South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

WEDNESDAY, JANUARY 24, 1996

Wednesday, January 24, 1996
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

We thank You, Heavenly Father, for this hallowed moment of prayer when we close from our minds the noise of the world about us. We pray for our governor and for all others entrusted with the leadership of government. Solemnize us in the thought that many look to this hall for wise words and right decisions. Keep us, then, wise in debate, charitable in judgment, and right in decisions. Keep our daily actions radiant with the halo of Your truths. In our private lives and in our public service, help us each day to grow more like You.

Lord, in Your mercy, hear 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.

MOTION ADOPTED

Rep. WITHERSPOON moved that when the House adjourns, it adjourn in memory of Paul Creel of Horry County, which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1903
Promulgated By Department of Health and Environmental Control
Minimum Standards for Licensing Clinics Performing Abortions During Second Trimester
Received By Speaker January 23, 1996
Referred to House Committee on Judiciary
120 Day Review Expiration Date May 23, 1996

REPORTS OF STANDING COMMITTEES

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3750 -- Reps. Keyserling and Richardson: A BILL TO AMEND SECTION 50-17-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS AUTHORIZED FOR TRAWLING SHRIMP.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 4100 -- Rep. Thomas: A BILL TO AMEND SECTION 44-55-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO COLLECT AND DISPOSE OF SOLID WASTE AND LEVY A SERVICE CHARGE FOR COLLECTION SERVICES, SO AS TO ADD THE AUTHORITY TO LEVY A SERVICE CHARGE FOR DISPOSAL OF SOLID WASTE, AND PROVIDE A PROCEDURE FOR COLLECTING A DELINQUENT SERVICE CHARGE.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4332 -- Reps. Sharpe, Sandifer and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-423 SO AS TO REQUIRE THE USE OF APPROVED BYCATCH REDUCTION DEVICES IN SHRIMP TRAWLS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4334 -- Reps. Sharpe, Sandifer, Inabinett and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-800 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR THE TAKING OF EELS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3229 -- Reps. L. Whipper, Fulmer, Spearman, Harrell, Simrill, Clyburn, Breeland, G. Brown, Robinson, R. Smith, Tripp, Limehouse and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1045 SO AS TO MAKE IT UNLAWFUL AND A FELONY FOR ANY PERSON AT LEAST EIGHTEEN YEARS OF AGE TO USE, SOLICIT, INDUCE, COERCE, OR EMPLOY A PERSON UNDER EIGHTEEN TO COMMIT A VIOLENT CRIME OR THE CRIME OF LYNCHING, ALSO TO MAKE IT UNLAWFUL TO CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATION.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 189 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN CERTAIN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; AND TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO BALLOT SPECIFICATIONS IN PARTY PRIMARIES, SO AS TO PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF PERSONS IN ALPHABETICAL ORDER.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN THIRTY DAYS OF THE GENERAL ELECTION.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 641 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN DISCHARGED FROM THE ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER THE DISCHARGE OR SEPARATION FROM SERVICE, UP TO 5:00 P.M. ON THE DAY OF THE ELECTION.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

S. 771 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO PROVIDE THAT ALL CANDIDATES, EXCEPT FOR PETITION CANDIDATES, MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY BETWEEN THE SIXTEENTH OF MARCH AND THE THIRTIETH OF MARCH, TO PROVIDE THAT CANDIDATES SEEKING NOMINATION FOR THE OFFICE OF STATE SENATE OR THE HOUSE OF REPRESENTATIVES MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY WITH THE COUNTY EXECUTIVE COMMITTEE OF THEIR RESPECTIVE PARTIES IN THEIR COUNTY OF RESIDENCE, WHICH MUST IN TURN TRANSMIT THESE STATEMENTS TO THE EXECUTIVE COMMITTEE OF THE STATE PARTY, AND TO DELETE PROVISIONS RELATING TO PETITION CANDIDATES; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT ALL CANDIDATES UNDER THIS SECTION MUST SUBMIT A NOTICE OR PLEDGE NO LATER THAN THE THIRTIETH OF MARCH; TO AMEND SECTION 7-13-40, AS AMENDED, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO PROVIDE THAT CERTIFICATION OF THE NAMES OF CANDIDATES TO BE PLACED ON PRIMARY BALLOTS MUST BE MADE NOT LATER THAN TWELVE O'CLOCK NOON ON APRIL NINTH; AND TO AMEND SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES, SO AS TO PROVIDE THAT FILING FOR PETITION CANDIDATES MUST OPEN AT NOON ON THE ELEVENTH TUESDAY AFTER THE VACANCY OCCURS FOR A PERIOD TO CLOSE SEVEN DAYS LATER AT NOON.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF TITLE 20, CHAPTER 7, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES; TO REPEAL SECTIONS 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN TITLE 20, CHAPTER 7 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4284 -- Reps. McAbee and Harrison: A BILL TO AMEND SECTION 15-49-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICATION FOR A NAME CHANGE, SO AS TO REQUIRE THE PERSON TO SUBMIT A CERTIFIED COPY OF HIS BIRTH CERTIFICATE AND TO PROHIBIT PETITIONING FOR A NAME CHANGE IF THE PERSON IS INCARCERATED, ON PROBATION, OR PAROLE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: A BILL TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4054 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE PROVISIONS OF TITLE 42, WORKERS' COMPENSATION, APPLY TO AND INCLUDE ALL PARTICIPANTS IN THE TECH PREP PROGRAM, WHETHER COMPENSATED OR NOT, WHILE THEY ARE ON THE PREMISES OF A PARTICIPATING EMPLOYER, AND BY ADDING SECTION 42-1-55 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION RATE FOR TECH PREP PROGRAM PARTICIPANTS SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR OR THE SAME RATE THAT THE EMPLOYER PAYS TO COMPARABLE EMPLOYEES, AND REQUIRE THE WORKERS' COMPENSATION COMMISSION TO ENFORCE THIS SECTION BY THE PROMULGATION OF APPROPRIATE REGULATIONS.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4484 -- Rep. Keegan: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1996 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 24, 1996, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4485 -- Reps. Klauber, Wofford, Young-Brickell, Cooper, Quinn, J. Young, Robinson, R. Smith, Riser, Williams, Townsend and Stille: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE USE OF THE EDDIE EAGLE ELEMENTARY GUN SAFETY EDUCATION PROGRAM IN THE ELEMENTARY SCHOOLS OF THIS STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1053 -- Senator Bryan: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. CECIL GARRETT, OF LAURENS, A PROMINENT CIVIC LEADER AND COUNTY TREASURER, UPON HIS DEATH.

