Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:30 P.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:
Beloved, hear the word recorded by the Psalmist in Psalm 127 (v.1):
"Except the Lord build the house,
they labour in vain that build it:
Except the Lord keep the city,
the watchman waketh but in vain."
Let us pray.
Heavenly Father, give inspiration, we pray, to the interaction of our executive and legislative leadership as our Governor comes before us in a Joint Assembly tonight.
May Saddam and the decision-makers at the highest earthly level be humble enough to know that the God of Creation is in charge and will have the last word concerning the existence of our planet earth.
Help us all to realize that peace on earth will not be achieved by the documents of diplomats nor even by the right of arms, but by the indwelling of the Spirit of God in human life whereby we acknowledge the Fatherhood of God and the Brotherhood of mankind.
Help us to make a positive influence this day because we sought your blessing at the beginning.
In the Name of the Lord of Life.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.
On motion of Senator O'DELL, Senator MULLINAX was granted a leave of absence for today.
On motion of Senator SETZLER, Senator MOORE was granted a leave of absence for today.
S. 548 -- Senator Passailaigue: A CONCURRENT RESOLUTION COMMENDING MARGARET S. TOWNSEND FOR HER OUTSTANDING SERVICE AS ONE OF THE MEMBERS OF THE SOUTH CAROLINA STATE ELECTION COMMISSION FOR TWENTY-ONE YEARS AND THANKING HER FOR HER LOYALTY AND MANY CONTRIBUTIONS TO THE PEOPLE AND GOVERNMENT OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.
S. 549 -- Senators Lourie, Wilson, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, 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 and Williams: A CONCURRENT RESOLUTION COMMENDING MAJOR GENERAL T. ESTON MARCHANT, THE ADJUTANT GENERAL OF SOUTH CAROLINA, UPON HIS BEING NAMED "SOUTH CAROLINIAN OF THE YEAR" BY WIS-TV IN COLUMBIA AND ADDING THE VOICES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND ALL SOUTH CAROLINIANS IN EXPRESSING APPRECIATION FOR THE DISTINGUISHED SERVICE OF THE ADJUTANT GENERAL.
Returned with concurrence.
Received as information.
S. 500 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, FEBRUARY 6, 1991, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE COURT OF APPEALS AND CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1991, AND TO ELECT JUDGES FOR THE NINE NEW CIRCUIT COURT JUDGESHIPS CREATED BY ACT 610 OF 1990, WHOSE TERMS SHALL BEGIN JULY 1, 1991.
Returned with concurrence.
Received as information.
The following were introduced:
S. 562 -- Senator Bryan: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF MARCH 18-22, 1991, AS THE "STUDENTS IN FREE ENTERPRISE, INCORPORATED WEEK" AND COMMEND THEM FOR THEIR FINE WORK AND DEDICATION.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 563 -- Senators Moore, Saleeby and Holland: A BILL TO AMEND SECTION 38-77-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW A POLICY OF INSURANCE, SO AS TO REQUIRE THAT THE NOTICE STATE THE RANGE OF POTENTIAL PENALTIES TO BE PAID TO THE STATE BY INDIVIDUALS THAT FAIL TO COMPLY WITH THE FINANCIAL RESPONSIBILITY LAW; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-10-242 SO AS TO PROVIDE EXCEPTIONS TO THE GENERAL REQUIREMENTS RESPECTING INSURANCE AND LICENSE TAGS FOR A MOTOR VEHICLE THAT IS NOT DRIVEN BECAUSE IT IS BEING RESTORED, REQUIRE A WRITTEN VERIFICATION UNDER OATH BY THE OWNER OF SUCH A VEHICLE, CREATE A MISDEMEANOR OFFENSE AND PROVIDE PENALTIES, AND PROVIDE THAT AN INDIVIDUAL WHO FALSELY VERIFIES UNDER OATH THAT A VEHICLE IS BEING RESTORED IS GUILTY OF PERJURY AND MUST BE PUNISHED ACCORDINGLY.
Read the first time and referred to the Committee on Banking and Insurance.
S. 564 -- Senator Rose: A BILL TO AMEND SECTION 59-21-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEVEL OF FINANCIAL EFFORT PER PUPIL REQUIRED OF EACH SCHOOL DISTRICT TO RECEIVE FUNDS UNDER THE EDUCATION IMPROVEMENT ACT OF 1984, SO AS TO PROVIDE THAT SURPLUS LOCAL FUNDS MUST NOT BE USED IN CALCULATING THE LEVEL OF FINANCIAL EFFORT.
Read the first time and referred to the Committee on Education.
S. 565 -- Senator Waddell: A BILL TO AMEND CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAXES, BY ADDING ARTICLE 23 SO AS TO ENACT THE INCOME TAX CREDIT FOR PROPERTY TAX RELIEF ACT; AND TO AMEND SECTION 12-37-250, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO REDUCE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS OF FAIR MARKET VALUE OF A DWELLING PLACE TO THE FIRST TEN THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF A DWELLING PLACE.
