANGUAGE, PROVIDE CERTIFICATES AS TO THAT FLUENCY, PROVIDE FOR PENALTIES FOR NONCOMPLIANCE, AND CONFER POWERS AND DUTIES UPON THE COMMISSION ON HIGHER EDUCATION.

Referred to Committee on Education and Public Works.

H. 3182 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO GRANT FOREIGN LANGUAGE CREDIT FOR A COURSE IN AMERICAN SIGN LANGUAGE.

Referred to Committee on Education and Public Works.

H. 3183 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-140 SO AS TO PROHIBIT THE COPYING OF A CREDIT CARD ACCOUNT NUMBER WHEN A CREDIT CARD IS PRESENTED FOR CHECK IDENTIFICATION.

Referred to Committee on Labor, Commerce and Industry.

H. 3184 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

Referred to Committee on Ways and Means.

H. 3185 -- Rep. Kirsh: A BILL TO AMEND SECTION 34-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A BANK OR BANKING INSTITUTION MUST ESTABLISH A SURPLUS ACCOUNT AND THE AMOUNT REQUIRED TO BE KEPT IN IT AND IN A MINIMUM DEPOSIT RESERVE, SO AS TO DELETE THOSE REQUIREMENTS AND REQUIRE EVERY STATE BANK WHICH IS NOT A MEMBER OF THE FEDERAL RESERVE SYSTEM TO MAINTAIN THE SAME RESERVES AGAINST DEPOSITS AS IS REQUIRED FOR A STATE BANK WHICH IS A MEMBER OF THE FEDERAL RESERVE SYSTEM AND THE MANNER IN WHICH THEY MUST BE MAINTAINED.

Referred to Committee on Labor, Commerce and Industry.

H. 3186 -- Rep. Kirsh: A BILL TO AMEND SECTION 56-5-4140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WEIGHT LIMITS FOR VEHICLES OPERATING ON THE STATE HIGHWAY SYSTEM, SO AS TO PROVIDE LIMITS FOR VEHICLES OPERATING ON THE SECONDARY HIGHWAY SYSTEM.

Referred to Committee on Education and Public Works.

H. 3187 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ELIMINATE THE THREE THOUSAND DOLLAR DEDUCTION ALLOWED FROM FEDERAL CIVIL SERVICE AND MILITARY PENSIONS, BENEFITS FROM QUALIFIED PENSION PLANS, AND BENEFITS FROM THE VARIOUS STATE AND LOCAL GOVERNMENT RETIREMENT SYSTEMS.

Referred to Committee on Ways and Means.

H. 3188 -- Rep. Wilkins: A BILL TO AMEND ACT 1329 OF 1968, AS AMENDED, RELATING TO THE CREATION OF THE GREENVILLE COUNTY RECREATION DISTRICT, SO AS TO CHANGE THE FISCAL YEAR OF THE DISTRICT FROM THE YEAR USED BY GREENVILLE COUNTY TO A FISCAL YEAR BEGINNING JANUARY FIRST AND ENDING DECEMBER THIRTY-FIRST.

On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3189 -- Reps. Keyserling, Manly and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-5-135 SO AS TO MAKE IT A CRIME FOR A PERSON TO PREVENT A PERSON FROM ENTERING OR EXITING A MEDICAL FACILITY AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3190 -- Reps. Keyserling and Cork: A BILL TO AMEND SECTIONS 27-9-20 AND 27-9-21, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS OR EASEMENTS, SO AS TO AUTHORIZE THE BEAUFORT COUNTY OPEN LAND TRUST, INCORPORATED, TO ACQUIRE AND DISPOSE OF THESE RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND OTHER CONSERVATION ORGANIZATIONS.

On motion of Rep. CORK, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3191 -- Rep. G. Bailey: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 67 SO AS TO ENACT THE HOMEBUYERS PROTECTION AND WARRANTY ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 3192 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST THIRTY THOUSAND DOLLARS BEGINNING WITH THE 1991 TAX YEAR.

Referred to Committee on Ways and Means.