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. 1056 -- Senators Setzler, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER IN PUBLIC SERVICE OF MR. MILTON W. (MILT) DUFFORD OF THE DEPARTMENT OF PUBLIC SAFETY UPON HIS RETIREMENT AS DIRECTOR OF THE DIVISION OF MOTOR VEHICLES AND EXTENDING TO HIM THEIR BEST WISHES FOR A HAPPY, HEALTHY, AND PRODUCTIVE RETIREMENT.

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. 1058 -- Senators Short, Peeler, Lander, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY AND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE HONORABLE JAMES M. ARTHUR, SR. OF UNION COUNTY, A PROMINENT CIVIC LEADER AND FORMER LEGISLATOR, UPON HIS DEATH.

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

INTRODUCTION OF BILLS

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

H. 4486 -- Reps. Limehouse, Tripp, Whatley and Knotts: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT NINE OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY MUST VOTE IN FAVOR OF CONVICTING A PERSON OF MURDER AND IMPOSING THE DEATH PENALTY WHERE A PERSON HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.

Referred to Committee on Judiciary.

H. 4487 -- Reps. J. Young, Wofford, McElveen, Hutson, Kelley, Harrison, Bailey, Martin, Thomas, Kinon and J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-7-815 SO AS TO PROVIDE THAT THE SUPREME COURT BY RULE, WITH THE ASSISTANCE OF THE OFFICE OF COURT ADMINISTRATION, SHALL DEVELOP A JUROR QUALIFICATION FORM WHICH SHALL BE MAILED OR DELIVERED BY THE CLERK OF COURT OR OTHER COURT OFFICIAL TO EACH PROSPECTIVE JUROR ALONG WITH HIS SUMMONS FOR JURY DUTY, TO REQUIRE THE PROSPECTIVE JUROR TO FILL OUT THE JUROR QUALIFICATION FORM AND STATE ANY KNOWN DISQUALIFICATIONS THEREON, AND TO PROVIDE THE PROCEDURES WHEREBY THE NAMES OF JURORS STATING A DISQUALIFICATION SHALL BE DELETED FROM THE LIST OF JURORS FOR A PARTICULAR TERM OF COURT; AND TO AMEND SECTION 14-7-810, RELATING TO DISQUALIFICATIONS FOR JURY SERVICE, SO AS TO REQUIRE A PERSON CALLED TO JURY SERVICE TO STATE ANY DISQUALIFICATIONS ON HIS JUROR QUALIFICATION FORM.

Referred to Committee on Judiciary.

H. 4488 -- Reps. Wofford, Hallman, Sharpe, H. Brown, Walker, Allison, Cain, Williams, Klauber, Young-Brickell, Delleney, Chamblee, Witherspoon, Quinn, Wells, Riser and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-105 SO AS TO PROHIBIT AN ABORTION UNLESS IT IS NECESSARY TO SAVE THE LIFE OF THE WOMAN OR IF THE WOMAN IS PREGNANT AS A RESULT OF RAPE OR INCEST.

Referred to Committee on Judiciary.

H. 4489 -- Reps. Knotts, Cotty, Wilkins, Haskins, Wright, Whatley, H. Brown, Koon, Riser, Martin, Fulmer, Neal, Quinn, Stuart, Lanford, R. Smith, Law, Elliott, Herdklotz, Thomas, Waldrop, Klauber, Wofford and S. Whipper: A BILL TO ENACT THE "SAFE DRIVER'S RESPONSIBILITY ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-738 SO AS TO PROVIDE THAT A LICENSED DRIVER SHALL RECEIVE ONE SAFE DRIVER CREDIT FOR EACH YEAR IN WHICH HE RECEIVES NO POINTS UNDER SECTION 56-1-720, PROVIDE FOR A MAXIMUM NUMBER OF SAFE DRIVER CREDITS, PROVIDE FOR A REDUCTION IN THE MOTOR VEHICLE INSURANCE RECOUPMENT FEE BASED ON SAFE DRIVER CREDITS, LIMIT THE IMPOSITION OF MERIT RATING PLAN POINTS OR SURCHARGE POINTS, AND PROVIDE A PROCEDURE FOR THE ATTACHMENT OF LIABILITY INSURANCE COVERAGE DIRECTLY TO AN INSURED'S DRIVER'S LICENSE, RATHER THAN HIS MOTOR VEHICLE, AND FOR THE PRESENTATION OF PROOF OF SUCH COVERAGE, THE SUSPENSION OF THE DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, AND RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES AND TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY.

Without reference.

H. 4491 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 10, 11, AND 12, 1996, MISSED BY STUDENTS OF CHEROKEE SCHOOL DISTRICT 1 IN CHEROKEE COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Rep. PHILLIPS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells, Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.

Referred to Committee on Judiciary.

H. 4493 -- Rep. McTeer: A BILL TO AMEND SECTION 44-93-210, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE REGULATION OF THE AMOUNT OF INFECTIOUS WASTE GENERATED IN THE STATE, SO AS TO APPLY CERTAIN LIMITATIONS TO ALL INFECTIOUS WASTE INCINERATOR FACILITIES RATHER THAN ONLY TO COMMERCIAL FACILITIES, AND TO REMOVE THE EXEMPTION FROM THIS LIMITATION FROM HOSPITALS AND GENERATOR FACILITIES; AND TO REPEAL SECTION 44-93-200 RELATING TO HOSPITAL AND GENERATOR FACILITIES' EXEMPTION FROM CERTAIN PROVISIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT.

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

Rep. KNOTTS objected.

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

H. 4494 -- Rep. Simrill: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTIES AND PROVIDE FOR THE FORFEITURE OF A MOTOR VEHICLE UPON A CONVICTION OF WILFUL FAILURE TO STOP WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE.

Referred to Committee on Judiciary.