Read the first time and referred to the Committee on Finance.
S. 566 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-90 SO AS TO PROHIBIT THE DIRECT OR INDIRECT USE OF PUBLIC FUNDS TO PROMOTE, ADVERTISE, OR LOBBY FOR A TAX INCREASE AND TO DEFINE "PUBLIC FUNDS".
Read the first time and referred to the Committee on Finance.
S. 567 -- Senators Rose and Helmly: A BILL TO AMEND SECTION 5-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERNATE METHOD OF ANNEXATION BY PETITION OF SEVENTY-FIVE PERCENT OF FREEHOLDERS, SO AS TO PROVIDE THAT THE SIGNATURE OF A FREEHOLDER OWNING PROPERTY IN THE AREA REQUESTING ANNEXATION MAY NOT BE COUNTED IF THE PROPERTY HAS BEEN REASSESSED WITHIN SIX MONTHS BEFORE THE DATE OF THE FIRST SIGNATURE ON THE PETITION.
Read the first time and referred to the Committee on Judiciary.
S. 568 -- Senators Rose and Helmly: A BILL TO AMEND SECTION 5-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERNATE METHOD OF ANNEXATION BY PETITION OF SEVENTY-FIVE PERCENT OF FREEHOLDERS, SO AS TO PROVIDE THAT A COPY OF THE PETITION MUST BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA PROPOSED TO BE ANNEXED AT LEAST TWO TIMES THIRTY DAYS BEFORE THE DATE OF THE FIRST SIGNATURE ON THE PETITION.
Read the first time and referred to the Committee on Judiciary.
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.
Whereas, soybean oil is a viable alternative to petroleum in the manufacture of printing inks. Soybean oil-based inks were first developed in 1985 by the American Newspaper Publishers Association. Continued uncertainty over imported petroleum supplies was the impetus behind the development of soybean oil-based inks; and
Whereas, beginning in 1987, soybean oil ink has been used successfully by newspapers for both black and color printing. Due to its sharper colors, soybean oil inks have been marketed from the beginning as premium inks. Until the recent run-up in petroleum prices, soybean oil inks were slightly more expensive. Today, this discrepancy in prices no longer exists; and
Whereas, at the end of soybean oil ink's first marketing year, six newspapers were using it. By the end of its second marketing year, one thousand newspapers were using it. On its third anniversary, 9,100 newspapers were using soybean oil ink. This included one-half of the 1,700 daily United States newspapers; and
Whereas, in addition to its superior printing qualities, usage has been enhanced by concern for the environment and interest in domestically produced products. The soybean oil inks have the added advantage of longer press runs and less waste at start up; and
Whereas, it is estimated that if all newspapers switched to soybean oil ink, it would utilize 35-40 million bushels of soybeans - twice the annual production of South Carolina. If all commercial printers and magazines made the switch, usage would approach one hundred million bushels annually. It would take roughly three million acres of soybeans to meet this demand; and
Whereas, soybean ink for sheet-fed presses, commercial printers, heat-set presses, and magazines, has been on the market since early 1989. As soybean ink formulas are improved, companies are developing and introducing new soybean ink products. Many industry authorities think that soybean ink ultimately will be the most beneficial in heat-set formulations; and
Whereas, recently, researchers have developed a soybean oil ink that contains only soybean oil and pigments. By eliminating the need for solvents, resins, and other chemicals, this will reduce the cost of soybean ink and increase its environmental benefits; and
Whereas, while soybean ink is not totally biodegradable because of its pigment content, it is considered environmentally friendly. Petroleum ink, on the other hand, is totally nonbiodegradable. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That state agencies are encouraged 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.
Be it further resolved that a copy of this resolution be forwarded to the Director of the Division of Information Resource Management of the State Budget and Control Board.
Referred to the Committee on Finance.
H. 3352 -- Reps. Rudnick, Gentry, Huff, Keesley, Sharpe and Smith: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. JOSIE SMITH HAZEL OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendments report on:
S. 283 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
Appointment, Member, State Development Board, At Large-Chairman, with term to expire May 21, 1994:
Mr. Currie Byrd Spivey, Jr., 28 Southland Avenue, Greenville, South Carolina 29601 VICE Richard E. Greer
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
Reappointment, Member, Chief of the South Carolina Law-Enforcement Division, with term to expire coterminous with Governor:
Chief Robert M. Stewart, Sr., 3500 Fernandina Road, Apt. I-4, Columbia, South Carolina 29210
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
H. 3065 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-385 SO AS TO PROVIDE THE POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 18 -- Senator Passailaigue: A BILL TO AMEND SECTION 7-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL CANDIDATE NOMINATIONS BY PETITION, SO AS TO EXTEND THE TIME FOR FILING THE PETITION IN THE EVENT OF AN EMERGENCY DECLARED BY THE GOVERNOR AND THE CONDITIONS PRECIPITATING THE EMERGENCY DECLARATION PREVENT THE CANDIDATE FROM TIMELY FILING THE PETITION.
