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

WEDNESDAY, JANUARY 30, 1991

Wednesday, January 30, 1991
(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:

Hasten the day, O God, when peace will embrace the whole world, that people may live in concord on the great earth You have made. Make the leaders of our great Nation wise in Your wisdom and eager to pursue the task of peacemaking, however difficult the path. God of us all, let peace cover the earth be of such a nature as to include our children and our children's children. Uphold the honor of our Nation, make safe the security of our people, and move forward every right cause.

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.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1289
Promulgated By Department of Highways and Public Transportation
Motor Vehicle Registration and Financial Responsibility
Referred to House Committee on Education and Public Works
Withdrawn and Resubmitted: January 29, 1991
120 day review expiration date May 2, 1991

INVITATION

The following was taken up for immediate consideration and accepted.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

January 14, 1991
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

The State Interagency Coordinating Council for Public Law 99-457 will host a BabyNet Drop-in for members of the Senate, House of Representatives, and staff on Wednesday, February 20, 1991, from 9:00 A.M. - 10:30 A.M. in Room 208 of the Solomon Blatt Building.

Please include this activity on your calendar for February 20th.

Sincerely,
Ann Elliott, Chair
State Interagency Coordinating Council

REPORTS OF STANDING COMMITTEES

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3222 -- Reps. Harvin, McLeod, Littlejohn, McElveen, H. Brown, Quinn, Vaughn and McCraw: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO REPEAL A RECREATIONAL BOATING "USER FEE" WHICH RECENTLY WAS ADOPTED.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3223 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR THE CERTIFICATION OF LABORATORY AND RADIOLOGICAL TECHNICIANS.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3224 -- Rep. McElveen: A CONCURRENT RESOLUTION TO RECOMMEND THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AMEND SECTIONS OF THE DEPARTMENT'S NURSING HOME REGULATIONS.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3225 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS FOR PROCEDURES TO BE FOLLOWED BY UTILIZATION REVIEW FIRMS INCLUDING ACCREDITATION, NOTIFICATION REQUIREMENTS, APPEALS PROCEDURES, ACCESSIBILITY OF REVIEW AGENCIES, PERSONNEL QUALIFICATIONS, INFORMATIONAL MATERIAL, CONFIDENTIALITY, AND UTILIZATION REQUIREMENTS.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3226 -- Rep. McElveen: A CONCURRENT RESOLUTION TO EXAMINE METHODS OF INCREASING THE LEVEL OF CARE PROVIDED BY BOARDING HOMES AND NURSING HOMES.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3227 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO REVIEW THE MEDICAID ELIGIBILITY REQUIREMENTS AND DETERMINE THE NUMBER OF ELIGIBLE MEDICAID RECIPIENTS WHO ARE DENIED BENEFITS BECAUSE OF FAILURE TO COMPLY WITH MEDICAID PROCEDURAL REQUIREMENTS.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3047 -- Reps. P. Harris and Waldrop: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO ABOLISH THE SOCIAL SECURITY EARNINGS LIMITATION.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3118 -- Reps. Wilkins, Tucker, Huff, Clyborne, Cole, Haskins, Corning and Cato: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR RATIFICATION BY THE STATES SPECIFYING THAT CONGRESS AND THE STATES MAY PROHIBIT THE PHYSICAL DESECRATION OF THE FLAG OF THE UNITED STATES OF AMERICA.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 501 -- Senators Macaulay, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR RATIFICATION BY THE STATES SPECIFYING THAT CONGRESS AND THE STATES MAY PROHIBIT THE PHYSICAL DESECRATION OF THE FLAG OF THE UNITED STATES OF AMERICA.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3031 -- Reps. P. Harris, Carnell, J. Harris, Mattos, McAbee, Wilder and Baxley: A BILL TO AMEND SECTION 1-11-144, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH AND DENTAL INSURANCE COVERAGE FOR REGIONAL TOURISM PROMOTION COMMISSIONS, SO AS TO DELETE THE REQUIREMENT THAT THE COVERAGE IS PROVIDED THROUGH THE RETIREMENT SYSTEM AND TO PROVIDE FOR COVERAGE FOR COUNTY MENTAL RETARDATION BOARDS FUNDED BY THE STATE MENTAL RETARDATION DEPARTMENT.

Ordered for consideration tomorrow.

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

H. 3069 -- Reps. Farr, Haskins, Short, Sheheen, Waites, Rama and Wilkins: A BILL TO AMEND SECTION 7-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, SO AS TO ALLOW A CERTIFIED POLITICAL PARTY TO HOLD A PRESIDENTIAL PRIMARY ELECTION, AND TO REQUIRE THE STATE COMMITTEE OF THE PARTY TO SET THE DATE AND THE HOURS FOR THE PRESIDENTIAL PRIMARY ELECTION AND THE FILING REQUIREMENTS.

Ordered for consideration tomorrow.

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

H. 3117 -- Reps. Wilkins, Harwell, Huff, Clyborne, Haskins, Corning and Cato: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE OFFICES OF SECRETARY OF STATE, ATTORNEY GENERAL, STATE TREASURER, SUPERINTENDENT OF EDUCATION, COMPTROLLER GENERAL, COMMISSIONER OF AGRICULTURE, AND ADJUTANT GENERAL, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT HE BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR.

