South Carolina General Assembly
113th Session, 1999-2000
Journal of the Senate

Wednesday, January 19, 2000

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, note how carefully St. Paul chooses his words in speaking to the Romans, who also knew something about pressures and tensions. Romans 12:18:

"If possible, so far as it depends upon you, live peaceably with all."
Let us pray.

God of our Fathers, and our God, as Your Servant, our Governor, His Excellency, James Hovis Hodges, comes tonight before the General Assembly, we pray that You will bless him who speaks and us who hear.

May we, each in our own sphere of responsibility, he as Chief Executive, and we, bearing the burdens of legislation, may give to our beloved State our best stewardship.

As we confront the issues in our common life, many and complex, help us to feel Your inspiration and Your support amidst the cross-currents of our stream of life.

Help us to so focus our labors and release our energies that at the end of the day we will hear You say, "Well done, good and faithful servants."
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable James H. Hodges:

Local Appointments

Reappointment, Aiken County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Joey Lee Addie, 14 Masonic Shopping Center, Graniteville, S.C. 29829

Reappointment, Aiken County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Carl S. Insley, Post Office Box 636, Langley, S.C. 29834

Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

John Mark Queen, 262 Dulin Road, Blacksburg, S.C. 29702 VICE Norris E. Camp (resigned)

Reappointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1999, and to expire April 24, 2003:

Dorchester County:

Ronnie M. Givens, 122 President Circle, Summerville, S.C. 29483

Remarks by Senator COURSON

Senator COURSON was recognized to address remarks to the Senate.

Robert E. Lee of Virginia was born on this date in 1807. General Lee was one of the noblest Americans and certainly the most illustrious Southerner in our history. He is my personal hero.

Today, South Carolina celebrates an optional state holiday in his honour and rightfully so. Upon graduating from the United States Military Academy at West Point, he served with great distinction in the United States Army. I believe, the Senator from York, Senator Hayes, also a West Point graduate, can verify this statement. Robert E. Lee is the only graduate of the United States Military Academy who never received a demerit.

In April 1861, when Virginia seceded from the United States, he was offered command of the United States Army. He refused this high honour because he could not wage war against Virginia and her fellow Southern states. On June 1, 1862, he assumed command of the Confederate forces defending Richmond which he subsequently named the Army of Northern Virginia.

This army, the Army of Northern Virginia, was composed of regiments from every Southern state and achieved military glory unsurpassed in the history of our armed forces. He was forced by an adversary with overwhelming resources to surrender on April 9, 1865.

He subsequently was offered and accepted the Presidency of Washington College in Lexington, Virginia which is now Washington and Lee University.

His greatness as an American, a Southerner, and a General was evident when he surrendered the Army of Northern Virginia. There were over two hundred thousand Confederate troops in the field throughout the South. He could have by sheer force of personality continued the War Between the States for several years. Several of his officers suggested continuing the fight. He rejected these recommendations because he knew the result would be the same and the bitterness that would have accompanied a continuation of the conflict would make reconciliation between the North and South very, very difficult.

The War Between the States was over and General Robert E. Lee knew it. We will be debating the fate of the Confederate Battle Flag in this body. My family fought for South Carolina and Georgia during the War Between the States. I am proud of my Southern heritage and I consider the Battle Flag to be a soldier's flag that is an honourable banner.

We need to give the Confederate Battle Flag the respect it earned on so many battlefields from 1861-1865. The South Carolina Senate resolved this issue in 1994 when we passed the Heritage Act. I think that General Lee would want us to resolve this issue with honour, dignity and finality this year. I am hopeful that we will.

On motion of Senator BRANTON, with unanimous consent, ordered printed in the Journal.

Remarks by Senator LEVENTIS

Senator LEVENTIS was recognized to address remarks to the Senate.

Mr. PRESIDENT, ladies and gentlemen of the Senate, I would like to bring something to your attention this morning just briefly. But I want to, I suppose, put you on notice that these issues may again be before us, although I think inappropriately so.

Recently, the Court of Appeals ruled in the matter of Leventis vs. DHEC. This dealt with a matter of a commercial hazardous waste landfill in Sumter County. Now, the reason I bring it to your attention is simply to tell you that the company involved has stated publicly and in the press that they will seek help from the General Assembly on these issues.

There's no use for me to go into great detail on these issues, but to say, that you should reserve judgment until you have a chance to read both the court decision and until you know the extensive record of the company involved. They have sued us, the State of South Carolina, on numerous occasions and currently are suing us. They are suing us right now claiming a civil rights violation. The company says enforcing our South Carolina regulations infringes on their civil rights!

They have paid millions of dollars in fines to the State for repeated violations of hazardous waste regulations and laws. Money from their corporate coffers was involved in the only Lost Trust issue which involved two consenting partners. It wasn't entrapment or a sting operation. Two people got together. Money was exchanged. The money came from a predecessor of this corporation.

I could go on and on and on about this, but it's not appropriate. What is appropriate to say is that the company has stated that when they didn't get the relief in the courts they sought, when finally the citizens did get relief that they have sought for many years, that their next effort was to come to us. Highly inappropriate. I would simply ask you not to make judgment but to reserve judgment until you have a chance to see the facts. To let myself and others who have followed this matter for twenty years apprise you of the facts as they are and not as anyone wants them to be and determine, I hope, that this is not the appropriate forum for dealing with those facts.

Thank you, Mr. PRESIDENT.

* * *

On motion of Senator LEVENTIS, with unanimous consent, ordered printed in the Journal.

Doctor of the Day

Senator J. VERNE SMITH introduced Dr. Charlie Thomas of Simpsonville, S.C., Doctor of the Day.

RECALLED AND COMMITTED

S. 1041 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-760 AND 38-71-280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREE-YEAR PERIOD; TO PROVIDE THAT IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREE-YEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN'S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.

Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator SALEEBY, with unanimous consent, the Bill was committed to the Committee on Banking and Insurance.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1045 (Word version) -- Senators Leatherman, Peeler, Giese, Martin, Mescher, Ryberg, Wilson, Grooms, Courtney, McConnell, Russell, Waldrep, Branton, Thomas, Ravenel, Hayes, Gregory, Fair, Alexander and Bauer: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE BY ONE PERCENT A YEAR THE STATE PORTION OF SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JULY 1, 2004, AND TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD.
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Read the first time and referred to the Committee on Finance.

S. 1046 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS STATE INCOME TAX CREDIT, SO AS TO INCLUDE LEASED EMPLOYEES AMONG THOSE EMPLOYEES WHO MAY COUNT TOWARD "NEW JOBS" FOR PURPOSES OF DETERMINING ELIGIBILITY FOR THE CREDIT.
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Read the first time and referred to the Committee on Finance.

S. 1047 (Word version) -- Senators Holland, Moore, Rankin, Ryberg and Hutto: A BILL TO AMEND SECTION 20-7-5915, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES AND DUTIES OF THE STATE LAW ENFORCEMENT DIVISION'S DEPARTMENT OF CHILD FATALITIES, SO AS TO GIVE THE DEPARTMENT THE AUTHORITY TO CLOSE A CHILD-FATALITY CASE IF A LAW ENFORCEMENT AGENCY AND CORONER DETERMINE AFTER AN INVESTIGATION THAT THE CAUSE OF DEATH IS FROM NATURAL CAUSES, AND TO MAKE OTHER REVISIONS TO THE SECTION; TO AMEND SECTION 20-7-5920, RELATING TO THE PURPOSES AND DUTIES OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO GIVE THE COMMITTEE THE DUTY TO PROMOTE AND ENCOURAGE THE DEVELOPMENT OF LOCAL CHILDREN'S HEALTH AND SAFETY COUNCILS; TO AMEND SECTION 20-7-5950, RELATING TO THE CONFIDENTIALITY OF MEETINGS OF THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF MEETINGS OF THE LOCAL COUNCILS; AND TO AMEND SECTION 20-7-5960, RELATING TO THE CONFIDENTIALITY OF INFORMATION AND RECORDS OF THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION AND RECORDS OF THE LOCAL COUNCILS.
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Read the first time and referred to the Committee on Judiciary.

S. 1048 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 3, TITLE 53 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-120, SO AS TO ESTABLISH THE THIRD SATURDAY IN FEBRUARY EACH YEAR AS PURPLE HEART DAY IN SOUTH CAROLINA, TO PAY TRIBUTE TO THE ORDER OF THE PURPLE HEART FOR MILITARY MERIT AND THE EXCEPTIONAL MEN AND WOMEN WHO HAVE RECEIVED THIS DECORATION.
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Read the first time and referred to the Committee on Judiciary.

S. 1049 (Word version) -- Senators Grooms and Branton: A CONCURRENT RESOLUTION REQUESTING THE BUREAU OF INDIAN AFFAIRS OF THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RECOGNIZE THE EDISTO NATCHEZ KUSSO TRIBE OF SOUTH CAROLINA FOR PURPOSES OF ALL FEDERAL PROGRAMS OPERATED BY THE BUREAU OF INDIAN AFFAIRS FOR NATIVE AMERICANS.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 1050 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO RECOGNIZE THE THIRD SATURDAY IN FEBRUARY AS PURPLE HEART DAY IN SOUTH CAROLINA, TO PAY TRIBUTE TO THE ORDER OF THE PURPLE HEART FOR MILITARY MERIT AND THE EXCEPTIONAL MEN AND WOMEN WHO HAVE RECEIVED THIS DECORATION.
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On motion of Senator MOORE, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 3786 (Word version) -- Rep. Fleming: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR CONDUCTING A PARTY PRIMARY AND THE CERTIFICATION OF CANDIDATES PLACED ON PRIMARY BALLOTS, SO AS TO REQUIRE CANDIDATES TO BE CERTIFIED IN WRITING, ADD SATURDAY TO SUNDAY AS A DEADLINE FOR CERTIFICATION WHICH WOULD BE MOVED TO THE FOLLOWING MONDAY IF IT FELL ON THOSE DAYS, REQUIRE THE WRITTEN CERTIFICATION TO VERIFY THE QUALIFICATIONS OF A CANDIDATE, REQUIRE THE STATE ELECTION COMMISSION TO PROVIDE EACH PARTY WITH AN AFFIDAVIT WHICH MUST BE USED TO CERTIFY A CANDIDATE, AND PROVIDE A PENALTY FOR FAILURE TO FILE OR FOR KNOWINGLY FALSIFYING AN AFFIDAVIT.

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

H. 4414 (Word version) -- Reps. Allison, Davenport, Hawkins, Lanford, Lee, Littlejohn, D. Smith, Vaughn, Walker and Wilder: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE 85 WHICH IS COMMONLY KNOWN AS BUSINESS I-85 IN SPARTANBURG COUNTY AS THE "VETERANS PARKWAY" AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE INTERSTATE CONTAINING THE WORDS "VETERANS PARKWAY" IN HONOR OF THE NUMEROUS CONTRIBUTIONS OF THE MANY SPARTANBURG CITIZENS WHO HAVE HONORABLY SERVED IN THE SEVERAL BRANCHES OF THE ARMED FORCES OF THE UNITED STATES.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4422 (Word version) -- Reps. D. Smith and Littlejohn: A BILL TO AMEND ACT 178 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE CONVERSE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL OF THE DISTRICT FROM THREE TO FIVE MEMBERS.

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

H. 4447 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF A DEAR FRIEND, RESPECTED LEADER, AND FORMER CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JAMES WOODROW LEWIS, OF DARLINGTON.