S. 216 -- Senators Passailaigue, Fielding, Washington, Martschink, McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-2417, SO AS TO PROVIDE A DESIGNATION ON INCOME TAX RETURNS TO CONTRIBUTE TO A HOUSING TRUST FUND, AND TO ADD ARTICLE 4 TO CHAPTER 3 OF TITLE 31, SO AS TO PROVIDE FOR THE CREATION OF THE HOUSING TRUST FUND OF SOUTH CAROLINA.
S. 227 -- Senator Rose: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCTING SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICES, SO AS TO PROVIDE THAT FOR PURPOSES OF THIS SECTION STATE HOLIDAY DOES NOT MEAN THE GENERAL ELECTION DAY.
S. 326 -- Senators Waddell, Leatherman, Lourie, Hayes and Giese: A BILL TO AMEND SECTION 12-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
S. 349 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITABLE SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EMPLOYMENT BY A REDEVELOPMENT COMMISSION CREATED BY A MUNICIPAL GOVERNING BODY IS CONSIDERED CREDITABLE SERVICE UPON PAYMENT OF THE AMOUNT REQUIRED BY LAW FOR ESTABLISHING CREDITABLE SERVICE.
The following Bills having been read the second time were passed and ordered to a third reading with notice of General Amendments:
H. 3302 -- Rep. Burch: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-13-153 IN CHESTERFIELD COUNTY.
On motion of Senator HOLLAND, H. 3302 was ordered to receive a third reading on Thursday, January 31, 1991.
S. 165 -- Senator Pope: A BILL TO AMEND SECTION 33-14-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSTATEMENT OF A CORPORATION FOLLOWING ADMINISTRATIVE DISSOLUTION, SO AS TO PROVIDE THAT A CORPORATION MAY APPLY TO THE SECRETARY OF STATE FOR REINSTATEMENT AT ANY TIME AFTER THE EFFECTIVE DATE OF DISSOLUTION, RATHER THAN "WITHIN TWO YEARS" AFTER THE EFFECTIVE DATE OF DISSOLUTION; AND TO PROVIDE THAT THIS CHANGE IS APPLICABLE TO ALL CORPORATIONS IN A STATE OF DISSOLUTION AT THE TIME THIS ACT BECOMES EFFECTIVE, REGARDLESS OF THE EFFECTIVE DATE OF DISSOLUTION.
S. 353 -- Senators Giese and Rose: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION, SO AS TO DELETE THE DATE BY WHICH LIFE ESTATES CREATED OTHER THAN BY WILL ARE OTHERWISE ELIGIBLE FOR THE EXEMPTION.
Senator GIESE explained the Bill.
S. 414 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-1-220 SO AS TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION, COUNTY AUDITORS, ASSESSORS, AND COUNTY BOARDS OF TAX APPEALS, WHERE NOT PROHIBITED BY RULE OF THE SOUTH CAROLINA SUPREME COURT, TO PREPARE AND PRESENT CASES OR APPOINT THEIR EMPLOYEES TO PREPARE AND PRESENT CASES IN ADMINISTRATIVE PROCEEDINGS, TO PROVIDE THAT A TAXPAYER MAY AUTHORIZE ATTORNEYS, CERTIFIED PUBLIC ACCOUNTANTS, APPRAISERS, OR OTHERS TO SPEAK FOR HIM IN ADMINISTRATIVE TAX PROCEEDINGS, TO REQUIRE THE TAXPAYER TO BE PRESENT AT ADMINISTRATIVE TAX PROCEEDINGS EXCEPT WHERE THE TAXPAYER HAS FILED A VALID POWER OF ATTORNEY NAMING AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT AS HIS REPRESENTATIVE, AND TO REQUIRE CORRESPONDENCE AND NOTICES TO BE SENT TO THE TAXPAYERS EXCEPT WHEN HE IS REPRESENTED BY AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT FOR WHOM THE TAXPAYER HAS FILED A POWER OF ATTORNEY.
S. 496 -- Senators Bryan and O'Dell: A BILL TO AMEND ACT 389 OF 1955, AS AMENDED, RELATING TO THE PIEDMONT SEWER, LIGHT AND FIRE DISTRICT IN ANDERSON AND GREENVILLE COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO OWN AND OPERATE RECREATIONAL FACILITIES AND TO LIMIT THE EXPENDITURE OF TAX REVENUES OF THE DISTRICT WITH RESPECT TO RECREATIONAL NEEDS.