Ordered for consideration tomorrow.

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

H. 3126 -- Reps. Wilkins and Mattos: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.

Ordered for consideration tomorrow.

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendment, on:

H. 3026 -- Rep. Gentry: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112, 50-21-114, AND 50-21-116 SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-110, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO DELETE PROVISIONS RELATING TO OPERATING WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-21-150, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE PROVISION WHICH PROVIDES A PENALTY FOR VIOLATING SECTION 50-21-110.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendment, on:

H. 3067 -- Reps. Wilder, Baxley, Manly, Mattos, Barber, Wright, Corning, Jaskwhich, McTeer, Vaughn, Sharpe, Rama and Whipper: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO DEVELOP A SYSTEM FOR SERVICE DELIVERY FOR PERSONS WITH HEAD AND/OR SPINAL CORD INJURIES IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3072 -- Reps. P. Harris, Carnell, J. Harris, Waites, Whipper and Mattos: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO DECREASE THE TIME REQUIRED FOR A COURT REPORT AND HEARING ON AN EMERGENCY ADMISSION.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3074 -- Reps. P. Harris, Carnell, J. Harris, Whipper and Mattos: A BILL TO AMEND SECTION 44-17-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT BY DESIGNATED EXAMINERS CONCERNING WHETHER A PERSON IS MENTALLY ILL AND RELATED HEARINGS, SO AS TO DECREASE THE TIME ALLOWED FOR THE EXAMINERS TO RENDER A MAJORITY OPINION.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

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.

H. 3141--ADOPTED AND SENT TO THE SENATE

On motion of Rep. HARWELL, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:

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.

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

CONCURRENT RESOLUTION

The following was introduced:

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.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3353 -- Reps. Kirsh, Hayes, Klapman, Fair, Wells, Meacham, Sheheen and Foster: A CONCURRENT RESOLUTION TO REPEAL HOUSE CONCURRENT RESOLUTION 3296 OF 1976 AND SENATE CONCURRENT RESOLUTION 1024 OF 1978 MEMORIALIZING CONGRESS TO CALL A CONSTITUTIONAL CONVENTION TO PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES REQUIRING A BALANCED FEDERAL BUDGET.

The Concurrent Resolution was ordered referred to the Committee on Judiciary.

HOUSE RESOLUTION

The following was introduced:

H. 3354 -- Reps. Hendricks, L. Martin, Marchbanks and Mattos: A HOUSE RESOLUTION TO ALLOW MRS. MARY HAMBY THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, FEBRUARY 6, 1991, FOR THE PURPOSE OF BEING PRESENTED A CERTIFICATE RECOGNIZING HER WINNING THE "MS. SOUTH CAROLINA SENIOR AMERICA" AWARD.

Be it resolved by the House of Representatives:

That Mrs. Mary Hamby is given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, February 6, 1991, for the purpose of being presented a certificate recognizing her winning the "Ms. South Carolina Senior America" award.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3355 -- Reps. McLeod, Marchbanks, Chamblee, Quinn, Keegan, Fulmer, H. Brown and Lanford: A HOUSE RESOLUTION TO AMEND RULE 12.2 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE PROHIBITION ON MEMBERS OF THE HOUSE OR THEIR EMPLOYEES FROM RECEIVING ANYTHING OF VALUE, SO AS TO PROVIDE THAT NO MEMBER OR MEMBER OF HIS LAW FIRM, PROFESSIONAL ASSOCIATION, CORPORATION, OR OTHER ENTITY WITH WHICH THE HOUSE MEMBER IS ASSOCIATED MAY RECEIVE PROFESSIONAL FEES FROM AN ENTITY WHICH EMPLOYS A LOBBYIST, DIRECTLY OR INDIRECTLY.

The Resolution was ordered referred to the Committee on Rules.

HOUSE RESOLUTION

The following was introduced:

H. 3356 -- Reps. McLeod, Baxley, Burriss, Fulmer, Chamblee, Holt, Rhoad, Kinon, Cole, H. Brown, Corning, Vaughn, Lanford and Marchbanks: A HOUSE RESOLUTION TO AMEND RULE 12.2 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE PROHIBITION ON MEMBERS OF THE HOUSE FROM RECEIVING ANYTHING OF VALUE, SO AS TO AUTHORIZE MEMBERS TO ACCEPT FOOD AND BEVERAGE IF ITS VALUE DOES NOT EXCEED TWENTY-FIVE DOLLARS FOR EACH OCCASION.

The Resolution was ordered referred to the Committee on Rules.

HOUSE RESOLUTION

The following was introduced:

H. 3357 -- Reps. McLeod, Burriss, Corning, Baxley, Chamblee, Quinn, Holt, Kinon, Cole, Vaughn and H. Brown: A HOUSE RESOLUTION TO AMEND RULE 12.2 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE PROHIBITION ON MEMBERS OF THE HOUSE OR THEIR EMPLOYEES FROM RECEIVING ANYTHING OF VALUE, SO AS TO PROVIDE THAT A MEMBER OF THE HOUSE IS NOT PROHIBITED FROM RECEIVING ANYTHING OF VALUE IF IT IS OFFERED AS A GIFT TO THE ENTIRE MEMBERSHIP OF THE HOUSE.