The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator RYBERG from the Committee on Judiciary submitted a favorable report on:

S. 771 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS, SO AS TO AUTHORIZE ANY PERSON AT LEAST SIXTEEN YEARS OF AGE WHO HAS COMPLETED THE NECESSARY TRAINING AND WHO IS NOT OTHERWISE DISQUALIFIED BY LAW TO BE APPOINTED AS A POLL MANAGER'S ASSISTANT BY THE APPROPRIATE COUNTY ELECTION COMMISSION.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Judiciary submitted a favorable with amendment report on:

S. 776 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-701 SO AS TO DESIGNATE THE "CREPE MYRTLE" AS THE OFFICIAL STATE SHRUB.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

S. 946 (Word version) -- Senators Holland Elliott, and Rankin: A BILL TO AMEND SECTION 7-5-440, AS AMENDED CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR VOTING WHEN A QUALIFIED ELECTOR MOVES AND DOES NOT NOTIFY THE COUNTY BOARD OF VOTER REGISTRATION OF THE CHANGE OF ADDRESS BEFORE THE ELECTION, SO AS TO INCLUDE A PERSON WHO MOVES FROM ONE COUNTY TO ANOTHER AND DOES NOT NOTIFY THE BOARD WITHIN THE THIRTY-DAY PERIOD BEFORE THE ELECTION.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

S. 947 (Word version) -- Senators Holland and Elliott: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN A GENERAL ELECTION, SO AS TO PROVIDE THAT THE STATEMENT OF INTENTION OF CANDIDACY MUST CONTAIN A STATEMENT THAT THE CANDIDATE MEETS, OR WILL MEET BY THE TIME OF THE GENERAL ELECTION, THE QUALIFICATIONS FOR THE PARTICULAR OFFICE SOUGHT; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT A CANDIDATE MUST CERTIFY THAT HE MEETS, OR WILL MEET BY THE TIME OF THE GENERAL ELECTION, THE QUALIFICATIONS FOR THE PARTICULAR OFFICE SOUGHT; TO AMEND SECTION 7-13-40, RELATING TO CERTIFICATION OF NAMES OF PRIMARY CANDIDATES, SO AS TO PROVIDE THAT POLITICAL PARTIES MUST VERIFY QUALIFICATIONS OF CANDIDATES PRIOR TO CERTIFICATION; TO AMEND SECTION 7-13-320, RELATING TO BALLOT STANDARDS AND SPECIFICATIONS, SO AS TO PROVIDE THAT EACH COUNTY ELECTION COMMISSION MUST PROVIDE A COPY OF EACH BALLOT STYLE TO BE USED FOR PRIMARY, GENERAL, AND SPECIAL ELECTIONS IN THE ABSENTEE PRECINCT TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION NOT LATER THAN SEPTEMBER FIRST IN THE CASE OF GENERAL ELECTIONS, AND NOT LATER THAN FORTY DAYS PRIOR TO THE DATE OF THE ELECTION IN THE CASE OF SPECIAL AND PRIMARY ELECTIONS; TO AMEND SECTION 7-13-330, RELATING TO THE FORM OF A GENERAL ELECTION BALLOT, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 7-13-350, RELATING TO CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO PROVIDE THAT CERTIFICATION MUST BE IN WRITING AND MUST BE EFFECTED NOT LATER THAN AUGUST FIFTEENTH, RATHER THAN SEPTEMBER FIRST; TO AMEND SECTION 7-13-351, RELATING TO NOMINEES BY PETITION, SO AS TO PROVIDE THAT ANY PETITION MUST BE SUBMITTED TO THE APPROPRIATE AUTHORITY NOT LATER THAN JULY FIFTEENTH RATHER THAN AUGUST FIRST; TO FURTHER PROVIDE THAT THE BOARD OF VOTER REGISTRATION OF EACH COUNTY MUST CERTIFY THE PETITION TO THE AUTHORITY NOT LATER THAN AUGUST FIFTEENTH RATHER THAN SEPTEMBER FIRST; TO AMEND SECTION 7-13-352, RELATING TO THE DATE BY WHICH STATEMENTS OF CANDIDACY MUST BE FILED, SO AS TO CHANGE THE DATE FROM NOT LATER THAN SEPTEMBER FIRST TO NOT LATER THAN AUGUST FIFTEENTH; AND TO AMEND SECTION 7-13-355, RELATING TO THE TIME FOR SUBMITTING A REFERENDUM QUESTION TO THE APPROPRIATE ELECTION COMMISSION FOR SUBMISSION AS A REFERENDUM TO ELECTORS, SO AS TO CHANGE THE DATE BY WHICH THE QUESTION MUST BE SUBMITTED TO THE COMMISSION FROM SEPTEMBER FIRST TO AUGUST FIFTEENTH.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1009 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 7-13-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS TO BE PROVIDED WHERE VOTING MACHINES ARE NOT USED, SO AS TO PROVIDE THAT FOR EACH VOTING PLACE WHERE VOTING MACHINES ARE USED THERE MUST BE A NUMBER OF BALLOTS NOT TO EXCEED TEN PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO FURTHER PROVIDE THAT THERE MUST BE PROVIDED FOR EACH VOTING PLACE AS MANY FAILSAFE BALLOTS, OR BALLOTS CONTAINING ONLY THE RACES FOR FEDERAL, STATEWIDE, COUNTYWIDE, AND MUNICIPAL OFFICES AS ARE EQUAL TO NO MORE THAN FIVE PERCENT OF THE REGISTERED QUALIFIED VOTERS AT THE VOTING PLACE; TO AMEND SECTION 7-13-1680, RELATING TO NUMBER, TYPE, USE, REPAIR, AND CUSTODY OF VOTING MACHINES, SO AS TO PROVIDE THAT THE GOVERNING BODY OF ANY COUNTY OR MUNICIPALITY PROVIDING VOTING MACHINES AT POLLING PLACES MUST PROVIDE FOR EACH POLLING PLACE AT LEAST ONE VOTING MACHINE FOR EACH TWO HUNDRED FIFTY REGISTERED VOTERS RATHER THAN THREE HUNDRED FIFTY REGISTERED VOTERS; TO AMEND SECTION 7-13-1750, RELATING TO PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO PROVIDE THAT A VOTING MACHINE MAY BE LOCKED OR SEALED; TO AMEND SECTION 7-13-1770, RELATING TO THE DUTIES OF MANAGERS PRIOR TO OPENING THE POLLS, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE MANAGERS OF ELECTION SHALL HAVE THE VOTING MACHINES, BALLOTS, AND STATIONERY DELIVERED TO THEM FOR THE ELECTIONS, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1880, RELATING TO PLACEMENT OF VOTING MACHINES IN POLLING PLACES, SO AS TO PROVIDE THAT MANAGERS MUST LOCK OR SEAL VOTING MACHINES AS SOON AS THE POLLS ARE CLOSED; TO AMEND SECTION 7-13-1890, RELATING TO THE REQUIREMENT THAT MACHINES REMAIN LOCKED AFTER ELECTIONS, SO AS TO PROVIDE THAT MACHINES MAY BE OPENED AND ALL DATA EXAMINED BY THE AUTHORITY RESPONSIBLE FOR CONDUCTING THE ELECTION IN ORDER TO ASCERTAIN THE MACHINE RESULTS AS LONG AS ALL CANDIDATES IN AN AFFECTED RACE ARE NOTIFIED AND GIVEN AN OPPORTUNITY TO BE PRESENT OR UPON THE ORDER OF A COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 7-15-310, RELATING TO THE DEFINITION OF IMMEDIATE FAMILY, SO AS TO INCLUDE WITHIN THE DEFINITION GRANDPARENTS, GRANDCHILDREN, AND MOTHERS-IN-LAW, FATHERS-IN-LAW, BROTHERS-IN-LAW, SISTERS-IN-LAW, SONS-IN-LAW, AND DAUGHTERS-IN-LAW; AND TO REPEAL SECTION 7-13-620 RELATING TO NUMBER OF BALLOTS PROVIDED.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3804 (Word version) -- Reps. Knotts, Whatley, Seithel, Koon, McGee, Wilkins, Harrison, Allison, Altman, Askins, Bales, Barrett, Battle, Bauer, Beck, H. Brown, J. Brown, T. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Gilham, Gourdine, Hamilton, Haskins, Hawkins, Hinson, Inabinett, Jennings, Keegan, Kennedy, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Lourie, Lucas, Mason, McCraw, M. McLeod, Meacham-Richardson, Miller, J.H. Neal, Neilson, Ott, Phillips, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilder, Woodrum and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WEAPONS, BY ADDING ARTICLE 7 SO AS TO PROVIDE DEFINITIONS RELATING TO BOMBS AND WEAPONS OF MASS DESTRUCTION, TO PROHIBIT MANUFACTURE, TRANSPORTATION, POSSESSION, OR USE OF BOMBS AND WEAPONS OF MASS DESTRUCTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Senator ELLIOTT from the Committee on Judiciary submitted a favorable report on:

H. 3994 (Word version) -- Reps. Barfield, Edge, Keegan, Kelley and Witherspoon: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS, DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED, AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE HORRY COUNTY BOARD OF REGISTRATION AND ELECTIONS WITH THE APPROVAL OF A MAJORITY OF THE HORRY COUNTY LEGISLATIVE DELEGATION.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

H. 4128 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 7-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HAMPTON COUNTY, SO AS TO CHANGE THE POLLING PLACE IN THE SCOTIA PRECINCT FROM THE SCOTIA COMMUNITY HOUSE TO THE SCOTIA TOWN HALL.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., January 18, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and appointed Reps. Breeland, Lourie and Bales of the Committee of Free Conference on the part of the House on:

H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., January 18, 2000

Mr. President and Senators:

The House respectfully informs your Honorable Body that the report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:

H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Very respectfully,
Speaker of the House
Received as information.

HOUSE CONCURRENCE

S. 1019 (Word version) -- Senators McConnell, Saleeby and Moore: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 9, 2000, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2006; TO ELECT A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT, SEAT 5, WHOSE TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRED JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2000.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1022 (Word version) -- Senators Washington, Passailaigue, McConnell, Ravenel, Branton and Grooms: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE HONORABLE RICHARD E. FIELDS OF CHARLESTON COUNTY ON THE OCCASION OF A RECEPTION SPONSORED BY THE 100 BLACK MEN OF CHARLESTON, THE CHARLESTON LAWYERS CLUB, THE CHARLESTON COUNTY BAR ASSOCIATION, AND THE BETA KAPPA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INC., TO RECOGNIZE HIS OUTSTANDING ACHIEVEMENTS.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1024 (Word version) -- Senators Courtney, Reese and Russell: A CONCURRENT RESOLUTION TO RECOGNIZE SPARTANBURG COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE FEBRUARY 15, 2000, AS "SPARTANBURG COUNTY DAY" IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1033 (Word version) -- Senator Drummond: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 19, 2000, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:

H. 3335 (Word version) -- Reps. Beck, Wilder, W. McLeod, J. Brown, R. Smith and Mason: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO PROVIDE FOR DISCLOSURE OF A PERMANENT MEDICAL CONDITION AND ORGAN AND TISSUE DONOR STATUS, BOTH OF WHICH MUST BE INDICATED BY SYMBOLS ON THE LICENSE AND CONTAINED IN THE DRIVER'S RECORD; TO FURTHER PROVIDE THAT THIS INFORMATION MUST BE MADE AVAILABLE UPON REQUEST TO LAW ENFORCEMENT AND EMERGENCY MEDICAL SERVICES AND HOSPITAL PERSONNEL AND THAT DONOR STATUS INFORMATION MUST BE MADE AVAILABLE TO THE SOUTH CAROLINA DONOR REFERRAL NETWORK.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