S. 918 -- Senator Jackson: A BILL TO AMEND SECTION 53-1-160 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF SUNDAY WORK PROHIBITIONS BY COUNTIES, SO AS TO DELETE THE REQUIREMENT OF HOLDING A REFERENDUM IN A COUNTY WHICH QUALIFIES FOR THE EXEMPTION PROVIDED IN SECTION 53-1-150 AFTER MAY 8, 1985.

Referred to Committee on Judiciary.

S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.

Referred to Chester Delegation.

S. 1042 -- Senator Bryan: A BILL TO AMEND ACT SECTION 1(F) OF ACT 779 OF 1988, AS LAST AMENDED BY ACT 174 OF 1995, SO AS TO CHANGE THE DATE OF THE ELECTION TO ELECT A SCHOOL BOARD TRUSTEE IN ELECTION DISTRICTS 2, 4, AND 6 OF LAURENS COUNTY SCHOOL DISTRICT 55 FROM THE FIRST TUESDAY IN MARCH 1996, TO THE FIRST TUESDAY IN MARCH 1997.

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

ROLL CALL

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

Allison                Anderson               Askins
Bailey                 Boan                   Breeland
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Cain
Carnell                Cato                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Delleney               Easterday
Felder                 Fleming                Fulmer
Gamble                 Govan                  Hallman
Harrell                Harris, J.             Harris, P.
Harrison               Haskins                Herdklotz
Hines, J.              Hines, M.              Hodges
Howard                 Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Lloyd                  Marchbanks
Martin                 Mason                  McAbee
McCraw                 McElveen               McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Rice                   Richardson             Riser
Robinson               Rogers                 Sandifer
Scott                  Seithel                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Thomas                 Townsend               Tripp
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Whipper, L.            Whipper, S.
White                  Wilder                 Wilkes
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, January 24.

G. Ralph Davenport, Jr.           Brenda Lee
C. Alex Harvin III                Larry L. Elliott
Total Present--120

STATEMENT RE ROLL CALL

I was present during roll call but my key console would not work.

Rep. BRENDA LEE

STATEMENT OF ATTENDANCE

Reps. G. BROWN and CHAMBLEE signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, January 23.

DOCTOR OF THE DAY

Announcement was made that Dr. Patricia Westmoreland of Greenville is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. WRIGHT presented to the House the 1996 Atlanta Olympics Mascot "IZZY" and his party, wishing him and the Atlanta Organizing Committee great success in the staging of the Centennial Olympic Games.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3161 -- Rep. Littlejohn: A BILL TO AMEND ACT 388 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE.

H. 4473 -- Reps. Littlejohn, Wells, Wilder, Walker, Davenport, Lanford, Allison, Lee, Vaughn and D. Smith: A BILL TO AMEND ACT 879 OF 1960, AS AMENDED, RELATING TO THE CREATION OF THE CROFT FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE AND DECREASE FROM SIX TO FOUR YEARS THE LENGTH OF THE TERM OF THE COMMISSIONERS.

H. 4474--OBJECTIONS

The following Bill was taken up.

H. 4474 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-375 SO AS TO ESTABLISH A SEPARATE GRIEVANCE PROCEDURE FOR DEPARTMENT OF TRANSPORTATION EMPLOYEES EXEMPTED FROM THE GENERAL STATE EMPLOYEES GRIEVANCE PROCESS; BY ADDING SECTION 57-1-360 SO AS TO DIRECT THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION TO FOSTER THE CREATION OF PRIVATE/PUBLIC PARTNERSHIPS AND TO REQUIRE ANNUAL PROGRAM REPORTS; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO STATE EMPLOYEES EXEMPT FROM THE EMPLOYEE GRIEVANCE PROCESS, SO AS TO EXEMPT VARIOUS CATEGORIES OF DEPARTMENT OF TRANSPORTATION EMPLOYEES; AND TO AMEND SECTION 57-3-20, AS AMENDED, RELATING TO DIVISION DEPUTY DIRECTORS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE A FUTURE APPOINTEE TO THE POSITION OF DIVISION DEPUTY FOR CONSTRUCTION, ENGINEERING, AND PLANNING TO BE A PROFESSIONAL ENGINEER.

Reps. KELLEY, SHEHEEN, NEAL, QUINN, HARRISON, STILLE, TOWNSEND, SPEARMAN, ROGERS, COOPER, HODGES, CAVE, L. WHIPPER, COBB-HUNTER, MOODY-LAWRENCE, WILLIAMS, ANDERSON and BREELAND objected to the Bill.

H. 3772--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 3772 -- Reps. Scott, Williams, Cave, Kennedy, Beatty, Lloyd, Spearman, White, Cobb-Hunter, Jennings, Knotts, Clyburn, Keegan, Hallman, Inabinett, Mason, Whatley, Fulmer, Breeland, Keyserling, Wofford, Kelley, Stoddard, Allison, Seithel and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A LOTTERY, SO AS TO ALLOW LOTTERIES TO BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Rep. MARCHBANKS moved to continue the Joint Resolution.

Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:

Yeas 51; Nays 61

Those who voted in the affirmative are:

Allison                Anderson               Boan
Brown, H.              Cain                   Carnell
Cato                   Cooper                 Davenport
Delleney               Easterday              Felder
Harris, J.             Harris, P.             Haskins
Herdklotz              Hines, M.              Hodges
Hutson                 Kirsh                  Klauber
Koon                   Limbaugh               Littlejohn
Marchbanks             McElveen               McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Rice                   Robinson               Sandifer
Sharpe                 Simrill                Stille
Townsend               Tripp                  Trotter
Vaughn                 Waldrop                Walker
Wells                  Whipper, L.            Wilder
Wilkins                Witherspoon            Young

Total--51

Those who voted in the negative are:

Askins                 Bailey                 Breeland
Brown, G.              Brown, J.              Byrd
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cotty                  Cromer
Dantzler               Fleming                Fulmer
Gamble                 Govan                  Hallman
Harrell                Harrison               Hines, J.
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Knotts
Lanford                Law                    Lee
Limehouse              Lloyd                  Mason
McAbee                 McCraw                 Quinn
Rhoad                  Richardson             Riser
Rogers                 Scott                  Seithel
Sheheen                Shissias               Smith, R.
Spearman               Stoddard               Stuart
Thomas                 Whatley                Whipper, S.
White                  Wilkes                 Williams
Wofford                Worley                 Wright
Young-Brickell

Total--61

So, the House refused to continue the Joint Resolution.