The Resolution was ordered referred to the Committee on Rules.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

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.

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. 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.

Whereas, the members of the General Assembly were delighted to note that Major General T. Eston Marchant, the Adjutant General of South Carolina since 1979, was honored by being named "South Carolinian of the Year" by WIS-TV in Columbia; and

Whereas, this signal honor, which puts General Marchant in very distinguished company, serves to confirm the high esteem in which members of the General Assembly, and all South Carolinians, especially those serving in the National Guard, hold General Marchant; and

Whereas, in his distinguished career as Adjutant General he has presided over an unprecedented expansion of the South Carolina National Guard and through his devoted and unflagging leadership has promoted the modernization and readiness of all National Guard units; and

Whereas, with an all-volunteer military, the role of the National Guard has been recognized as an important and integral part in the plans for maintaining the national security of the United States and defending its interests around the world; and

Whereas, his dedication is reflected in the consistent outstanding rankings given to South Carolina's Army National Guard and Air National Guard; and

Whereas, at a time when the armed forces of the United States, including elements of the South Carolina Army and Air National Guard, have been called to service to assist, together with a broad coalition of nations, in the liberation of Kuwait and the destruction of the aggressive potential of the current government of Iraq; and

Whereas, the outstanding service being rendered by our National Guard elements in this campaign reflects great honor not only on the individuals and units involved but on the Adjutant General whose service played an essential role in insuring the capability of these units. Now, therefore,

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

That the members of the General Assembly commend 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.

Be it further resolved that a copy of this resolution be forwarded to Major General T. Eston Marchant, Adjutant General of South Carolina.

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

CONCURRENT RESOLUTION

On motion of Rep. WILKINS, with unanimous consent, the following was taken up for immediate consideration:

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.

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

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 6, 1991, at 12:00 noon to elect successors for the Chief Judge, Seat 5 of the Court of Appeals and the Associate Judge, Seat 6 of the Court of Appeals whose terms expire June 30, 1991; to elect successors for judges of the Circuit Court, at-large Seats 1,2,3,4,5, and 6, whose terms expire June 30, 1991; and to elect judges for the nine Circuit Court judgeships created by Act 610 of 1990, those judgeships being Circuit Court at-large Seats 7,8,9, and 10, and resident circuit court resident judges of the Fifth Judicial Circuit, Seat 3, Ninth Judicial Circuit, Seat 3, Thirteenth Judicial Circuit, Seat 3, Fourteenth Judicial Circuit, Seat 2, and Fifteenth Judicial Circuit, Seat 2, whose terms shall begin July 1, 1991.

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

INTRODUCTION OF BILLS

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

H. 3358 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF LOAD ON POLE TRAILERS OR CARRIERS, SO AS TO PROVIDE FOR LIMITATIONS DURING DAYLIGHT HOURS.

Referred to Committee on Education and Public Works.

H. 3359 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS OF CERTAIN BOAT, FARM, AND OTHER UTILITY TRAILERS FROM REGISTRATION AND LICENSING REQUIREMENTS, SO AS TO CLARIFY THE EXEMPTION.

Referred to Committee on Education and Public Works.

H. 3360 -- Rep. Altman: A BILL TO AMEND SECTION 23-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORMS, ARMS, BADGES, AND EQUIPMENT, SO AS TO REQUIRE THAT AN OFFICER OR PATROLMAN SHALL WEAR HIS BADGE OR BADGES CONSPICUOUSLY DISPLAYED.

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

H. 3361 -- Reps. Baxley, Felder, Littlejohn, R. Young, Fulmer, Gonzales, Mattos and Houck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION FOR LICENSE RENEWAL OF A REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE REQUIREMENTS FOR SUCCESSFUL COMPLETION OF THE CONTINUING EDUCATION PROGRAM.

Referred to Committee on Labor, Commerce and Industry.

H. 3362 -- Reps. Baxley, Harvin, Neilson, McKay, L. Elliott, Gonzales, Kinon, Mattos, Littlejohn and Fulmer: A BILL TO REQUIRE THE STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING AND THE SCHOOL DISTRICTS OF THE STATE TO OBSERVE THE VETERANS DAY HOLIDAY AS PART OF THEIR HOLIDAY SCHEDULE.

Referred to Committee on Education and Public Works.