S. 317 -- Senators Lourie, Giese and Passailaigue: 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 DELETE THE PROVISION THAT EACH OWNER OF A PART OF THE FEE OR LIFE ESTATE OWNS EQUAL INTEREST IN THE HOMESTEAD.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators GIESE and LOURIE proposed the following amendment (JIC\5281.HC), which was adopted:
Amend the bill, as and if amended, page 1, by inserting after the period on line 31:
/For purposes of the calculation required by this paragraph, a percentage of ownership less than five percent is considered to be five percent./
Amend title to conform.
Senator GIESE explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 263 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION HEARINGS AND RECORDS, SO AS TO PROHIBIT THE RELEASE OF IDENTIFYING INFORMATION PERTAINING TO AN ADOPTION AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Senator NELL W. SMITH explained the Bill.
S. 273 -- Senators J. Verne Smith and Giese: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE APPLICATION REQUIRED TO OBTAIN THE FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY MAY BE FILED AT ANY TIME ON OR BEFORE THE FIRST PENALTY DATE FOR TAXES ON THE PROPERTY FOR THE YEAR IN WHICH THE SPECIAL ASSESSMENT RATIO FIRST APPLIES.
S. 318 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-460 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS WHICH WOULD ESTABLISH A PROCEDURE FOR THE ELECTRONIC TRANSMISSION OF AN ABSENTEE BALLOT.
S. 420 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO DELETE OBSOLETE LANGUAGE WITH RESPECT TO THE EXEMPTION FOR INVENTORIES AND CLARIFY THAT THE EXEMPTION APPLIES TO ALL INVENTORIES.
S. 559 -- Senators Horace C. Smith, Waddell, Leatherman, Moore and J. Verne Smith: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO DECREASE AND INCREASE AUTHORIZATIONS FOR FACILITIES OF THE DEPARTMENT OF YOUTH SERVICES.
(By prior motion of Senator WADDELL, with unanimous consent)
S. 558 -- Finance Committee: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 2 AND 4 SO AS TO REVISE AND CONSOLIDATE PROVISIONS RELATING TO TAXES AND THE SOUTH CAROLINA TAX COMMISSION AND TO DELETE OBSOLETE PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-54-227, 11-5-260, AND 11-5-270 SO AS TO PROVIDE FOR THE COLLECTION OF TAXES FROM OUT-OF-STATE TAXPAYERS AND TO MOVE PROVISIONS RELATING TO THE DISTRIBUTION OF TAX REVENUES DEDICATED TO AID TO SUBDIVISIONS FROM TITLE 12 TO THE CHAPTER DEALING WITH THE DUTIES OF THE STATE TREASURER; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO CONFIDENTIALITY OF TAX RETURNS, SO AS TO CONSOLIDATE EXISTING CONFIDENTIALITY REQUIREMENTS; AND TO REPEAL CHAPTERS 1 AND 3 OF TITLE 12 AND SECTION 12-7-60 OF THE 1976 CODE RELATING TO THE SOUTH CAROLINA TAX COMMISSION AND TO THE BOND REQUIRED FOR ITS OFFICERS, AGENTS, AND EMPLOYEES.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator WADDELL proposed the following amendment (JIC\5282.HC), which was adopted:
Amend the bill, as and if amended, by striking Section 3, beginning on page 14.
Renumber sections to conform.
Amend title to conform.
Senator WADDELL explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 445 -- Senator Stilwell: A SENATE RESOLUTION TO AMEND RULE 5 OF THE RULES OF THE SENATE OF SOUTH CAROLINA, RELATING TO THE DETERMINATION OF WHEN A SENATOR HAS THE FLOOR, SO AS TO REQUIRE A SENATOR DESIRING TO SPEAK TO RISE AND ADDRESS THE PRESIDENT AND TO PROVIDE THAT THE SENATOR DESIRING TO SPEAK MAY NOT PROCEED UNTIL HE IS RECOGNIZED BY THE PRESIDENT.
The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of the amendment proposed by Senator McCONNELL (res445.1) and printed in the Journal of January 22, 1991.
The amendment was adopted.
The Senate Resolution, as amended, was adopted.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator WADDELL, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator McCONNELL raised a Point of Order that under Rule 40, the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
S. 531 -- Senator Fielding: A BILL TO PROVIDE THAT BEGINNING WITH THE 1992 GENERAL ELECTION THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT CONSISTS OF NINE MEMBERS ELECTED FROM SINGLE-MEMBER DISTRICTS, TO PROVIDE FOR THE FILLING OF VACANCIES FROM THE DISTRICTS, TO ESTABLISH THE NINE SINGLE-MEMBER DISTRICTS, TO PROVIDE THAT TRUSTEES ELECTED IN 1990 SHALL SERVE UNTIL THE EXPIRATION OF THEIR TERMS, TO PROVIDE FOR THE 1992 ELECTION FOR TRUSTEES FROM DISTRICTS ONE, TWO, FIVE, SIX, AND NINE, AND TO PROVIDE FOR THE 1994 ELECTION FOR TRUSTEES FROM DISTRICTS THREE, FOUR, SEVEN, AND EIGHT; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO CONFORM THE PETITION REQUIREMENT FOR NOMINATION TO THE SYSTEM OF REPRESENTATION PROVIDED IN THIS ACT.