Rep. HASKINS moved to adjourn debate upon the Joint Resolution until Saturday, June 1.

Rep. SCOTT moved to table the motion.

Rep. TRIPP demanded the yeas and nays, which were taken resulting as follows:

Yeas 66; Nays 45

Those who voted in the affirmative are:

Askins                 Bailey                 Breeland
Brown, G.              Brown, J.              Byrd
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cotty                  Cromer
Dantzler               Felder                 Fleming
Fulmer                 Gamble                 Govan
Hallman                Harrell                Harris, P.
Harrison               Hines, J.              Hutson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Knotts                 Lanford
Law                    Lee                    Limehouse
Lloyd                  Martin                 Mason
McAbee                 McCraw                 McTeer
Neilson                Phillips               Rhoad
Richardson             Riser                  Rogers
Scott                  Seithel                Sheheen
Shissias               Spearman               Stoddard
Stuart                 Thomas                 Whatley
Whipper, S.            White                  Wilder
Wilkes                 Williams               Wofford
Worley                 Wright                 Young-Brickell

Total--66

Those who voted in the negative are:

Allison                Anderson               Boan
Brown, H.              Cain                   Carnell
Cato                   Cooper                 Davenport
Delleney               Easterday              Harris, J.
Haskins                Herdklotz              Hines, M.
Hodges                 Kirsh                  Klauber
Koon                   Limbaugh               Littlejohn
Marchbanks             McElveen               McKay
McMahand               Meacham                Moody-Lawrence
Neal                   Rice                   Robinson
Sandifer               Sharpe                 Simrill
Stille                 Townsend               Tripp
Trotter                Vaughn                 Waldrop
Walker                 Wells                  Whipper, L.
Wilkins                Witherspoon            Young

Total--45

So, the motion to adjourn debate was tabled.

Rep. SCOTT moved to adjourn debate upon the Joint Resolution until Wednesday, January 31.

Rep. HASKINS moved to table the motion.

Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:

Yeas 49; Nays 58

Those who voted in the affirmative are:

Allison                Anderson               Bailey
Boan                   Brown, H.              Cain
Carnell                Cato                   Clyburn
Cooper                 Davenport              Delleney
Easterday              Harris, J.             Harris, P.
Haskins                Herdklotz              Hines, M.
Hodges                 Hutson                 Kirsh
Klauber                Koon                   Limbaugh
Littlejohn             Marchbanks             McKay
McMahand               McTeer                 Meacham
Neal                   Rhoad                  Sandifer
Sharpe                 Sheheen                Simrill
Stille                 Townsend               Tripp
Trotter                Vaughn                 Waldrop
Walker                 Wells                  Wilkins
Witherspoon            Wofford                Young
Young-Brickell

Total--49

Those who voted in the negative are:

Askins                 Breeland               Brown, J.
Byrd                   Cave                   Chamblee
Cobb-Hunter            Cotty                  Cromer
Dantzler               Fleming                Fulmer
Gamble                 Govan                  Hallman
Harrell                Harrison               Hines, J.
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Knotts
Lanford                Lee                    Limehouse
Lloyd                  Martin                 Mason
McAbee                 McCraw                 Neilson
Phillips               Rice                   Richardson
Riser                  Robinson               Rogers
Scott                  Seithel                Shissias
Smith, R.              Spearman               Stoddard
Stuart                 Thomas                 Whatley
Whipper, S.            White                  Wilder
Wilkes                 Williams               Worley
Wright

Total--58

So, the House refused to table the motion to adjourn debate.

The question then recurred to the motion to adjourn debate on the Joint Resolution.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that the motion to adjourn debate was out of order in compliance with Rule 8.11 (b) in that one hour had not elapsed.

Rep. SCOTT stated that the Point of Order came too late as the House had already voted.

The SPEAKER stated that the motion to adjourn debate was before the House now and had not been disposed of. He further stated that the motion to adjourn debate was a timed motion and that it was one hour and he sustained the Point of Order.

Rep. SCOTT spoke in favor of the Joint Resolution.

Rep. McMAHAND spoke against the Joint Resolution and moved to table the Joint Resolution.

Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:

Yeas 47; Nays 64

Those who voted in the affirmative are:

Allison                Anderson               Boan
Brown, H.              Cain                   Carnell
Cato                   Cooper                 Davenport
Delleney               Easterday              Harris, J.
Harris, P.             Harvin                 Haskins
Herdklotz              Hines, M.              Hodges
Kirsh                  Klauber                Koon
Limbaugh               Littlejohn             Marchbanks
McElveen               McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Rice                   Robinson
Sandifer               Sharpe                 Sheheen
Simrill                Stille                 Tripp
Trotter                Waldrop                Walker
Wells                  Whipper, L.            Wilkins
Witherspoon            Young

Total--47

Those who voted in the negative are:

Askins                 Bailey                 Breeland
Brown, G.              Byrd                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cotty                  Cromer                 Dantzler
Fleming                Gamble                 Govan
Hallman                Harrell                Harrison
Hines, J.              Howard                 Hutson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Knotts                 Lanford
Law                    Lee                    Limehouse
Lloyd                  Martin                 Mason
McAbee                 McCraw                 Phillips
Quinn                  Rhoad                  Richardson
Riser                  Rogers                 Scott
Seithel                Shissias               Smith, D.
Smith, R.              Spearman               Stoddard
Stuart                 Thomas                 Tucker
Vaughn                 Whatley                Whipper, S.
White                  Wilder                 Wilkes
Williams               Wofford                Wright
Young-Brickell

Total--64

So, the House refused to table the Joint Resolution.

Rep. T. BROWN moved to adjourn debate upon the Joint Resolution until Wednesday, January 31, which was adopted.

S. 654--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up.

S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.

Rep. INABINETT moved to reconsider the vote whereby the Bill was given a second reading.

Rep. KELLEY moved to table the motion to reconsider.