H. 3193 -- Reps. Waites, Barber, Clyborne, P. Harris, McElveen, Meacham, Jaskwhich, Wilder, Kempe, Neilson, Cromer, T. Rogers, Smith, Keyserling, L. Martin, Wilkes, J. Bailey, Keesley, Gentry, J. Harris, McTeer, Snow and Marchbanks: A BILL TO ENACT THE ETHICS REFORM ACT OF 1991, BY AMENDING SECTIONS 8-13-620 AND 8-13-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCLOSURE OF AND RECORDKEEPING REQUIREMENTS FOR CAMPAIGN CONTRIBUTIONS, SO AS TO REQUIRE ADDITIONAL DISCLOSURE IN ADVANCE OF ELECTIONS, TO PROVIDE FOR MORE DETAILED DISCLOSURE, AND TO REQUIRE ALL CAMPAIGN CONTRIBUTION FILINGS TO BE FILED WITH THE STATE ETHICS COMMISSION; TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-13-640, 8-13-650, 8-13-660, 8-13-670, 8-13-680, 8-13-690, 8-13-700, AND 8-13-710 SO AS TO PROHIBIT THE ACCEPTANCE OR SOLICITATION OF CASH CAMPAIGN CONTRIBUTIONS IN EXCESS OF FIFTY DOLLARS, TO ALLOW THE ACCEPTANCE OR SOLICITATION OF CAMPAIGN CONTRIBUTIONS ONLY FROM INDIVIDUALS AND POLITICAL ACTION COMMITTEES, PROHIBIT THE ACCEPTANCE OF CAMPAIGN CONTRIBUTIONS FOR ANY ONE ELECTION IN EXCESS OF ONE THOUSAND DOLLARS FROM AN INDIVIDUAL OR FIVE THOUSAND DOLLARS FROM A POLITICAL ACTION COMMITTEE, TO REQUIRE A CAMPAIGN TO ESTABLISH A CHECKING ACCOUNT AND REQUIRE CONTRIBUTIONS TO BE DEPOSITED INTO THE ACCOUNT AND EXPENDITURES TO BE MADE BY CHECK AND PROVIDE EXCEPTIONS, TO REQUIRE CAMPAIGN PRINTED MATTER TO BEAR THE SPONSOR'S NAME AND ADDRESS AND PROVIDE EXCEPTIONS, TO PROHIBIT MEMBERS OF OR CANDIDATES FOR THE GENERAL ASSEMBLY FROM SOLICITING OR ACCEPTING CAMPAIGN CONTRIBUTIONS DURING THE LEGISLATIVE SESSION, TO PROHIBIT CANDIDATES FROM USING THEIR CAMPAIGN FUNDS TO CONTRIBUTE TO ANOTHER CANDIDATE, TO PROHIBIT THE CONVERSION OF CAMPAIGN FUNDS OR OTHER CAMPAIGN ASSETS TO PERSONAL USE AND TO PROVIDE FOR THE DISPOSITION OF SURPLUS CAMPAIGN FUNDS, TO PROHIBIT THE USE OF GOVERNMENT PERSONNEL AND FACILITIES IN ELECTION CAMPAIGNS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTIONS 8-13-10, 8-13-20, 8-13-110, 8-13-120, 8-13-610, 8-13-810, 8-13-830, AND 8-13-850, RELATING TO ETHICS AND THE STATE ETHICS COMMISSION, SO AS TO DEVOLVE ON THE STATE ETHICS COMMISSION FUNCTIONS OF THE ETHICS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, TO INCREASE THE MEMBERSHIP OF THE STATE ETHICS COMMISSION FROM SIX TO TWELVE, REQUIRE EQUAL REPRESENTATION ON THE COMMISSION OF THE TWO POLITICAL PARTIES HAVING THE LARGEST REPRESENTATION IN THE GENERAL ASSEMBLY, TO MAKE MEMBERS INELIGIBLE FOR REAPPOINTMENT, TO PROVIDE FOR TWO PANELS OF SIX MEMBERS EACH TO HEAR ETHICS MATTERS, TO PROVIDE FOR THE DISPOSITION OF COMPLAINTS AGAINST CANDIDATES FILED WITH THE STATE ETHICS COMMISSION BEFORE AN ELECTION, TO PROVIDE FOR AN ALTERNATE METHOD OF PROSECUTING COMPLAINTS WITH THE APPROVAL OF THREE-FOURTHS OF THE MEMBERS, TO ALLOW AN INDIVIDUAL TO REQUEST AN INVESTIGATION OF HIS OWN CONDUCT, TO CLARIFY THE APPLICATION OF REPORTING REQUIREMENTS TO PROBATE JUDGES, TO PROVIDE FOR THE DISPOSITION OF COMPLAINTS FILED AGAINST MEMBERS OF THE GENERAL ASSEMBLY BY REFERRING THE MATTER