Senator MOORE asked unanimous consent to make a motion that S. 544 be placed in the status of Interrupted Debate with the stipulation that it not be taken up for consideration prior to Tuesday, February 1, 2000; however, subject to the request of the Chairman of the Committee on Agriculture and Natural Resources, the Senate would proceed to an immediate consideration of S. 12 (currently in the status of Adjourned Debate), with S. 544 remaining in the status of Interrupted Debate, and, upon completion of S. 12, the Senate would immediately revert to consideration of S. 544.

There was no objection and the motion was adopted.

RECESS

At 11:33 A.M., on motion of Senator MOORE, the Senate receded from business until 6:45 P.M.

NIGHT SESSION

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

Committee to Escort

The PRESIDENT appointed Senators DRUMMOND, PEELER, PATTERSON, HAYES, COURTNEY and GLOVER to escort the Honorable James H. Hodges, Governor of South Carolina, and members of his party to the Hall of the House of Representatives for the Joint Assembly.

RECESS

At 6:55 P.M., on motion of Senator DRUMMOND, the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY

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

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of S. 1033, a Concurrent Resolution adopted by both Houses.

The Honorable James H. Hodges and members of his party were escorted to the rostrum by Senators DRUMMOND, PEELER, PATTERSON, HAYES, COURTNEY and GLOVER and Representatives Sheheen, Carnell, Neilson, J. Roland Smith, Kennedy and Koon.

The PRESIDENT of the Senate introduced the Honorable James H. Hodges, Governor of the State of South Carolina.

The Governor addressed the Joint Assembly as follows:

2000 State of the State Address

Mr. Speaker, Mr. PRESIDENT, Ladies and Gentlemen of the General Assembly, distinguished guests and my fellow South Carolinians.

The last year of the 20th Century was one for the record books in South Carolina - record business investment in our State, record investments in our schools, record storms and floods along our coast, a nearly perfect record for the College of Charleston basketball team and, sadly, a perfect record for my beloved Gamecocks in football.

But for all the ups and downs in 1999, a clear picture emerges -- a newer, stronger South Carolina - attacking long-standing problems with aggressive initiatives in education, health care, economic development and public safety.

Tonight, I want to review our record of progress and propose initiatives to challenge, inspire and lead us into a new century. I have no doubt the vision of South Carolina's future looks just a little different to each of us. Some South Carolina families have lived here for generations. Others are just now unpacking.

Some love our beaches, some love our mountains.

Some are parents who want more opportunity for our children.

Some are seniors hoping for independence that lasts for all their years.

Each of us brings a different set of experiences, hopes and dreams to our lives.

But we're all South Carolinians. Our collective future is most complete when viewed as a whole. We all have hopes for our State. We see a better path ahead for it and for our people. We may choose different routes from time to time, but I believe we seek the same destination -- a peaceful, prosperous and productive home for us, our children and their children.

Last year, I called upon you to join me in a children's crusade -- a crusade to put our children first. A crusade to make education our top priority. Working together, we've taken some giant steps toward that goal.

We devoted $1 billion to build new schools in every community in our State -- without raising taxes. We dramatically improved preschool education by launching First Steps with a goal of ensuring every child starts school healthy and ready to learn.

We asked parents to take an active role in their children's education by signing our "Compact with Our Children," and more than 100,000 parents responded. That's right, more than 100,000.

We improved discipline and safety in the schools by creating alternative schools and putting school safety officers in every high school in South Carolina. And we've raised teacher pay to an even higher level above the southeastern norm.

I'd say that's a report card with a straight A average.

Because of our efforts, South Carolina is a better place than it was one year ago tonight.

But we cannot retrench or retreat. Whether you're here on the floor of the General Assembly or at home in your living room, I am calling on all of you to build on this record of success.

This is no time to back off our commitment to higher standards and greater resources for education. We can't afford anything less than our complete commitment to improving education for all South Carolinians.

Our children's crusade for education is on the march. Our challenge now is to pick up the pace.

Here are my goals for education this year.

First, every child deserves a quality teacher.

You know the teachers I mean. Teachers who know their stuff -- who know how to inspire students to be their best and set a good example every day.

Educators like that teach right now in South Carolina and some of them are with us tonight.

Please join me in recognizing five of South Carolina's best -- five of the 34 teachers in our State who have achieved our country's highest standard for teaching excellence, national certification.

These teachers have spent up to 180 hours assembling a teaching portfolio of their lesson plans and teaching methods. They've submitted those methods to critical review by some of the best teachers in the nation. They've survived rigorous testing to demonstrate their knowledge of the subject matter they teach.

One of these five, Kathy Schwalbe, says the certification process made her ask, "Am I giving my students my best?"

Today, Kathy can answer that with a confident, "yes." She's more comfortable and even more competent in the classroom. And her students are better for it. We need more teachers like Kathy. We need more messengers of educational excellence to spread the gospel of commitment and dedication that's lifted them to the highest standards in their profession.

Let's set an ambitious goal -- by the year 2002 -- at least 500 nationally certified teachers in South Carolina.

If we ask teachers to commit to this rigorous course of improvement, we must provide incentives. Right now, teachers sacrifice their own time and own money to earn national certification.

I propose we remove the financial barrier to certification by loaning our teachers the $2,000 dollars they need to begin the process and then forgive that loan if a teacher successfully completes the rigorous training.