Senator FIELDING asked unanimous consent to take up the Bill for immediate consideration.
Senator MARTSCHINK objected.
S. 226 -- Senators Waddell and Passailaigue: A JOINT RESOLUTION TO ALLOW STATE INCOME TAX DEDUCTIONS FOR INDIVIDUALS FOR COMMERCIAL TIMBER LOSSES AND TIMBER DAMAGE ASSESSMENTS ATTRIBUTABLE TO THE IMPACT OF HURRICANE HUGO IN COUNTIES DECLARED A FEDERAL DISASTER AREA BECAUSE OF THE IMPACT OF HURRICANE HUGO, TO PRESCRIBE THE ELIGIBILITY REQUIREMENTS FOR THE DEDUCTION INCLUDING REDUCTION OF OTHER TAX ATTRIBUTES OF TAXPAYERS CLAIMING THE DEDUCTION, AND TO ELIMINATE PENALTIES FOR FAILURE TO FILE TAX RETURNS DUE FROM SEPTEMBER 18, 1989, TO NOVEMBER 30, 1989, FOR TAXPAYERS IN COUNTIES DECLARED DISASTER AREAS.
On motion of Senator WADDELL, the Resolution was carried over.
The PRESIDENT appointed Senators J. VERNE SMITH, MATTHEWS, MARTSCHINK and HINDS to escort the Governor and his party to the rostrum at the Joint Assembly.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate agreed to go into Executive Session prior to recess.
On motion of Senator J. VERNE SMITH, 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:
Reappointment, Member, Chief of the South Carolina Law-Enforcement Division, with term to expire coterminous with the Governor:
Chief Robert M. Stewart, Sr., 3500 Fernandina Road, Apt. I-4, Columbia, S.C. 29210
Appointment, Member, State Development Board, At Large-Chairman, with term to expire May 21, 1994:
Mr. Currie Byrd Spivey, Jr., 28 Southland Avenue, Greenville, South Carolina 29601 VICE Richard E. Greer
Reappointment, Member, Oconee County Board of Voter Registration At-Large, with term to expire June 6, 1991:
Mr. Edwin T. Mitchell, 512 Kenwood Drive, Westminster, South Carolina 29693
Reappointment, Member, Greenville County Magistrate Part Time, with term to expire on April 30, 1994:
Honorable Shirley Babb Keaton, 112 West Oak Hill Road, Belton, South Carolina 29627-9239
At 3:16 P.M., on motion of Senator WADDELL, the Senate receded from business until 6:45 P.M.
The Senate reassembled at 6:45 P.M. and was called to order by the PRESIDENT.
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. 3267 -- Reps. Sheheen, T.C. Alexander, Beasley, Bennett, Boan, Carnell, Foster, Hayes, Mattos, McTeer, Waldrop and Wilkins: 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 30, 1991.
The Honorable Carroll A. Campbell, Jr., and members of his party, were escorted to the rostrum by Senators J. VERNE SMITH, MATTHEWS, MARTSCHINK and HINDS and Representatives Haskins, McElveen, White and Boan.
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, ladies and gentlemen of the General Assembly, my wife, Iris, and my sons, my fellow South Carolinians:
It is my honor and privilege to again report to you on the State of the State.
But first it is appropriate to acknowledge this perilous moment in world history.
I will never forget two weeks ago tonight. Minutes before my scheduled address, we received word that the United States was at war.
I then came up to announce postponement of my State of the State message and I looked into your eyes. I saw sadness and concern, but I also saw unity.
It was driven home for me a few minutes later when a long-time legislative opponent asked to see me. He told me in so many words despite our deep political differences, he wanted to stand shoulder to shoulder for our country.
I don't want to embarrass him by calling his name, but that gesture said it all.
When you get right down to it, when you strip away momentary pressures and politics, we are left with one unassailable truth: we stand united with what Abe Lincoln called "The Love of Liberty which God has planted in our bosoms."
While the protesters get the headlines, they are but a spot in a sea of red, white and blue because the people are united behind their President and troops.
It is in this spirit that we remember Senators Phil Leventis and Mike Mullinax and Representative Jim Harrison--our friends and colleagues called to active duty.