H. 3363 -- Rep. Waldrop: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF APPLICATIONS FOR DRIVERS' LICENSES, SO AS TO PROVIDE THAT THESE APPLICATIONS MUST CONTAIN A STATEMENT AS TO WHETHER OR NOT THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY IN THIS STATE AND, IF SO, OF WHAT FELONY; TO AMEND SECTION 56-1-140, RELATING TO THE CONTENTS OF SOUTH CAROLINA DRIVERS' LICENSES, SO AS TO REQUIRE THESE LICENSES TO HAVE A TWO-DIGIT CODE IF THE PERSON HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE IDENTIFYING THAT PERSON IN THIS MANNER, AND TO PROVIDE THAT THE DEPARTMENT SHALL MAKE THIS CODE KNOWN TO THE APPROPRIATE LAW ENFORCEMENT OFFICERS OF THIS STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-1-141, 56-1-142, AND 56-1-143 SO AS TO ESTABLISH PROCEDURES WHEREBY THE DEPARTMENT MUST BE NOTIFIED OF PERSONS CONVICTED OF FELONIES AND PERSONS CURRENTLY INCARCERATED OR ON PAROLE OR PROBATION FOR FELONIES SO THAT THIS IDENTIFYING CODE CAN BE AFFIXED TO THEIR DRIVERS' LICENSES IN A SPECIFIED MANNER.

Referred to Committee on Education and Public Works.

H. 3364 -- Reps. Kirsh, Huff, Klapman, Beasley, L. Martin, Foster, Rama, Wilkins and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 TO TITLE 59, SO AS TO ENACT THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE PROGRAM; TO ESTABLISH THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD TO IMPLEMENT THE PROGRAM; AND TO REQUIRE THE BOARD TO OBTAIN RULINGS FROM THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION WITH RESPECT TO THE PROGRAM AND TO REQUIRE THE INFORMATION TO BE PROVIDED TO PARTICIPANTS.

Referred to Committee on Ways and Means.

H. 3365 -- Reps. Kirsh, Hayes, Wells, Meacham, Fair, Foster, Sheheen and Klapman: A JOINT RESOLUTION TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON THE CONGRESS TO SUBMIT AN APPROPRIATE AMENDMENT REQUIRING A BALANCED FEDERAL BUDGET TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE.

Referred to Committee on Judiciary.

H. 3366 -- Reps. Haskins, Kinon, Cole, Rama, G. Bailey, Rogers, Corning, Vaughn, Jaskwhich, Waites, Wilkes, A. Young, Wilder, D. Elliott, McElveen, Keesley, Manly, Wright, D. Williams, Wells, Derrick, Carnell, Littlejohn, M. Martin, Marchbanks, Phillips, McGinnis, Kempe, L. Elliott, Gonzales, Tucker, Corbett, J. Harris, Bruce, Cork, Keyserling, Barber, Houck, Smith, J.C. Johnson, Beatty, J. Bailey, Fair, Neilson, Keegan, Fulmer and Holt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-265 SO AS TO EXEMPT A NONRESIDENT SIXTY-FIVE YEARS OF AGE OR OLDER FROM OBTAINING A SOUTH CAROLINA HUNTING AND FISHING LICENSE OR PERMIT IF HIS STATE OF RESIDENCE EXTENDS SIMILAR PRIVILEGES TO SOUTH CAROLINA RESIDENTS SIXTY-FIVE YEARS OF AGE OR OLDER, AND TO PROVIDE AN EXCEPTION.

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

H. 3367 -- Rep. Bruce: A BILL TO AMEND SECTION 12-36-2110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ITEMS SUBJECT TO THE THREE HUNDRED DOLLAR MAXIMUM SALES AND USE TAX, SO AS TO MAKE THE SALE OF A HORSE TRAILER, LIVESTOCK TRAILER, OR LIGHTWEIGHT UTILITY TRAILER SUBJECT TO THE MAXIMUM TAX.

Referred to Committee on Ways and Means.

H. 3368 -- Reps. Fair, Sharpe, Rama, J. Bailey, Huff, Cork, Wells, Quinn, Harvin, Haskins, Jaskwhich, Holt, Wright, Neilson, Littlejohn, Fulmer, G. Bailey, Phillips, Gonzales, Vaughn, Burriss, H. Brown, Koon, M. Martin, McGinnis, McCain, Bruce and Marchbanks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-410 SO AS TO CREATE THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR FOR POSSESSION OF MATERIAL THAT CONTAINS A VISUAL REPRESENTATION OF A MINOR ENGAGED IN SEXUAL ACTIVITY AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-15-375 OF THE 1976 CODE, RELATING TO DEFINITIONS APPLICABLE TO SECTIONS 16-15-385 THROUGH 16-15-425, SO AS TO INCLUDE SECTION 16-15-410.

Referred to Committee on Judiciary.

H. 3369 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO REQUIRE THE HUNTING OF RACCOON IN GAME ZONE 11 AT NIGHT AND DEFINE NIGHT.

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

S. 120 -- Senators Martschink and Wilson: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE TORT CLAIMS ACT, SO AS TO INCLUDE VOLUNTEER IN THE DEFINITION OF EMPLOYEE; AND SECTION 33-55-210, RELATING TO THE RECOVERY FOR TORTS AGAINST CHARITABLE ORGANIZATIONS AND LICENSED HEALTH CARE PROVIDERS, SO AS TO INCLUDE NONPROFIT AS WELL AS CHARITABLE ORGANIZATIONS.

Referred to Committee on Judiciary.

S. 437 -- Senator Land: A BILL TO AMEND SECTION 7-7-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE PANOLA PRECINCT.