Our State should also reward outstanding achievement in teaching with performance bonuses. I propose we award a $25,000 bonus for the South Carolina Teacher of the Year, a $10,000 bonus for each of the four teachers on the South Carolina Honor Roll and a $1,000 bonus for each district teacher of the year.

We need better trained teachers and we need more of them. And we need strong role models for our students. People are trying to help, and we should help them.

One of them is here tonight -- Jeff Davis.

You may recognize Jeff. He's the former Clemson standout who played on the Tigers' 1981 National Championship Team and then went on to a great career with the Tampa Bay Buccaneers.

Jeff didn't always have heroic role models. As a child, he remembers the futile search for someone to look up to at school. He says young men who don't find these role models may not see the value of education.

Today, Jeff's the captain of his most important effort -- recruiting African-American men to become teachers through a program titled "Call Me Mister."

Jeff's made me a believer. He wants to help us win another national championship -- this time in the classroom. That's why I have asked for more than $1 million for teacher recruitment to fund "Call Me Mister" and programs like it throughout South Carolina.

We must redouble our efforts to recruit the best and brightest classroom leaders - a diverse group of teachers who can serve as role models for all children.

We are asking a lot more of our teachers. But in the classroom teachers are only part of the equation. Obviously, students in our schools should develop good minds. To me, it's equally obvious they should develop good values. Parents make the first -- and best -- teachers when it comes to values. Children must learn right from wrong in their own homes and in their places of worship. But the need to learn right from wrong shouldn't stop when a child enters the classroom.

Schools can't teach character all by themselves. But schools should reinforce the lessons of right and wrong that children learn at home. I propose that every South Carolina school develop a character education program focusing on those character traits a civilized society values -- traits like good citizenship, respect, honesty and integrity.

That's why my proposed budget includes funds to train teachers in ways to introduce character education in the classroom. In addition, specific funds are earmarked for grants to school districts to offset the cost of developing a character education program.

And that's why I think it's time to require students to respect their teachers. In every school our students must use words that show that respect. I'm talking about ma'am, sir, Mr. and Mrs.

What's the value of character education? Ask someone like Joanne Skillman, Assistant Principal at East Aiken Elementary. Joanne says her students now challenge each other to be more virtuous and honest. Learning the meaning of these character traits is helping East Aiken students live by them. Representative Todd Rutherford knows the wisdom of this practice and has agreed to sponsor my character education program.

These initiatives aren't expensive. In fact, teaching good manners and a respectful attitude cost next to nothing, but the benefits of a more courteous and more civilized society are priceless.

As I look back on what we've accomplished during the past year, nothing makes me more proud than the great strides we've taken in preschool education.

We launched First Steps, our preschool readiness program, with a $20 million dollar appropriation from the General Assembly.

The private sector knows a good investment when it sees it and is chipping in $5 million more.

There is a hunger across our State for First Steps. Entire communities are working together to find out what children need to be ready for school and then create initiatives to meet these needs. They're excited just to have the chance. In tiny Allendale County alone, more than 150 people jammed into a First Steps organizational meeting. That response has been repeated in county after county. First Steps is making a difference.

Two years ago Clarendon County -- and much of the rest of South Carolina -- was falling further behind when it came to preparing our children for school. That's why we needed bold new initiatives from state government to turn these numbers around.

Tonight I can report to you initiatives we began a year ago are taking hold. In our gallery is a group of Clarendon County preschoolers. These kids are among the first in our State to benefit from First Steps. When they complete the first grade, these kids won't become another bottom-of-the-ranks statistic. Instead, they'll be on a path to success.

I'm so proud of these kids -- I can't wait to see their progress. We can't risk any child's chance to follow that same path. And I, for one, don't intend to. That's why I am asking for an additional $10 million for First Steps -- enough to fund initiatives in all 46 counties throughout South Carolina.

I also want the First Steps Board of Trustees, in conjunction with my office, to take a comprehensive look at child care in South Carolina. There are at least 140,000 children in child care in South Carolina. And that's just the ones we know about, getting licensed care. The need for quality child care is clear. We've got to ensure that, while these children are away from their moms and dads, they're getting the best possible foundation to start school.

Each of the programs I've mentioned is designed to raise the abilities of our children. I assure you that each also emphasizes accountability to guarantee these programs achieve the desired results. That's why I am devoting more than $23 million in my budget to meet the Education Accountability Act standards.

These funds pay for report cards on school performance and summer school or remediation for kids who need it. They also provide principal and teacher specialists to aid impaired schools and help at-risk districts before they become impaired.

Improving education takes more than programs and money. It takes a personal commitment from each one of us. That's why my wife, Rachel, and I choose to promote reading.

I've met so many of our young students as they come through my office for a weekly reading session. Often, it's this book, a favorite of my sons', "Sylvester and the Magic Pebble."

It's sometimes hard to believe there's any five-year-old left who hasn't heard me read this book. But we know there are too many young people who aren't exposed every day to the joy of reading.

That means young children missing out on time with a parent or other role model. That means older children deprived of exercise of the imagination that only the written word can provide. That's why I created the Governor's Institute of Reading and held a statewide summit to promote the best reading practices.

My wife's program, "Reading with Rachel," has visited more than 40 classrooms, held nearly 10 events at the Governor's Mansion, and is donating more than 200 new books every month to students, libraries and schools.

In last year's State of the State, I challenged students to get a library card -- and use it. This year, let's create a whole new goal. I challenge every student in kindergarten through 12th grade to read at least 20 books this year. Those who do will be named members of my "Governor's Reading Honor Roll."

Kids, a good book can open the mind to ideas and take you places no video game ever will.

So far, I've focused on what we can do to make our public schools better. But the real payoff for many of our children comes only if they can complete a college education.

Paying for college is one of the biggest challenges families face. In many cases, it means going deep into debt or not going to college at all.