I ask you to stand in a moment of silent prayer for these men and all of our military personnel serving their country tonight.
Please stand.
Amen. Please be seated.
This is not a normal year, and this will not be a normal message. Many matters will be addressed by this distinguished body and I will be working with you to address them.
However, I have chosen to use my limited time tonight to discuss five critical and complex issues which will largely determine the State of the State in future years.
We have the tightest budget year I've ever faced.
It is the year for reapportionment.
We have urgent environmental matters.
And finally, government ethics and accountability. The cornerstone of democracy--trust and confidence--is cracked.
The biblical account of Queen Esther's rule in turbulent times of ancient Israel gives us encouragement. As she faced dangerous and critical decisions, she received a bold exhortation from Mordecai, which ennobled her to face the challenges.
The words of Mordecai to Esther: "And who knows whether you have not attained royalty for such a time as this?"
My words to you tonight: and who knows whether you have not attained leadership for such a time as this?
Let history record that we were the right people in the right place at the right time, and that we made the right decisions.
If recent problems dictate change, longstanding achievements by this body dictate continuation.
I'm talking about record-breaking years of economic growth which produced 200 thousand new jobs and a better quality of life.
I'm talking about policies that many of you voted for which helped make South Carolina the top southern state in personal income growth.
I'm talking about policies that not only forsook general tax increases, but actually cut them for the working poor.
Ladies and gentlemen, the harm done by the few in this body cannot negate the good done by the many.
The year-end report by the Board of Economic Advisers shows continued employment growth for South Carolina--in stark contrast to the Nation as a whole.
1990 was the third best year ever with announced capital investment of 2.7 billion dollars.
That means 11,800 direct new jobs, 52 percent of which are going to rural South Carolina. Significantly, 16 percent of the jobs are coming from the corporate headquarters/office sector.
That's a direct result of the legislation we wrote to diversify our economic base, and I congratulate you for your work.
But we are not immune from the national downturn.
The good news is that based on current BEA projections, we can handle the shortfall without disruptive midyear budget cuts. We are in good shape compared to most other states.
The bad news is that we do not have the money to do everything we would like.
You have received the budget proposals from the Budget and Control Board for fiscal year 91-92.
The choices are simple: raise taxes, cut education or slightly reduce the budgets of those agencies which have gotten the largest increases in recent years.
Raising taxes in a recession is like turning on the air conditioner in a snowstorm. I ask you to reject attempts to raise taxes so we don't become part of the problem.
I've heard some say just freeze everything including education. No pay raise for teachers, no incentive to improve their teaching skills, no textbooks.
Putting educational reform in the deep freeze, even for one year, will again institutionalize mediocrity and we might never be able to thaw out.
I have taken a very firm and public stance for the third option: slight cuts in agencies that received the largest budget increases in recent years to protect education and public safety. Some of these increases run 40 percent or more just in the last two years.
I want it understood that I'm not standing up for teachers at the expense of any other group. I'm standing up for children and the laws of South Carolina passed right here before I took office.
These laws acknowledge education to be the single most important social program in South Carolina, and we dare not turn the clock back.
Last year I submitted for your consideration a parental responsibility bill, but we didn't have the time to deal with it. I again offer it to you.
This bill reinforces the parent-school relationship, and reaffirms traditional family values and responsibilities.
There are other budget priorities largely dictated by society itself.
South Carolina has one of the highest rates of incarceration in the country.
We have a high crime rate and some of the toughest prison sentences anywhere.
We either have to continue building prisons or change some of the laws for nonviolent offenders--one or the other.
But we cannot jeopardize our citizens by stacking up the inmates and not giving the Department of Corrections the resources to manage them.
A matter I have addressed before has again surfaced. The South Carolina Department of Youth Services is under court challenge.
I am asking you to exempt both Corrections and DYS from budget cuts, give them additional resources for education and make new facilities for Youth Services the number one priority in the bond bill.
There's still hope for those children. More than eighty percent come from broken homes. Most don't know simple things like love and church and family.
If we do not help them now, most will graduate to the adult corrections system, imposing a huge social and economic burden on the State.
I ask you not to abandon these children. I ask you to help them.
You and I need to be aware of what's happening with federal health care mandates. The federal government mandates a national standard for poverty. South Carolina is held to the same definition as New York or California, though our cost of living is not nearly as high.
So dramatic is our spending that by the end of the next fiscal year, 60-percent of all pregnant women and babies born in South Carolina will be eligible for taxpayer-funded health care.
This Medicaid program now covers up to 185 percent of poverty, tied for the highest in nine southeastern states that were surveyed.
Some in Washington keep pressuring the states to liberalize and spend in order to get through the back door what they can't get through the front door. And that's national health insurance.
Let us help those who can't help themselves. But let's not spend ourselves into bankruptcy because we won't be able to help anybody.