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

S. 514 -- Senators Holland, Saleeby, McConnell, Hayes, Pope, Matthews and Stilwell: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY ADJOURNMENT, SO AS TO PROVIDE FOR AN EXTENSION OF SINE DIE ADJOURNMENT TO CONSIDER REAPPORTIONMENT.

Referred to Committee on Judiciary.

S. 545 -- Senators Drummond, Williams, Waddell, Martin, Horace C. Smith, Holland, Lourie, Saleeby, J. Verne Smith, Land, Setzler, Leatherman, Leventis, Macaulay, McConnell, Moore, Peeler, Shealy, Nell W. Smith, Bryan, Courson, Fielding, Giese, Hayes, Hinson, Long, Matthews, Mitchell, Pope, Thomas, Wilson, Patterson, Stilwell, Martschink, Russell, Gilbert, Helmly, Hinds, McGill, Mullinax, O'Dell, Passailaigue, Rose, Washington and Reese: A BILL TO AMEND SECTION 56-3-2010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONALIZED LICENSE PLATES FOR CERTAIN INDIVIDUALS SO AS TO PROVIDE FOR THE ISSUANCE, REISSUANCE, OR REASSIGNMENT OF PERSONALIZED LICENSE PLATES FOR MEMBERS OF THE GENERAL ASSEMBLY.

Referred to Committee on Education and Public Works.

S. 546--POINT OF ORDER

S. 546 -- Senators Waddell, Bryan, Courson, Drummond, Fielding, Gilbert, Giese, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO PROVIDE THAT FOR TAXPAYERS, PERSONAL REPRESENTATIVES, AND TRUSTEES WHO ARE IN THE REGULAR MILITARY, RESERVES, OR NATIONAL GUARD AND STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD, THE SOUTH CAROLINA TAX COMMISSION SHALL CONFORM TO THE ACTIONS OF THE INTERNAL REVENUE SERVICE AND TO AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 WITH RESPECT TO TIME FOR FILING INDIVIDUAL AND FIDUCIARY INCOME TAX RETURNS AND PAYING INDIVIDUAL INCOME AND FIDUCIARY INCOME TAXES, TO EXTEND THIS CONFORMITY TO CORPORATE INCOME AND LICENSE TAX RETURNS AND CORPORATE INCOME AND LICENSE TAXES WHERE ALL CORPORATE OFFICERS ARE STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD, TO ADOPT FEDERAL PROVISIONS RELATING TO THE EXCLUSION OF CERTAIN COMPENSATION RECEIVED WHILE SERVING IN A COMBAT ZONE; AND TO EXTEND THE TIME FOR PAYING PROPERTY TAXES AND FILING PROPERTY TAX RETURNS FOR THOSE INDIVIDUALS.

POINT OF ORDER

Rep. McCAIN raised the Point of Order that the Joint Resolution was out of order as it dealt with revenue and was inappropriately introduced in the Senate.

The SPEAKER sustained the Point of Order and ordered the Joint Resolution returned to the Senate.

ROLL CALL

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

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

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, January 30.

Edward Bennett                         Ken Corbett
Robert Hayes                           Ken Bailey
Howell Clyborne
Total Present--116

SENT TO THE SENATE

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

H. 3040 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE LICENSED HEALTH CARE PROVIDERS TO PROVIDE NOTIFICATION OF THEIR PROCEDURES FOR FILING CLAIMS, REQUIRE CERTAIN ORGANIZATIONS PROVIDING HEALTH CARE TO ACCEPT STANDARDIZED CLAIM FORMS, PROVIDE THAT A DEBTOR MUST BE NOTIFIED BY MAIL OF THE CREDITOR'S INTENTIONS OF SUBMITTING A DEBT TO A CREDIT BUREAU OR CREDIT REPORTING AGENCY, AND PROVIDE A PENALTY FOR VIOLATION.

H. 3044 -- Reps. P. Harris, Waldrop and Whipper: A BILL TO AMEND SECTION 12-7-1235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX CREDIT FOR PAYMENTS BY THE TAXPAYER TO INSTITUTIONS PROVIDING SKILLED OR INTERMEDIATE CARE, SO AS TO CHANGE THE REFERENCE TO SKILLED OR INTERMEDIATE CARE TO NURSING FACILITY LEVEL OF CARE AND TO EXTEND THE CREDIT TO PAYMENTS FOR IN-HOME OR COMMUNITY CARE FOR PERSONS DETERMINED TO MEET NURSING FACILITY LEVEL OF CARE CRITERIA AS CERTIFIED BY A LICENSED PHYSICIAN.

H. 3045 -- Reps. P. Harris and Waldrop: A BILL TO AMEND SECTION 43-21-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LONG-TERM CARE COUNCIL, SO AS TO REVISE THE MEMBERS, PROVIDE FOR THE AUTHORIZATION OF DESIGNEES, AND DELETE REPORTS ON THE IMPLEMENTATION STATUS OF PAST COUNCIL RECOMMENDATIONS.

H. 3071 -- SENT TO THE SENATE

The following Bill was taken up.