Did you know that it costs almost $50,000 to put a child through the University of South Carolina today?

My oldest son, Luke, is six years old. By the time Luke's ready for college, experts estimate that figure will be more like $115,000. By graduation day today, the average student with loans is $20,000 dollars in debt. That's not right. Every family in South Carolina deserves the chance to send their children to college. Every graduate deserves to be free from constant worry over debt.

Let's put a face on these statistics. Meet Patricia and Timothy Delts of Hopkins and their five children. These kids have some high ambitions and they're working hard to reach them. Their mom and dad are working hard on putting money aside to save for those college bills.
But by the time their youngest, seven-year-old Georgia, gets her degree, the Delts face 14 straight years of tuition bills and college loans.

It's time we do something to relieve the crushing financial burden imposed on South Carolina families by the cost of higher education.

The time has come for an education lottery in South Carolina.

I have two requirements for a lottery. First, South Carolina must run our lottery like a business. Second, proceeds from the education lottery must fund scholarships for students pursuing higher education and pay for technology in our classrooms. Under my proposal, funds from an education lottery will double the number of state-sponsored scholarships currently available in South Carolina. And let's offer our young people the chance to earn an associate's degree -- tuition free. More and more, an associate's degree is the minimum requirement for a good job.

Lottery funds will make higher education more accessible by providing a $2,000 scholarship for anyone earning a B average. Plus, a lottery will improve upon existing LIFE scholarships. If a high school student earns a B and meets the SAT requirement, then scholarship money will double from $2,000 to $4,000.

The lottery will provide special scholarships to help teachers upgrade their knowledge of the subjects they teach.

Finally, the technology we will provide South Carolina students with lottery funds will make us number one in the nation -- leading the way -- in access to the latest tools for learning.

I spoke earlier of the struggle to pay for college.

Supposedly a child's public education in the years leading up to college is free. Any parent knows, like I do, that's a joke.

Required school supplies, uniforms, band instruments, field trips -- these are just some of the hidden costs of public education, and that's not taking into account the money needed to feed and clothe an active and growing student. We should do more to help our state's families during this difficult time. That's why I am proposing an annual state-wide sales tax holiday. While all consumers would benefit, families with school-age children would benefit the most from a sales tax break on clothing and back to school items during this three-day weekend each August.

South Carolina has been truly blessed with a booming economy. That's enabled us to return a sizeable portion of this bounty to taxpayers by aggressively cutting taxes. This year's budget includes more than $400 million dollars in ongoing property tax relief, in addition to the targeted tax cuts I've proposed.

But the Bible cautions us to use the surplus gained in years of plenty to prepare for years of want. The best way to prepare for the future is to invest in education today.

Last year, the State devoted $750 million to local school construction. That saves homeowners and car owners $750 million dollars they'd otherwise be paying in taxes to build new schools.

While improving public education in South Carolina may be our biggest challenge in the year ahead, it is not our only concern. Even in these great economic times, some South Carolinians have trouble making ends meet -- particularly our seniors. This was highlighted in a series of "Seniors Speak Out" forums held across South Carolina. I want to commend Representative Gilda Cobb-Hunter for proposing these forums, where some seniors say the State truly heard their concerns for the first time.

Just two weeks ago, I met a remarkable lady -- LaVonne Cain. Her story is enough to bring tears to your eyes. LaVonne recently had to sacrifice independence to ensure her health.

The rising cost of her prescription medicine put such a burden on LaVonne's budget, she was forced to give up her car. LaVonne said it made her feel like she'd lost part of her life.

LaVonne Cain is a symbol of all the seniors who have worked hard and paid taxes all their lives without asking much from government. LaVonne told me that senior citizens have much to offer. They've lived through the hardships of life and have lots of experience to be productive. Her simple question to me was, "Won't you please help us to help ourselves?"

LaVonne -- we're going to help.

I propose we implement a Seniors Drug Program in South Carolina. This program will provide relief, both financially and medically, to 125,000 seniors throughout South Carolina. We must explore other avenues for improving the lives of seniors as well. That includes tax credits for seniors purchasing long-term care insurance proposed by Senator Glenn McConnell and Representative Jimmy Bales. And I want $4.5 million devoted to home health care services so seniors can be with their families where they belong.

We've funded much of our seniors program through our Healthy South Carolina 2000 Trust. In fact, 60 percent of South Carolina's share in the tobacco settlement goes to these health priorities. But seniors aren't the only ones to benefit.

Healthy South Carolina 2000 will pay for early childhood health screenings to detect children with hearing problems or exposure to lead. And let's spend money from the tobacco settlement for youth smoking prevention. We've got to stop kids from starting to smoke and take the cigarettes out of the hands of kids who already do.

A short time ago, some publicly doubted that job and industry recruitment were a priority in this administration. They were wrong. Last week, I traveled around South Carolina to announce our first "Six Billion Dollar Year." This $6 billion in new investment came from international giants like Michelin and home-grown enterprises like the bio-tech firm Southern Sun.

We set records for rural investment, and for total investment in a single day. These are remarkable achievements. But in celebrating these important economic milestones, we shouldn't forget about areas of our State in economic need. That's why I propose using another 20 percent of the tobacco settlement for an Economic Development Trust. These funds will help pay for a variety of initiatives to aid our tobacco communities and underdeveloped areas of the State.

Another 20 percent of the tobacco settlement can help revitalize and diversify the economies of tobacco farming communities by reimbursing tobacco producers and quota holders for their production losses.

We've got to stand by our tobacco farmers in their time of need.

Our neighboring tobacco states are taking steps to stabilize their farming communities. It's time we did the same.

In addition to our farmers, there is another group of workers in our State who deserve economic incentives -- our hard-working state employees. I value our state employees. I've proposed a comprehensive approach to recognizing their service. My budget includes a 3 percent pay raise for employees earning less than $30,000 a year, 2 percent for those earning $30,000 and above. Also included are 28-year-retirement, a restructured health insurance plan and matching funds for the State 401K.