TO THE SPEAKER OF THE HOUSE OR PRESIDENT OF THE SENATE, AS APPROPRIATE, AND TO REPEAL ARTICLE 5, CHAPTER 13 OF TITLE 8, RELATING TO THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-13-480, 8-13-485, 8-13-495, 8-13-497, AND 8-13-832 SO AS TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM APPEARING AT A PUBLIC HEARING CONDUCTED BY A STATE BOARD, COMMITTEE, OR COMMISSION, AND TO PROHIBIT MEMBERS FROM REPRESENTING CLIENTS BEFORE SUCH ENTITIES, TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM VOTING ON APPROPRIATIONS AND APPOINTMENTS FOR AGENCIES FROM WHICH THEY OR A BUSINESS ASSOCIATE RECEIVES INCOME, TO PROHIBIT STATE PUBLIC OFFICIALS AND PUBLIC EMPLOYEES FROM ACCEPTING THINGS OF VALUE FROM A REGISTERED LOBBYIST AGGREGATING MORE THAN ONE HUNDRED DOLLARS IN VALUE IN A CALENDAR YEAR, AND TO PROVIDE EXCEPTIONS, TO PROHIBIT FORMER MEMBERS OF THE GENERAL ASSEMBLY FROM ENGAGING IN PAID LOBBYING OF LEGISLATORS WITHIN TWO YEARS OF LEAVING THE GENERAL ASSEMBLY, TO REQUIRE THE DISCLOSURE OF SOURCES OF INCOME IN EXCESS OF ONE HUNDRED DOLLARS, THE EXACT AMOUNT OF MONEY RECEIVED FROM ENGAGING IN GAMES OF SKILL OR CHANCE WITH A REGISTERED LOBBYIST, THE IDENTITY OF INTERESTS IN PROPERTY, THE SOURCE AND AMOUNT OF INCOME IN EXCESS OF ONE THOUSAND DOLLARS FROM AN ENTITY EMPLOYING DIRECTLY OR INDIRECTLY A REGISTERED LOBBYIST, AND TO EXTEND THESE REPORTING REQUIREMENTS TO HOUSEHOLD MEMBERS, TO AMEND SECTIONS 2-17-20 AND 2-17-40, RELATING TO THE REGULATION OF LOBBYING, SO AS TO DEVOLVE THE REGULATION OF LOBBYING ON THE STATE ETHICS COMMISSION AND TO REQUIRE ADDITIONAL REPORTING BY LOBBYISTS; TO AMEND THE 1976 CODE BY ADDING SECTION 2-17-55 AND 2-17-57, SO AS TO PROHIBIT REGISTERED LOBBYISTS FROM GIVING THINGS OF VALUE TO A STATE PUBLIC OFFICIAL OR EMPLOYEE AGGREGATING MORE THAN ONE HUNDRED DOLLARS VALUE IN A CALENDAR YEAR, AND TO PROHIBIT REGISTERED LOBBYISTS FROM PERSONALLY DELIVERING CAMPAIGN CONTRIBUTIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 2-1-190 AND 8-13-135, SO AS TO PROVIDE ETHICS EDUCATION FOR NEW MEMBERS OF THE GENERAL ASSEMBLY AND TO PROVIDE CONTINUING ETHICS EDUCATION PROGRAMS FOR PUBLIC OFFICIALS AND EMPLOYEES; TO AMEND THE 1976 CODE BY ADDING SECTION 2-1-195 SO AS TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM BEING REIMBURSED FOR SUBSISTENCE EXPENSES IN EXCESS OF EXPENSES INCURRED; TO AMEND SECTIONS 7-11-15, 7-11-210, AND 7-13-40, AS AMENDED, RELATING TO ELECTIONS, SO AS TO PROVIDE FOR A PRIMARY DATE ON THE SECOND TUESDAY AFTER THE FIRST MONDAY IN SEPTEMBER AND TO REVISE FILING DATES; TO AMEND SECTION 16-9-210, RELATING TO GIVING OR OFFERING BRIBES TO OFFICERS, SO AS TO EXTEND THE OFFENSE TO SEXUAL FAVORS; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-455 SO AS TO PROHIBIT LEGISLATORS FROM SERVING EX OFFICIO ON STATE BOARDS AND COMMISSIONS, AND TO PROVIDE EXCEPTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-487 SO AS TO PROHIBIT LEGISLATORS FROM ACCEPTING HONORARIA FOR SPEECHES GIVEN IN THIS STATE OR ANY OTHER PLACE IF THE ORGANIZATION OPERATES IN THIS STATE.