H. 3071 -- Reps. Whipper, Waites, Corning and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-615 SO AS TO INCLUDE WITHIN THE DEFINITION OF SEXUAL BATTERY THE OFFENSE OF SPOUSAL SEXUAL BATTERY AND TO PROVIDE A PENALTY FOR VIOLATION, TO PROVIDE THAT THE OFFENDING SPOUSE'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS AND A CHARGE MADE IN ORDER FOR THAT SPOUSE TO BE PROSECUTED FOR THIS OFFENSE, AND TO PROVIDE FOR THE ADMISSIBILITY OF MATTERS OF CONTROVERSY BETWEEN THE SPOUSES UNDER THE PROVISIONS OF SECTION 16-3-659.1; AND TO AMEND SECTION 16-3-658, RELATING TO CRIMINAL SEXUAL CONDUCT WHEN THE VICTIM IS A LEGAL SPOUSE, SO AS TO PROVIDE THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT IF THE VICTIM IS HIS LEGAL SPOUSE UNLESS THE COUPLE IS LIVING APART RATHER THAN LIVING APART BY REASON OF A COURT ORDER AND PROVIDE THAT THE ACTOR'S CONDUCT MUST BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES WITHIN FORTY-FIVE DAYS IN ORDER FOR A PERSON TO BE PROSECUTED.

Rep. TOWNSEND moved to table the Bill.

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

Yeas 5; Nays 90

Those who voted in the affirmative are:

Cooper                 Gregory                Sharpe
Shirley                Townsend

Total--5

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Barber                 Baxley                 Beasley
Beatty                 Boan                   Brown, H.
Brown, J.              Bruce                  Burch
Carnell                Cato                   Chamblee
Cole                   Corbett                Cork
Corning                Cromer                 Derrick
Elliott, D.            Elliott, L.            Farr
Felder                 Fulmer                 Gentry
Glover                 Gonzales               Hallman
Harris, J.             Harvin                 Harwell
Haskins                Hendricks              Hodges
Holt                   Houck                  Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kempe
Keyserling             Klapman                Manly
Marchbanks             Martin, L.             Martin, M.
Mattos                 McAbee                 McBride
McCain                 McCraw                 McElveen
McGinnis               McKay                  Meacham
Neilson                Nettles                Quinn
Rama                   Rhoad                  Rogers
Ross                   Rudnick                Scott
Sheheen                Short                  Smith
Snow                   Sturkie                Tucker
Vaughn                 Waites                 Waldrop
Wells                  Whipper                White
Wilkes                 Wilkins                Williams, D.
Wofford                Wright                 Young, A.

Total--90

So, the House refused to table the Bill.

Rep. GREGORY spoke against the Bill.

Rep. GREGORY moved to divide the question.

Rep. NETTLES moved to table the motion, which was agreed to by a division vote of 68 to 32.

The question then recurred to the passage of the Bill on third reading, which was agreed to.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3125 -- Reps. Harvin, Rama and Wilkes: A BILL TO AMEND SECTION 11-35-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PURCHASING PROCEDURES UNDER THE PROCUREMENT CODE, SO AS TO PROVIDE THAT GOVERNMENTAL BODIES EXEMPTED FROM THE PURCHASING PROCEDURES SHALL PURCHASE SOUTH CAROLINA PRODUCED AND PROCESSED PRODUCTS WHENEVER FEASIBLE AND IF THEY CHOOSE TO USE BIDDING PROCEDURES GOVERNED BY THE PROCUREMENT CODE THAT THE PROVISIONS OF SECTION 11-35-1520(9) APPLY IF THERE ARE TIE BIDS OR BIDS BY SOUTH CAROLINA VENDORS WHICH ARE WITHIN PERCENTAGES OF THE HIGH BID.

Rep. WILKINS explained the Bill.

H. 3289 -- Rep. J. Bailey: A BILL TO AMEND SECTION 51-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO PROVIDE A PROCESS FOR FILLING VACANCIES.

H. 3127--OBJECTION

Rep. KEEGAN withdrew his objection to the following Joint Resolution whereupon an objection was raised by Rep. TOWNSEND.

H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

H. 3128--OBJECTION

Rep. KEEGAN withdrew his objection to the following Bill whereupon an objection was raised by Rep. BAKER.

H. 3128 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Corning, Huff and McElveen: A BILL TO AMEND SECTIONS 2-1-180, 11-9-880, 11-11-30, 11-11-90, AND 11-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND THE BUDGETARY PROCESS, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, TO CHANGE THE DATE OF THE ANNUAL INITIAL FORECAST OF THE BOARD OF ECONOMIC ADVISORS FROM NOVEMBER FIRST TO OCTOBER FIFTEENTH AND TO PROVIDE THAT THE INITIAL FORECAST MAY BE ADJUSTED ONLY DOWNWARD, TO PROVIDE THAT A FINAL FORECAST FOR THE NEXT FISCAL YEAR MUST BE MADE ON JANUARY FIFTEENTH RATHER THAN FEBRUARY FIFTEENTH, TO PROVIDE THAT THIS JANUARY FIFTEENTH FORECAST MAY BE ADJUSTED DOWNWARD MONTHLY, TO CHANGE THE DATE OF ANNUAL ESTIMATES OF FINANCIAL NEEDS BY STATE ENTITIES FROM NOVEMBER FIRST TO OCTOBER FIRST, TO PROVIDE THAT JOINT COMMITTEE HEARINGS ON BUDGET REQUESTS SHALL BEGIN ON THE SECOND TUESDAY IN DECEMBER, TO PROVIDE THAT SUPPLEMENTAL APPROPRIATIONS MAY BE REQUESTED FROM UNEXPENDED FUNDS FROM THE PREVIOUS FISCAL YEAR, AND TO PROHIBIT SUPPLEMENTAL APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