Rep. INABINETT demanded the yeas and nays, which were taken resulting as follows:

Yeas 59; Nays 45

Those who voted in the affirmative are:

Askins                 Bailey                 Breeland
Brown, G.              Brown, T.              Cave
Clyburn                Cobb-Hunter            Cromer
Felder                 Gamble                 Hallman
Harrell                Harris, J.             Harris, P.
Harvin                 Hines, J.              Hodges
Howard                 Hutson                 Jennings
Keegan                 Kelley                 Keyserling
Kinon                  Knotts                 Koon
Lanford                Lee                    Limehouse
Lloyd                  Martin                 Mason
McAbee                 McCraw                 McTeer
Phillips               Rhoad                  Riser
Rogers                 Scott                  Seithel
Smith, D.              Spearman               Stuart
Thomas                 Townsend               Tucker
Wells                  Whatley                Whipper, S.
White                  Wilkes                 Wilkins
Williams               Witherspoon            Worley
Wright                 Young

Total--59

Those who voted in the negative are:

Allison                Anderson               Boan
Brown, J.              Byrd                   Cain
Cato                   Chamblee               Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Fleming
Haskins                Herdklotz              Hines, M.
Inabinett              Kennedy                Kirsh
Klauber                Law                    Limbaugh
Littlejohn             Marchbanks             McMahand
Meacham                Neal                   Neilson
Quinn                  Rice                   Robinson
Sharpe                 Sheheen                Shissias
Simrill                Stille                 Stoddard
Tripp                  Trotter                Vaughn
Walker                 Wilder                 Wofford

Total--45

So, the motion to reconsider was tabled.

The Bill was read the third time and ordered returned to the Senate with amendments.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 4033 -- Reps. Wilkins, Witherspoon and Sharpe: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE.

S. 870--DEBATE ADJOURNED

Rep. McELVEEN moved to adjourn debate upon the following Concurrent Resolution until Wednesday, February 7, which was adopted.

S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 76/378 IN SUMTER COUNTY AS THE R. J. CHIC MATHIS HIGHWAY.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. ROBINSON.

H. 3628--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE STATE LAW RELATING TO THE REQUIREMENTS FOR THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUORS IN MINIBOTTLES AND TO EXAMINE AMENDMENTS TO STATE LAW PERTAINING TO ALCOHOLIC LIQUOR BY THE DRINK.

Rep. HARRISON explained the Joint Resolution.

Rep. SIMRILL proposed the following Amendment No. 1, which was adopted.

Delete provisions for subsistence, mileage and per diem.

Rep. SIMRILL explained the amendment.

The amendment was then adopted.

The question then recurred to the passage of the Joint Resolution on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 83; Nays 11

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Brown, G.              Brown, H.              Brown, J.
Brown, T.              Byrd                   Carnell
Cato                   Cave                   Chamblee
Clyburn                Cromer                 Dantzler
Davenport              Delleney               Easterday
Felder                 Fleming                Gamble
Govan                  Hallman                Harris, J.
Harris, P.             Harvin                 Haskins
Hines, J.              Hines, M.              Hodges
Howard                 Hutson                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Klauber
Knotts                 Lanford                Law
Lee                    Limbaugh               Littlejohn
Martin                 Mason                  McCraw
McTeer                 Meacham                Moody-Lawrence
Neilson                Quinn                  Rhoad
Rice                   Richardson             Riser
Robinson               Sharpe                 Sheheen
Shissias               Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Thomas                 Townsend
Trotter                Vaughn                 Wells
Whipper, L.            Whipper, S.            Wilder
Wilkes                 Williams               Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

Total--83

Those who voted in the negative are:

Cain                   Cooper                 Cotty
Herdklotz              Kirsh                  Marchbanks
Sandifer               Simrill                Tripp
Walker                 Wilkins

Total--11

So, the Joint Resolution, as amended, was read the second time and ordered to third reading.

H. 3174--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, January 31, which was adopted.

H. 3174 -- Reps. P. Harris and Richardson: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO INCREASE ITS FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, ITS FEE, AND CONTENTS, SO AS TO INCREASE THE DRIVER'S LICENSE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-3-760, AS AMENDED, RELATING TO REGISTRATION FEE FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO INCREASE THE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 59-53-2010, RELATING TO A STATEWIDE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-53-2020, RELATING TO THE CREATION, ADMINISTRATION, INSTRUCTORS, AND CURRICULUM ASSOCIATED WITH THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO ELIMINATE THE "MOTORCYCLE SAFETY INSTRUCTION PROGRAM", TO CREATE THE "MOTORCYCLE SAFETY EDUCATION PROGRAM", TO ESTABLISH THE MOTORCYCLE SAFETY EDUCATION PROGRAM'S ADMINISTRATION'S PURPOSE, COURSE ENROLLMENT REQUIREMENTS, INSTRUCTOR REQUIREMENTS, AND CURRICULUM; BY ADDING SECTION 59-53-2022 SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION DEVELOP CERTAIN WRITTEN POLICIES AND PROCEDURES; BY ADDING SECTION 59-53-2024 SO AS TO CREATE, ESTABLISH REVENUE SOURCES FOR, AND PROVIDE FOR THE ADMINISTRATION OF THE SOUTH CAROLINA MOTORCYCLE SAFETY EDUCATION TRUST FUND; BY ADDING SECTION 59-53-2026 SO AS TO ESTABLISH AN ADVISORY COMMITTEE TO ASSIST IN DEVELOPING, ESTABLISHING, AND MAINTAINING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; BY ADDING SECTION 59-53-2028 SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ISSUE A BIANNUAL REPORT REGARDING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; AND TO REPEAL SECTION 59-53-2030 RELATING TO PROGRAM ENROLLMENT FEES.

Rep. COOPER moved that the House recede until 6:45 P.M., which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4419 -- Rep. Anderson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 81 FROM THE CITY LIMIT OF GREENVILLE TO THE POINT ONE MILE SOUTH OF THE CITY LIMIT IN GREENVILLE COUNTY IN HONOR OF BISHOP WILLIAM EDWARD FULLER, SR.

H. 4482 -- Rep. D. Smith: A CONCURRENT RESOLUTION CONGRATULATING SPARTANBURG HIGH SCHOOL ON WINNING THE 1995 CLASS AAAA, DIVISION 1 STATE FOOTBALL CROWN.