Referred to Committee on Judiciary.

H. 3194 -- Reps. D. Elliott and M. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-115 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO IMPOSE TOLLS ON STREETS, HIGHWAYS, OR BRIDGES UNDER ITS JURISDICTION UNDER CERTAIN CONDITIONS, TO PROVIDE FOR THE USE OF THE REVENUE DERIVED FROM THESE TOLLS, AND TO PROVIDE WHEN THE ABOVE PROVISIONS DO NOT APPLY.

Referred to Committee on Education and Public Works.

H. 3196 -- Reps. J. Brown, G. Bailey, McBride, Mattos, Scott, Harvin, Whipper, D. Williams and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-29-105 SO AS TO REQUIRE A RETAIL DEALER IN MOBILE HOMES TO CERTIFY THAT THE PURCHASER'S LOT MEETS APPLICABLE ZONING REQUIREMENTS AND APPLICABLE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGULATION FOR WELLS AND SEPTIC TANKS AND TO PROVIDE THAT A CONTRACT OF SALE NOT CONTAINING THE CERTIFICATE IS VOIDABLE BY THE PURCHASER.

Referred to Committee on Labor, Commerce and Industry.

H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: A BILL TO REQUIRE CERTAIN SECURITY DEVICES FOR CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.

Referred to Committee on Labor, Commerce and Industry.

MOTION ADOPTED

Rep. BOAN moved that when the House adjourns it adjourn in memory of Mrs. Deannie Roberts Dorman, grandmother of Sergeant at Arms Mitch Dorman, which was agreed to.

SILENT PRAYER

The House stood in silent prayer in memory of Mrs. Deannie Roberts Dorman, grandmother of Sergeant at Arms Mitchell Dorman.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.          Alexander, T.          Altman
Bailey, G.             Bailey, J.             Bailey, K.
Barber                 Baxley                 Beasley
Beatty                 Bennett                Boan
Brown, G.              Brown, H.              Brown, J.
Bruce                  Burch                  Carnell
Cato                   Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Cromer                 Derrick
Elliott, D.            Elliott, L.            Faber
Fair                   Farr                   Felder
Foster                 Fulmer                 Gentry
Gonzales               Gregory                Hallman
Harris, J.             Harris, P.             Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Houck
Huff                   Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kempe
Keyserling             Kinon                  Kirsh
Klapman                Koon                   Lanford
Littlejohn             Manly                  Marchbanks
Martin, D.             Martin, L.             Martin, M.
Mattos                 McAbee                 McBride
McCain                 McCraw                 McElveen
McGinnis               McKay                  McLeod
McTeer                 Meacham                Neilson
Nettles                Phillips               Quinn
Rama                   Rhoad                  Rogers
Ross                   Rudnick                Scott
Sharpe                 Sheheen                Shirley
Short                  Smith                  Snow
Sturkie                Tucker                 Vaughn
Waites                 Waldrop                Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, D.
Williams, J.           Wofford                Wright
Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on January 9, 1991.

Gene Stoddard                     Roland S. Corning
Alex Harvin, III                  Maggie W. Glover
T.M. Burriss
Total Present--115

LEAVE OF ABSENCE

The SPEAKER granted Rep. TOWNSEND a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Edward H. Cantalano of Columbia is the Doctor of the Day for the General Assembly.

MOTION ADOPTED

Rep. L. MARTIN moved that upon completion of the Inaugural Ceremony, the House stand adjourned, which was agreed to.

INAUGURAL CEREMONY

At 11:20 A.M. the House repaired to the south portico of the State House where it joined the Senate.