STATEMENT BY REP. ROGERS

Rep. ROGERS, with unanimous consent, made a statement relative to the tragic death of Ernie Nunnery, a former member of the House.

SILENT PRAYER

On motion of Rep. ROGERS, the House stood in silent prayer in memory of Ernie Nunnery, former House member.

MOTION ADOPTED

Rep. ROGERS moved that when the House adjourns it adjourn out of respect and in memory of former House member Ernie Nunnery, which was agreed to.

MOTION REJECTED

Rep. TOWNSEND moved that the House recede until 6:30 P.M., which was rejected by a division vote of 26 to 62.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. L. MARTIN.

H. 3127--ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.     It is proposed that Section 9, Article III of the Constitution of this State be amended to read:

"Section 9.     The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and Ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place shall convene at the state capitol in the City of Columbia on the second Tuesday of February of each year. Provided, That the The Senate and the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should If the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, may appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution."

SECTION 2.     The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Section 9, Article III of the Constitution of this State be amended so as to provide that the annual session of the General Assembly shall commence on the second Tuesday in February and to provide for an organizational session for the Senate in those years in which the membership of the Senate is elected and to delete obsolete language relating to earlier sessions of the General Assembly?

Yes _
No _

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Rep. CARNELL spoke against the Joint Resolution.

Rep. FELDER moved that the House recur to the morning hour, which was rejected by a division vote of 17 to 72.

Reps. WILKINS and HARWELL spoke in favor of the Joint Resolution.

Reps. FELDER, G. BROWN, and TOWNSEND spoke against the Joint Resolution.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HARWELL continued speaking.

Rep. SHEHEEN spoke in favor of the Joint Resolution.

Rep. RUDNICK moved to table the Joint Resolution.

SPEAKER IN CHAIR

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

Yeas 21; Nays 84

Those who voted in the affirmative are:

Baker                  Brown, G.              Brown, J.
Carnell                Chamblee               Cooper
Cromer                 Felder                 Foster
Harris, P.             Holt                   Kinon
Kirsh                  McAbee                 McCraw
McLeod                 Rudnick                Shirley
Townsend               Tucker                 Waldrop

Total--21

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Barber
Baxley                 Beasley                Beatty
Bennett                Boan                   Brown, H.
Bruce                  Burch                  Cato
Cole                   Corbett                Cork
Corning                Derrick                Elliott, D.
Elliott, L.            Fair                   Fulmer
Gentry                 Glover                 Gonzales
Hallman                Harris, J.             Harvin
Harwell                Haskins                Hayes
Hodges                 Houck                  Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kempe
Keyserling             Klapman                Koon
Littlejohn             Manly                  Marchbanks
Martin, D.             Martin, L.             Martin, M.
Mattos                 McCain                 McElveen
McGinnis               McKay                  Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers                 Ross                   Scott
Sharpe                 Sheheen                Smith
Snow                   Sturkie                Vaughn
Waites                 Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, D.           Wofford
Wright                 Young, A.              Young, R.

Total--84

So, the House refused to table the Joint Resolution.

Reps. RUDNICK and McABEE spoke against the Joint Resolution.

Rep. HOLT moved that the House recede until 6:30 P.M.

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

Yeas 45; Nays 61

Those who voted in the affirmative are:

Bailey, G.             Bailey, K.             Baker
Baxley                 Bennett                Boan
Brown, G.              Brown, J.              Carnell
Chamblee               Cooper                 Derrick
Elliott, D.            Faber                  Felder
Foster                 Harris, P.             Harvin
Holt                   Jaskwhich              Johnson, J.C.
Keegan                 Kirsh                  Koon
Littlejohn             Martin, D.             Mattos
McAbee                 McBride                McCraw
McKay                  McLeod                 Neilson
Nettles                Rhoad                  Ross
Rudnick                Shirley                Snow
Sturkie                Townsend               Tucker
Waldrop                White                  Wilder

Total--45

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Barber                 Beasley
Beatty                 Brown, H.              Bruce
Burch                  Cato                   Cole
Corbett                Cork                   Corning
Cromer                 Elliott, L.            Fair
Farr                   Fulmer                 Gentry
Glover                 Gonzales               Hallman
Harwell                Haskins                Hayes
Hodges                 Houck                  Huff
Johnson, J.W.          Keesley                Kempe
Keyserling             Kinon                  Manly
Marchbanks             Martin, L.             Martin, M.
McCain                 McElveen               Meacham
Phillips               Quinn                  Rama
Rogers                 Scott                  Sharpe
Sheheen                Short                  Smith
Vaughn                 Waites                 Wells
Whipper                Wilkes                 Wilkins
Wofford                Wright                 Young, A.
Young, R.