THE HOUSE RESUMES

At 6:30 P.M. the House resumed, the SPEAKER in the Chair.

HOUSE STANDS AT EASE

The House stood at ease subject to the call of Chair.

THE HOUSE RESUMES

At 6:55 P.M. the House resumed at the Koger Center, the SPEAKER in the Chair.

JOINT ASSEMBLY

At 7:00 P.M. the House of Representatives and the Senate convened at the Koger Center.

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.

H. 4439 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Sharpe, Harrison, Townsend and Cato: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 24, 1996, AT THE KOGER CENTER FOR THE ARTS.

Governor David M. Beasley and distinguished party were escorted to the rostrum by Senators Drummond, Cork, Jackson, Thomas and Wilson and Representatives BYRD, KELLEY, JENNINGS, MEACHAM and WRIGHT. The President of the Senate introduced Governor Beasley who then addressed the Joint Assembly as follows:

ADDRESS BY GOVERNOR DAVID M. BEASLEY

"Mr. Speaker, Mr. President, ladies and gentlemen of the General Assembly, my fellow South Carolinians, it is my honor to appear before you to update you on the state of our State. Welcome to the Koger Center. I know some of you vowed to throw me out of the State House, but I didn't know it'd be so soon. I welcome you back to work. For the first time in several decades, one of our most accomplished leaders is not with us tonight. I ask that you rise in a moment of silence in memory of our friend, Senator Marshall Williams. I want to congratulate another distinguished senator, elected by his colleagues President Pro Tempore. Senator Drummond, I pledge to you my cooperation, and in light of your elevated position, I want you to know that my fishing pond in Society Hill is open to you any time. Tonight I will discuss some problems which cannot be ignored and also some successes which should not be ignored. The bottom line is this: The work that you have done, first with Governor Campbell and now with me, has made South Carolina a major player in the global economy. NationsBank economists report that our exports have doubled the national average since 1987. For the third quarter First Union reported that our economy outperformed the national average, and Everen Securities ranked us third strongest in the country. This state's sustained effort to raise the quality of life is penetrating racial and socio-economic barriers, providing hope and opportunity for citizens who have had neither. The Census Bureau ranked South Carolina third in the nation in percentage increase of black-owned businesses and first in reducing poverty. Households needing food stamps are down nearly five percent for the latest reporting period. AFDC payments are down almost nine percent. These accomplishments are a result of a decade of visionary work by political leadership of both parties who have stayed the course through prudent use of limited resources. And I want to tell the people of South Carolina that the men and women in this room deserve much of the credit. You were active participants in 1995 as new investments broke all-time records, international and rural investment reached historic levels, while new jobs hit a 30-year high. Ladies and gentlemen, we cleaned clock last year. The figures are mind-boggling: 5.4 billion dollars in capital investment; 24 thousand jobs, paying 27 percent better than the average for all industries; rural investment breaking the billion dollar mark for only the second time in history. Teamwork did it. The Cabinet you approved gave me the key decision-makers to put deals together. The Enterprise Zone Act you passed gave us the framework, netting 2.6 billion dollars in investment and 12 thousand jobs. Of course, there are some who chalk it up to luck of a decent national economy. The truth is that federal budget problems threatened this state's future with thousands of job losses at the Charleston Naval Base and Savannah River Site. There are few states in the nation that could take those blows and still have record economic growth. We did it because this legislature and governor believe prosperity comes before politics, and when it comes to improving the quality of life by creating jobs, we are one. Our successes go beyond economics. There are other victories to build on. A sustained effort involving government, physicians and business has made South Carolina a leader in fighting childhood diseases which cripple and kill. We are number one in the nation in immunizing two-year-olds, and we ought to be proud of that. A similar public-private sector partnership reached a milestone last year. The Caring for Tomorrow's Children program, working cooperatively with DHEC, is saving lives. Ladies and gentlemen, we have reduced infant mortality 26 percent in five years. It's important to remind ourselves of these accomplishments. That we can compete with any state for jobs... that we can reach the top in immunizations and cut infant mortality... validates more than policy. It validates us as a people. We still have problems: too much poverty; lackluster performance in some school districts; pockets of economic stagnation; too many children without hope. But as we address these problems, let us remember our accomplishments. If we can come as far and as fast as we have on the world economic stage, then there is no problem that we cannot solve together. These achievements have been realized because we understand the responsibilities and limitations of government, and we also understand that a vibrant private sector is essential to improving the quality of life. Last year we set new economic development records, cut government waste, passed the largest tax cut in history, maintained commitment to public education, cracked down on violent offenders and started the transition from welfare to work. You can tell your children and grandchildren that you were a part of one of the most important sessions in history. Changes that we set in motion have led to a new attitude in government, a new cooperative spirit. DHEC and the business community have worked out a fee system to fund environmental programs and expedite permit applications, proving that agencies and business can cooperate. The Department of Commerce has created the Community Development Division to help rural South Carolina grow, and there's renewed emphasis on expanding home-grown businesses. There's also a new attitude at Social Services, which will implement this year the Family Independence Act. We began pilot reforms last fall in Charleston. Immediately there was a huge increase in the number of people going to the Department of Social Services - not for welfare, but for work. Not long ago the Department of Social Services was frozen by internal warfare. Today DSS, from the counties to the State, is one unit bent on a mission. We are changing the culture of the welfare bureaucracy that too often treated people callously, feeding their sense of frustration. There's a new rule at the Department of Social Services: Every client will be treated with dignity and will have the opportunity to rise above his or her circumstances. Likewise, we expect the same attitude from the clients as we move from a system that generated dependency to one which promotes self-sufficiency. The transition won't be easy since we are changing 30 years of habit. But we will meet those on welfare more than halfway. We will do everything within our power to clear the path from welfare to work, but those on welfare must walk that path themselves. While we expect adults to make the right choices, children have no choice. We have made significant progress in reforming state government, but children's services need our attention. Twenty-four state agencies and offices have child-related functions. A child with special needs may go unserved for months while parents try to break the code of children's services. Parents tell me that not only are too many agencies a problem, but the bureaucracy they have to deal with is a nightmare. Forms and people and procedures are endless. Accordingly, I have instructed my staff and Cabinet to work with you, child advocates and other agencies to find ways to streamline and, if necessary, consolidate children's services so that we may be a help, not a hindrance, to the families who need us. Emerson said, "What we do speaks louder than what we say." All of us want to encourage family self-sufficiency and responsibility. Yet state agencies