The Inaugural Party proceeded to the Speakers stand.

INAUGURAL ADDRESS

There are no words adequate to express my appreciation for the great honor you have bestowed upon me. I want you to know I will do my best to be deserving of your trust.

Inauguration Day is a celebration of new beginnings--a day to reflect on the past and ponder the unlimited opportunities which await us.

I intend to do a little of this in a few minutes.

But this is also a day when all South Carolinians are dwelling on the present. A half world away sons and daughters of South Carolina and America are preparing for war while praying for peace.

We know that history will be written in the next week, but we do not know what it will say. We do know, however, that the current situation is unacceptable.

This morning I signed a Proclamation designating the next seven days as Prayer Week in South Carolina. I am asking people of all faiths to pray for God's protection of our troops, and for God's guidance for our President as he seeks a solution to the Persian Gulf crisis.

Now I want to share with you a letter I received from a South Carolina son, Private First Class Thomas S. Doar the Fourth from Hartsville of the 37th Engineers Battalion in Saudi Arabia.

Writing about his education in South Carolina schools, he says, quoting, "I often was spellbound in my U.S. History classes by the part South Carolinians played in not only the formation of a State, but a Nation as well. From Rutledge to Calhoun to Byrnes to Thurmond, these are just a few of the historical figures (who) simultaneously forged and strengthened the United States of America."

He continues, "It was the education I received in South Carolina that has caused me...to feel like I too, am playing an important part in our Nation's history."

And he concludes by writing, "For me, it is a responsibility and a reward."

A responsibility and a reward. So writes PFC Thomas Doar from the sands of Saudi Arabia.

It is to this soldier and the other Americans in uniform that we dedicate this inaugural ceremony in thanksgiving for their courage and devotion. God Bless America and her sons and daughters in uniform.

Four years ago I shared with you my belief that the overriding purpose of government is to help people help themselves.

A government that aggressively creates opportunities but steadfastly resists guarantees.

A government that encourages independent initiative and discourages debilitating dependency.

A government that empowers, not enslaves.

This philosophy works.

Personal income in South Carolina has grown at an average annual rate of eight-point-two percent since 1987, improving our standard of living and giving us the resources to educate children and increase services to our citizens.

And not only did we avoid a general tax increase, we cut taxes on the working poor and took steps to prevent backdoor tax increases through inflation.

Two weeks ago the Board of Economic Advisers reported that South Carolina is still adding jobs while the nation is losing them. While a downturn is expected, the report indicates continued growth. Indeed, we have added more than 200 thousand new jobs.

South Carolina's record setting economic expansion and job creation validate our strategy of putting more people to work instead of putting higher taxes on working people.

"The supreme end of education," said Samuel Johnson, "is expert discernment--the power to tell the good from the bad, the genuine from the counterfeit, and to prefer the good and the genuine to the bad and the counterfeit."

Such is our quest for excellence in education.

Achieving excellence requires different strategies from achieving minimum standards. Centralized control must give way to local innovation.

We recognized with the Target 2000 legislation that the real vitality of South Carolina education rests right there in the classroom with the teachers and principals and parents who know their children best.

They are the potters molding the clay, the artists painting the picture. The state's job is to support them. Their job is to understand the needs of their children and creatively find ways to meet those needs, even if it means painting outside the numbers.

Our children will get quality education to the extent that the state funds it and local educators use it to benefit the children.

In this regard 1991 presents some tough choices. The budget is tight and the needs great.

Let the special interest shout from the State House dome if they must. But let us be sensible enough not to raise taxes and wise enough not to retreat from pursuing excellence in the classroom.

A short time ago, I received a letter from a worker who participated in my initiative for work force excellence. Referring to her fellow employees at a major plant, she writes, "I found them to be excited about the opportunity to develop their skills and continue their education. Everyone enrolled in the program seems to have a different outlook on life."

This is the power of education. If the leadership of South Carolina, unified in purpose, can help people capture a new outlook on life, there is no limit to what we can accomplish.

Four years ago I talked about a clean and safe environment.

Again, South Carolina is united behind the effort to cleanse our schools and streets of drugs.

The Safe Schools Act, which took effect nine days ago, reaffirms that schools are for building up. But there's also a place for those who would tear down. It's called prison.