A basic responsibility of this Body is to guarantee equality in the voting booth. This is the year to reapportion legislative and congressional districts reflecting the shifts in population.
It is imperative to draw districts that adhere to the one man-one vote principle, districts that provide equal opportunity regardless of race or party affiliation, and districts that are not specifically drawn to favor incumbents.
As you know, we are under the Voting Rights Act, meaning the Justice Department must approve what we do.
In this regard the Justice Department has sent signals that it will be wary of a plan that does not contain a black majority congressional district.
I suggest that it would be wise to draw such a district rather than have the courts reapportion our State for us.
The time was 1951. Governor James F. Byrnes looked at South Carolina's crazy-quilt pattern of 1,200 school districts and the unequal educational opportunities they provided.
He decided it was time to challenge the power structure by restructuring and consolidating.
In his 1951 Inaugural Address, Governor Byrnes proclaimed, "We should do it because it is right. For me, that is sufficient reason." The number of school boards was reduced by more than a thousand.
Forty years later an historic opportunity awaits another legislature, and governor to restructure an outdated form of government.
Ladies and gentlemen, it is time to recognize that state government is not directly accountable to anyone elected by all of the people.
It is a government run by boards and commissions, some appointed by me, others by you. Some from congressional districts, others from judicial circuits. Some with many members, others with few.
Let me put it in perspective. At the genesis of this system of fragmented government, the state budget was less than a million dollars. South Carolina's population was a little more than a million. The primary horsepower was the four-legged kind.
What served the State then, chokes it now.
It is impossible to coordinate resources. It is impossible to prevent duplication.
Why should we have 11 natural resource agencies, with 11 personnel departments, 11 accounting departments and 11 different bureaucracies?
Who do we have ten agencies dealing with different parts of commerce?
Our system squanders tax dollars and fragments services.
This isn't a new revelation. One of South Carolina's most famous historians, the late David Duncan Wallace, concluded, quoting, "The Governor is denied power to execute laws he is sworn to uphold."
And Robert Figg, Junior, a former legislator and Dean of the USC Law School, wrote in 1951, quoting again, "The Governor possesses little or no power to control or direct the greater part of the State's executive and administrative activities."
More recently in 1988, Lieutenant Governor Theodore's Commission on the Future recommended strengthening the executive branch to provide what it called "focused accountability."
Tonight I am submitting to you a plan to restructure government. It creates ten cabinet-level departments answerable to the chief executive so that we may have that focused accountability.
This is largely a post-Carroll Campbell proposal. I do not seek it for myself. I seek a more responsive government for the people who pay for it.
I have by executive order created the Committee to Implement Restructuring. Lieutenant Governor Theodore and House Judiciary Committee Chairman David Wilkins have agreed to serve as co-chairmen.
We will seek leaders from business, government and the academic community to take my ideas, along with others, and hammer out a consensus document.
I'm not wedded to every detail in my proposal. A strong case can be made, for example, to make agriculture a separate cabinet-level agency to reflect its importance.
But I am wedded to the concept of restructuring.
It is my hope that a panel chaired by a democrat and republican can have the legislation prepared and constitutional amendments ready for the voters in 1992.
Change can be dangerous business. More dangerous, however, is business as usual.
Let us not debate power or perks. Let us instead forge a new government--a government that hears the people, responds to the people and is accountable directly to the people.
As Jimmy Byrnes said, "We should do it because it is right." And that should be sufficient reason for us all.
While I'm at it let me say that those agency boards appointed by judicial circuit are not equally representing the people because the judicial circuits do not equally represent the people.
The largest circuit, the 13th Circuit, contains 408,000 people, while the smallest, the 6th Circuit, has only 105,000.
We must guarantee that every part of South Carolina is represented equally on these policy-making boards.
Recently I have read with great interest comments from certain legislators about separation of powers. I'm glad they brought it up.
If you want to talk separation of powers, let's talk about members of the legislative branch serving on executive boards and commissions.
The separation of powers provision of the Constitution is a myth when legislators vote on an agency's budget, vote on laws governing the agency and then vote on agency policy as board members.
Democrats and Republicans back legislation prohibiting legislators from serving on agency boards and commissions. I urge you to stop this practice because it mocks the separation of powers principle.
Government reform is essential to restore accountability to the people. And ethics reform is essential to restore the confidence of the people.
We all know there's a crisis of confidence today. Ours is a bleeding State, ripped open by scandal.
But where crisis abounds, so abounds opportunity even more.
Author Dennis Waitley writes that the Chinese symbols for crisis are identical to those for the word opportunity. Literally translated it reads, "Crisis is an opportunity riding the dangerous wind."
An apt description for our situation today.
Let history write of this body, "It rode the dangerous wind. It faced the storm. And in the name of decency and integrity, the 1991 General Assembly recaptured its good reputation and again made the people proud."