that work with families and children are open only during normal working hours. This makes it difficult and often impossible for working people to get help. State government is a service to the people. Therefore, I am asking all agencies that deal with families and children to find ways to stay open until 7 p.m. during the week and to consider opening on Saturday mornings to make government more consumer-friendly. As we work to protect all children, we sadly face the reality of having to protect society from some of the children. Juvenile violence is a national crisis and defies simplistic solutions that some propose. It's more than poverty or lack of opportunity or any other one thing. Its roots are embedded in a moral breakdown that encompasses the material, as well as the spiritual. I, quite frankly, don't have all the answers and don't know anyone who does. but I do know our juvenile justice system needs immediate attention. I am proposing 29 million dollars for facility construction and improvements which comply with the court order to relieve overcrowding. Moreover, I've appointed a Juvenile Justice Task Force of law enforcement, family court judges and other distinguished citizens to help us find solutions. The task force is going beyond incarceration and looking at the broader problems among at-risk youth to get at the root causes of crime. Our challenge is to reach young people before it's too late. You took a bold stance last year against adult offenders-two strikes and you're out for violent offenders-three strikes and you're out for nonviolent criminals. The Department of Corrections has revised its mission to protect the public and instill discipline. Inmates are required to work, many alongside interstate highways picking up litter. Uniforms are being handed out and haircuts are required. Our message to would-be criminals - young and old alike - is that prison life is tough, and you don't want to be there. I'm hopeful this message is getting through, especially to the young people. But as we send a stern warning, we must also be extending a message of hope to the children. Plato dreamed of the young people in his day dwelling 'in a land of health, amid fair sights and sounds, receiving good in everything.' Would that we be such noble dreamers. And though we can never assure that all children receive good in everything, we can work toward the goal of every child receiving the good in some things. Physical security and health. education, economic opportunity. These are more than noble dreams; they are moral imperatives. We have established beyond doubt our ability to compete globally for jobs, but what about 10 years down the road? The skills have to be there, or the jobs won't be. In five years, more than half of the jobs in the United States will require skills that only 22 percent of Americans now possess. Accordingly, my budget devotes nearly a third of all new revenue, about 191 million dollars, to education. It reiterates time-tested commitments by fully funding the Education Finance Act and, most importantly, maintains our commitment to teachers by paying them at the southeastern average. We will not back away from these basic responsibilities. My budget also anticipates the doubling of the size of the Governor's School for Science and Math. Here are some reasons why. Just 58 graduates last year were offered five million dollars in college scholarships. Nearly all graduates not only go to college, but pursue advanced degrees. And understand this: every student, regardless of household income, is on scholarship. Merit is the only criterion. But there are more applicants than room. It is time to take this unqualified success story to another level by doubling its size and making this unique program available to more deserving students. The world demands scientists and engineers who understand technology, but humanity demands the writers and artists who understand the world. I ask you to appropriate six million dollars to provide the basis for a private match to create a year-round Governor's School for the Arts and Humanities in Greenville. These schools represent positive change, and we should not fear change. The Chamber of Commerce has proposed further reform whose time has come. I endorse the chamber's proposal to create charter schools in South Carolina. Last year you and I made a decision that was critical for the environment and education. We left the Southeastern Low-Level Nuclear Waste Compact after North Carolina reneged on its commitment to site a facility, leaving South Carolina in an environmental crisis. We faced the possibility of closing the one safe, regulated, scientifically-engineered facility in Barnwell, and the opening of less safe, less regulated and less scientifically-engineered-facilities in communities all across South Carolina. We made the only choice that ensures public health and safety. We also chose to use the funds generated from Barnwell for the Children's Education Endowment: hundreds of millions for college scholarships and school renovation beginning this year. We have been criticized and demagogued for these decisions, but let me be politically incorrect: These critics are the same voices who give lip service to improving education but never deliver. The Children's Education Endowment is action, not promises. It declares that we will no longer ask children to learn and teachers to teach in schools that are falling apart. And with money for college scholarships we will not sit back and watch our children going to other states for their education. We'll keep them here at home where we need them. Since 1984 the people of South Carolina have paid three billion dollars in higher sales taxes to improve our schools. Progress has been made, but no one is satisfied. While some of our schools can compete with anybody, others are languishing in mediocrity. Much of it has to do with home life and schools being asked to bear responsibilities borne in other generations by parents. Inadequate resources certainly are a part of the problem for some schools; but reality is that try as we might, we will never be able to equalize the pool of talent available to each school district. Because of their location and a host of other factors, some districts will always have an advantage in recruiting talent. We are beginning to address school infrastructure needs with the Children's Education Endowment. But infrastructure is more than physical plants. It's technology. Today it's possible to offer every student advanced placement courses, specialized instruction, and master teachers, regardless of location. Through the use of multi-channel and satellite programming from ETV, we can link every school with state-of-the-art technology that opens the door to 21st century jobs. Just think what it would mean if every high school had interactive access to the highly specialized courses taught at the Governor's School for Math and Science. Imagine the possibilities of making our best and brightest teachers available to every school. Computers, laser disks and interactive video are the blackboards of tomorrow. Dr. Nielsen, in partnership with business, has developed a state technology plan for every school. The Education Department's plan suggests that telecommunications links, video resources, and teacher training are the building blocks for school technology. These things are possible, ladies and gentlemen. As they say in school, it's show and tell time. (Governor performs technology demonstration) We have the technology to do this. We have lacked the commitment. Tonight I ask you to make this commitment by putting 20 million dollars to the first phase of our plan to give every child in South Carolina access to real equal educational opportunities. And I ask you to commit to a 100 percent computer and satellite link-up within four years. But let's return from cyberspace to earth for a minute. About 408 thousand South Carolina children use school buses. Much of the fleet needs replacing. We have been operating some of these buses off borrowed time. Time has run out. One hundred million dollars will buy 1800 buses. I ask you to issue an emergency bond bill for 100 million dollars devoted solely to new school buses. The safety of our children must come first. At the same time, we must revisit the role of higher education. Funding is, of course, critically important, and I am proposing substantial