Just as the fight to protect our children continues, so must we continue our vigilance to protect our natural resources.

Hurricane Hugo again reminded us that our environment is fragile.

Poet T. Benton Young captured the South Carolina we all love when he wrote, "A quiet, calm and peaceful place, here each life can set its pace, with hope that time will not erase the special beauty, charm, a grace so loved in South Carolina."

We cannot permit time to erase the special beauty of the wetlands. We cannot permit other priorities to thwart efforts for sensible solid waste and recycling programs.

And we shall not allow one judicial opinion to let other states off the hook in meeting their responsibilities for hazardous waste.

In the last four years not one hazardous waste facility has opened in South Carolina. We have enough capacity to meet our needs.

We have not sought, nor do we seek, to dodge our responsibility, and we will not allow other states to dodge theirs.

It is not too much to ask states which voluntarily signed the regional agreement on hazardous waste to honor their word and maintain their integrity. We shall pursue fairness, preferably through cooperation. But if forced, we will not duck confrontation.

But we have our own integrity to deal with in South Carolina. Revelations of corruption have hurt.

Our image has been tarnished. Public confidence has been damaged. And it isn't over yet.

The thing that troubles me most is the effect it must be having on our children. The very soul of our state is shaken if they perceive their elected leaders as dishonest.

I want to make three points.

First, I proclaim that the vast majority of legislators and other public officials are men and women of integrity who have chosen to serve with grace and dignity in the public square.

Second, all the laws in the world will not guarantee honesty. You only need to look at the Bible to see this. If certain people choose willingly to violate God's Laws, then we cannot expect universal conformity to man's laws.

Third, we do not need reform to make bad people good. But we need reform to mirror the integrity of the good people in public life and free them to do the people's business without a cloud of suspicion and doubt.

There will be much debate over the substance of reform. I commend Senator Williams, Lieutenant Governor Theodore, Speaker Sheheen and Representative Wilkins for their work in setting the stage for debate.

I think I can speak for them and other legislators in promising the people that we will not quit this year until honesty and ethics have again been exalted and restored to their rightful position in the affairs of state.

Addressing ethics, however, is only a partial answer. Much of state government is not directly accountable to any elected official. We in essence have four branches of government: the executive, legislative and judicial branches. And the bureaucracy.

Failure to restructure government, failure to bring horse-and-buggy government into the space age, will perpetuate a system that answers to nobody, listens to nobody and serves nobody other than its own special interest.

Soon I will submit for the General Assembly's consideration a plan to restructure state government.

There will be those who will measure its merits in terms of power--who gains and who loses.

Let me be clear: the only gains we should concern ourselves with are those that make government more accountable.

And the only power to fret about is the power of the people because it is their government, their taxes, their future.

I have provided a general outline of some of our accomplishments and challenges. But I do not want to end without stating my unequivocal optimism for the future of South Carolina.

I can't help but be optimistic when one of modern history's worst natural disasters left our people unbowed.

I can't help but be optimistic knowing how we all pulled together in the tragic time and came out stronger.

Ladies and gentlemen, if Hugo couldn't destroy our spirit, then recession, difficulties and even scandal do not stand a chance.

Let us look to ourselves for unity and purpose. Let us look to God for strength and assurance. And let us move confidently to fulfill our responsibilities.

Thank you, God Bless America, our military, and all of you.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3161 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING THE WILDCATS OF JONESVILLE HIGH SCHOOL OF UNION COUNTY ON WINNING THE CLASS A STATE FOOTBALL CHAMPIONSHIP FOR 1990.

H. 3162 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING THE UNION HIGH SCHOOL YELLOW JACKETS ON WINNING THE CLASS AAAA, DIVISION 2 STATE FOOTBALL CHAMPIONSHIP FOR 1990.

H. 3163 -- Reps. Rudnick, Smith, Sharpe, Keesley, Gentry and Huff: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. LLOYD T. OLSEN OF AIKEN COUNTY, FORMER AIKEN CITY COUNCILMAN, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 12:40 P.M. the House in accordance with the motion of Rep. BOAN adjourned in memory of Mrs. Deannie Roberts Dorman, grandmother of Sergeant at Arms Mitch Dorman, to meet at 10:00 A.M. tomorrow.

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