I am submitting draft ethics and campaign reform legislation for your consideration. I have taken many of these proposals right from federal law, which has withstood court challenge.
The bottom line to meaningful reform is openness. Justice Brandeis said sunshine is the best of disinfectants.
The public does indeed have a right to know, and, if they know, they can make judgements.
There should be full public disclosure of campaign contributions well in advance of elections.
There should be strict rules to limit cash contributions.
We must have reasonable rules governing lobbyists, including disclosure of their expenses.
But let's not kid ourselves: banning a free hamburger and calling it reform is like treating lung cancer with cough syrup.
There must be full disclosure of economic interest.
If we really want to get at the heart of ethics, then we'll require complete disclosure of fees--legal and lay alike--and we'll let the public know who's getting paid to do what at state boards and commissions.
As we consider reform, we must also acknowledge that South Carolina hasn't had the mechanism to police itself. When they rejected limiting the scope of the statewide grand jury last November, the voters sent us a message.
Even if we can't fund it this year, I ask that you pass the necessary laws empowering the statewide grand jury to investigate public corruption.
There's one other related matter I'd like to address. You are citizen legislators. Many of you make great sacrifices from your jobs and families to serve here.
But long legislative sessions mean fewer South Carolinians can consider the option of public service. This is wrong.
Good government dictates a limitation of each legislative session to no more than 40 days, and I ask you to approve such a limitation.
Even as we work to clean up the political environment, so must we continue working together to protect our natural environment.
South Carolina's unique geography provides us with an abundance of freshwater wetlands. Underlying their charm and beauty is a remarkable usefulness that we saw when much of last year's flooding was stopped as the wetlands absorbed excess water.
Efforts to protect our wetlands died last year when some refused to accept a balanced no-net-loss approach. We should revisit the wetlands issue this year and adopt reasonable protection standards.
Nor can we fail again to heed the warnings about solid waste. I commend the countless South Carolina families who have made recycling a part of their lives.
They understand that we cannot continue to throw away because, as I have said before, there is no away.
We can either address the solid waste problem now in a methodical way, or we can act in crisis when our landfills are used up in a few years.
I say let us act now--this year--by adopting tough solid waste management legislation that emphasizes recycling.
And finally, there is hazardous waste. South Carolina has moved as responsibly as we know how.
Together, we drew the line, saying simply that we were prepared to do our fair share while expecting others to do theirs.
I negotiated a southeastern regional agreement to share the burden. You codified the bans and limits of my executive orders and we instituted a phased-in reduction for the Pinewood Landfill.
And when a state reneged on its part of the agreement, we did the only honorable thing when a partner breaks his word: we expelled the partner.
But all of our work has been nullified by a federal judge.
His ruling in essence says a state can't stop any kind of garbage from crossing its boarders and being dumped.
It means a state has no control over its own destiny. The ruling punishes responsibility, and rewards irresponsibility.
And it puts corporate profits above public good.
I tell you tonight that South Carolina will not be run over by judicial excess. We will appeal this ruling all the way to the Supreme Court if necessary and will do everything within our power to restore sanity to this process.
But we are working on other fronts. I have written our congressional delegation seeking legislation for hazardous waste similar to that which exists for radioactive waste.
Basically I am saying that if interstate commerce permits regional agreements for radioactive waste, and penalties for states violating their agreement, then hazardous waste should be no different.
And I will continue to press the Environmental Protection Agency to follow its own policies by penalizing states which are unable to show adequate capacity.
Superfund money should be withheld from any state until it is in compliance with federal law and until it sites its own hazardous waste facilities.
As in the past I want to work with you in finding other solutions. But I plan to do one more thing. Within the next several weeks it is my intention to go to Washington to speak directly with EPA administrator Bill Reilly and White House officials.
I shall ask for the administration's help in establishing a national hazardous waste policy: A policy that is fair, a policy that involves all states and a policy that does not punish states such as South Carolina that are trying to do what's right.
As we look to the future there are many questions that cannot be answered tonight.
But as Thomas Carlyle said, "Our main business is not to see what lies dimly at a distance, but to do what lies clearly at hand."
The issues I have addressed are clearly at hand.
The year will not be easy. But let us take courage, for we possess a rich heritage of triumph over adversity.
It is literally carved in stone on the side of this building, where gold stars mark the cannonball hits.
It is written in diaries, such as Emma LeConte's, who, after the burning of Columbia, penned the words, "The very air is fraught with sadness and silence."
Our heritage is not molded with clay, but forged in steel. Our history is not one of simply accepting difficulties, but overcoming them.
Let us get on with the business at hand: bolstered by our heritage, committed to our purpose, and confident of our calling.
Thank you and God bless our men and women in uniform 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.
At 7:41 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:45 A.M.
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