Total--61

So, the House refused to recede until 6:30 P.M.

Rep. McABEE continued speaking.

Rep. CARNELL moved to continue the Joint Resolution.

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

Yeas 26; Nays 74

Those who voted in the affirmative are:

Baker                  Brown, J.              Carnell
Chamblee               Cooper                 Corning
Cromer                 Felder                 Foster
Harris, P.             Kirsh                  Koon
McAbee                 McBride                McCraw
McLeod                 Rhoad                  Ross
Rudnick                Shirley                Sturkie
Townsend               Tucker                 Waldrop
White                  Wilkes

Total--26

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Barber                 Baxley
Beasley                Beatty                 Boan
Brown, H.              Bruce                  Burch
Cato                   Cole                   Corbett
Cork                   Derrick                Elliott, D.
Elliott, L.            Faber                  Fair
Farr                   Fulmer                 Gentry
Glover                 Gonzales               Hallman
Harvin                 Harwell                Haskins
Hayes                  Hodges                 Holt
Houck                  Huff                   Jaskwhich
Johnson, J.W.          Keegan                 Keesley
Kempe                  Keyserling             Kinon
Klapman                Lanford                Littlejohn
Manly                  Marchbanks             Martin, D.
Martin, L.             Mattos                 McCain
McElveen               McKay                  Meacham
Neilson                Phillips               Quinn
Rama                   Rogers                 Scott
Sharpe                 Sheheen                Short
Smith                  Snow                   Vaughn
Waites                 Wells                  Whipper
Wilkins                Wofford                Wright
Young, A.              Young, R.

Total--74

So, the House refused to continue the Joint Resolution.

Rep. McABEE continued speaking.

Reps. CORNING and STURKIE proposed the following Amendment No. 1, which was tabled.

To amend the resolution, as and if amended, by amending lines 29 to 44 of page 1,

Section 9 to read:

The annual session of the General Assembly shall convene at the State Capitol in the City of Columbia on the second Tuesday of February of odd numbered years and the second Tuesday of January in even numbered years.

Rep. CORNING explained the amendment.

Rep. WILKINS moved to table the amendment, which was agreed to by a division vote of 55 to 34.

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

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 73; Nays 31

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Barber                 Beasley
Beatty                 Boan                   Brown, H.
Bruce                  Burch                  Cato
Cole                   Corbett                Cork
Derrick                Elliott, D.            Elliott, L.
Fair                   Farr                   Fulmer
Gentry                 Glover                 Gonzales
Hallman                Harris, J.             Harvin
Harwell                Hayes                  Hodges
Houck                  Huff                   Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Kempe                  Keyserling             Kinon
Klapman                Lanford                Littlejohn
Manly                  Marchbanks             Martin, D.
Martin, L.             Martin, M.             Mattos
McCain                 McElveen               McGinnis
Meacham                Neilson                Nettles
Phillips               Quinn                  Rama
Rogers                 Ross                   Scott
Sheheen                Short                  Smith
Snow                   Vaughn                 Waites
Wells                  Whipper                Wilkins
Wofford                Wright                 Young, A.
Young, R.

Total--73

Those who voted in the negative are:

Bailey, G.             Baxley                 Brown, G.
Brown, J.              Carnell                Chamblee
Cooper                 Corning                Cromer
Faber                  Felder                 Foster
Harris, P.             Haskins                Holt
Kirsh                  Koon                   McAbee
McBride                McCraw                 McKay
McLeod                 Rudnick                Sharpe
Shirley                Sturkie                Townsend
Tucker                 Waldrop                White
Wilkes

Total--31

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

Rep. M.O. ALEXANDER moved that the House recede until 6:30 P.M., which was adopted.

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.

JOINT ASSEMBLY

At 6:59 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.

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.

Governor Carroll A. Campbell and distinguished party were escorted to the rostrum by Senators J. Verne Smith, Matthews, Martschink, and Hinds and Reps. HASKINS, McELVEEN, WHITE, and BOAN.

The President of the Senate introduced Governor Campbell who then addressed the Joint Assembly as follows:

ADDRESS BY GOVERNOR CARROLL A. CAMPBELL
STATE OF THE STATE ADDRESS
BEFORE A JOINT SESSION OF THE
109TH GENERAL ASSEMBLY OF SOUTH CAROLINA
COLUMBIA, JANUARY 30, 1991

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.

Upon the conclusion of his address, Governor Campbell and his escort party retired from the Chamber.

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 Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 7:40 P.M. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3352 -- Reps. Rudnick, Gentry, Huff, Keesley, Smith and Sharpe: 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.

ADJOURNMENT

At 7:41 P.M. the House in accordance with the motion of Rep. ROGERS adjourned out of respect and in memory of former House member Ernie Nunnery, to meet at 10:00 A.M. tomorrow.

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