increases in recurring dollars, giving more stability to funding sources; but money without a strategy and accountability is not good stewardship. The Higher Education Study Committee is conducting a comprehensive review due next month. The committee is rightly targeting economic development, academic quality, cooperation between higher education and the business community, and performance-based funding. The committee's work will provide key direction, but let me just say a couple of things. There is intrinsic value in education. But there is more value in an education that understands business, works with business, and prepares the students to succeed in business. Cooperation between higher education and the business community should not be optional. And one more point-the technical education system is a critical factor in economic development. I oppose any effort to change its mission. Tonight I've discussed how to give our children knowledge, but knowledge without wisdom is like a ship without a rudder. Wisdom, after all, is understanding how to use knowledge constructively. Too many children have never been taught basic character traits such as honesty, responsibility, and respect. They don't get it in the homes, and they take it out on the public schools. It seems to me that we have two choices. One is to act as though virtue does not exist and maintain a value-free school environment. The other is for South Carolinians to coalesce around a set of principles that historically have defined what it means to be a good person, and let parents and educators at the local level decide whether and how to teach them. For more than a year, the Department of Education has been holding hearings around the State with parents, religious leaders, and teachers. A curriculum has been devised which encompasses positive character traits which most everybody agrees with. From the ancient Greeks to our founding fathers, moral instruction was an essential component to education. The courts have chipped away at such instruction, and we're paying a price for it. Character education is no substitute for parents or clergy, and it never will be. But given the courts' complete misinterpretation of the church-state doctrine, it's all we can do in public schools and it merits consideration. Tonight I've outlined my vision for the future of education. But the challenge of continuing to attract world-class companies is imminent. The Coordinating Council for Economic Development will need 30 million dollars this year for infrastructure improvements. The payoff could be huge, in the billions. Maintaining momentum in job creation requires an infrastructure focused on education and economic development, but we also must have the highway infrastructure in place. Last year we added 24 million dollars to revenues available to the Department of Transportation. This year I will propose redirecting other revenues. These collective changes will give us 66 million dollars more for roads and highways over two years. That is equivalent to a three cent gas tax, but the difference is we're not raising taxes. When Alexander the Great visited the philosopher Diogenes and asked whether he could do anything for him, the philosopher told the politician, "Yes, stand a little less between me and the sun." Ladies and gentlemen, I'm asking you for further tax cuts this year so that we may stand a little less between the people and the sun. Make no mistake about it... tax cuts are economic development tools. That money doesn't go into a hole somewhere, never to be seen again. It flows back into the economy, producing jobs and, yes, taxes that allow government to function. The difference is that the people who earn the money are making the decisions about how to use it, not government. But there's another reason to cut taxes. We say we want to help children and working families. We express concern about seniors living on fixed incomes and wanting to make South Carolina a retirement mecca. We agree that we must remain competitive in the world market for high-paying manufacturing jobs. My tax cut package includes 37 million dollars more in property tax relief; ten million to continue the phase-in of tax relief for families with young children; ten million to begin the process of equalizing tax depreciation treatment of industrial and commercial property; and a four and a half million dollar tax cut to increase the exemption for senior citizens. What better way to express our priorities than by letting those who make the money keep more of it? On another front South Carolina is preparing for a larger state role in Medicaid and other health issues. We do not have the luxury of waiting for a decision from Congress. We must move ahead. I have directed my staff to begin planning for these changes, not by protecting agency turf or privilege, but by constructing models that control costs and improve services with emphasis on prevention. Tonight I've outlined for you the state of our State. Our accomplishments are significant, likewise our challenges. We are working to raise the standard of living through job growth and education. We seek to grow the economy, not tax it; reward initiative, not punish it; nurture achievement, not stifle it. But even if we succeed in leading the nation in all these things, and if our children have not learned to do justice and practice mercy, then we will have failed. I have appointed a panel to assess race relations. We don't need to be told there are problems. We need this group to help us find solutions, not only solutions which we can legislate on paper, but ones which can be written on the tablets of the human heart. What Samuel Johnson wrote is true: 'How small, of all that human hearts endure, that part which laws and kings can cure.' In the end, a people are judged not by how they treated the elite among them, but the least among them. Tonight I am announcing that we will create a private, nonprofit foundation called The Putting Families First Foundation. I will use the money left over from my inauguration fund, about 200 thousand dollars, as seed money to hire a director, establish an office, and recruit a governing board. The Putting Families First Foundation has one purpose: to encourage every church, every synagogue, every civic club and organization to adopt a welfare family... and help that family make the transition to independence. We will provide more than encouragement. There will be training tools and educational materials available. The Department of Social Services will work with these groups to match need with resources. Tonight I am asking all South Carolinians to consider this. Virtually every church and synagogue has a wealth of talent that welfare families need: workers who can teach skills for children; doctors who can heal; business people who can teach budgeting. The talents available in every house of worship and civic club are exactly what welfare families need. This concept is not new. Those reaching out to the least of these are at work across this State every hour of the day. The Putting Families First Foundation seeks to build upon the goodwill already present, to marshall it and expand it, to build a community of compassion, destroying barriers and building bridges, melting hearts and changing lives. I've been associated with this great body called the General Assembly for 18 years. Your job gets tougher. The critics are louder and the hours longer. But your dedication has put us in the position to break out of the old patterns of mediocrity. Everything I've discussed tonight is within our grasp, ladies and gentlemen. I'm confident. I'm confident in our people and in you. I consider it an honor and privilege to welcome you back to Columbia and work with you for another banner year. May God bless our efforts and may God bless South Carolina."

Upon the conclusion of his address, Governor Beasley and his escort party retired from the Koger Center.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

THE HOUSE RESUMES

At 7:45 P.M. the House resumed, the SPEAKER in the Chair.

Rep. HASKINS moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 7:46 P.M. the House in accordance with the motion of Rep. WITHERSPOON adjourned in memory of Paul Creel of Horry County, to meet at 10:00 A.M. tomorrow.

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This web page was last updated on Monday, June 29, 2009 at 1:37 P.M.