I mentioned earlier that South Carolina faced its share of devastating storms during the past year. We can be thankful that the majority of our residents along the coast were spared the worst of the destruction from Hurricane Floyd.

My heart goes out to the families in and around Horry County whose homes were flooded -- families like Beth and Billy Wayne Gore. When I saw the Gores in September they were salvaging the furniture in their home.

Senator Luke Rankin and Representative Billy Witherspoon joined me in helping the Gores haul their belongings out of the neighborhood in a john boat. The Gores are just now moving from temporary housing into a new home.

Hurricane Floyd taught us some valuable lessons. First, the communications network among traffic control agencies doesn't work. And our citizens can't get the latest information on evacuation routes and procedures. I propose we expand and link law enforcement radio systems so different agencies can share the latest information.

Let's update our public information systems. I propose we broadcast AM radio alerts and put up roadside message boards to keep drivers informed.

The second lesson learned -- in emergencies we need a streamlined chain of command. The Emergency Preparedness Division must be moved under my control. Next time, the evacuation of our coast will move swiftly, smoothly and safely.

I'm happy to say there's one storm we didn't have to weather and that's because it never came. Our preparation paid off and the Y2K bug was dead on arrival.

But changing technology is now a constant in life. And we have to change with it. We need the newest technology across state government if we're going to provide the efficient services citizens deserve. That's why I'm calling for a new chief technology officer to ensure that government is more accessible and responsive to its citizens. This new technology secretary will ensure that government bridges the information gulf that often frustrates cooperation between different parts of government. The office will coordinate public/private partnerships to enhance business development and take high-speed internet access statewide. We must ensure that South Carolina is wired and ready in the 21st Century.

Our citizens can testify that outmoded technology doesn't get the job done. Just ask anyone in line at the Division of Motor Vehicles. I know this first-hand. For a short time last year, I was the face behind the counter at the Division of Motor Vehicles. For several days, I worked at different DMV locations to get a feel for the service South Carolinians get. We need to do better at the DMV.

We've made a start. The DMV's Project Phoenix combines state-of-the-art computer technology with a customer-oriented approach to improve service. Let's continue to fund Project Phoenix so that by next year, South Carolinians will spend less time in line and more time enjoying the open road.

Let me turn to the issue of public safety. We're tough on crime in South Carolina. But when it comes to fighting the crime of domestic violence -- we've got to intensify our efforts. South Carolina ranks third in the nation for deaths of women at the hands of their abusers. While the overall homicide rate in South Carolina has decreased, domestic violence homicides have gone up. South Carolina needs a coordinated effort to put an end to this horrible crime. That's why I am creating a Task Force on Domestic Violence. This group will be charged with developing a plan to help prevent this crime, provide for the safety of victims and punish offenders with swift and sure justice.

As I mentioned earlier, we are keeping our promise to put South Carolina schools first. There is another promise worth keeping -- South Carolina must control its own environmental destiny at the Barnwell landfill. My bipartisan task force, chaired by former Congressman Butler Derrick, recommends a solution that meets South Carolina's environmental needs. The task force unanimously suggests that we join the Atlantic Compact. We can reduce the overall volume and total radioactivity of waste at the Barnwell disposal facility and free up space for the decommissioning of our own nuclear plants in the future. I urge this General Assembly to petition for membership in the Atlantic Compact -- South Carolina must no longer be the nation's nuclear dumping ground.

Finally, tonight, I believe that each of us must accept the challenge to open our hearts to reconciliation. There are some steps long overdue for our State that we must take now.

State government must finally recognize that the life and legacy of Dr. Martin Luther King, Jr. deserve recognition in the form of an official state holiday. All of our sister states recognize this day and so do numerous cities, counties and school districts right here in South Carolina. We must take this step now because it is simply the right thing to do.

There is a separate issue we also need to address. The Confederate flag that flies above this State House is hardening the hearts of some of our fellow South Carolinians. On both sides, voices have been raised, tempers have flared and many have been tempted to dig in their heels. Let me tell you what I believe. Sanctions or no sanctions, we must move ahead and find a resolution to this debate. Sanctions can no longer keep us from doing what's right.

The majority of South Carolinians understand that we have two sovereign flags that represent all of us -- the United States flag and the state flag with the Palmetto tree and crescent. In its current location on the State House dome, the Confederate flag claims an inappropriate position of sovereignty.

Let's resolve this issue. And let's resolve it now. We must move the flag from the dome to a place of historical significance on the State House grounds. The debate over the Confederate flag has claimed too much of our time and energy -- energy that can be put to better use building schools, improving health care and recruiting jobs.

A divisive debate over the Confederate flag can't build one school or buy one textbook -- but an honorable solution will teach our children a valuable lesson about resolving our differences in an atmosphere of mutual respect.

The entire nation is watching and listening to us. Most importantly, South Carolina's children are watching and listening to us. As we work to resolve this issue, let us be sure that the lesson we leave to the next generation is that we learn more by listening than by talking. Let us be sure our children learn that problems can be resolved only when we have mutual respect for people with opposing backgrounds and views.

Yes, let us reach agreement this year to move the flag. Let us do it in a way that will teach our children well the right and proper way to resolve differences.

Members of the General Assembly, tonight I have told you about the State of Our State as it currently stands -- on the brink of a bright future. I challenge you to join me in our progress toward a new South Carolina for this new century -- a South Carolina no longer troubled by long-running conflicts over the Confederate flag -- a South Carolina where the children of Clarendon and every county can begin the first grade healthy and ready to learn -- a South Carolina with enough highly qualified teachers to prepare our students for the rigors and rewards of higher education -- and a South Carolina where seniors like LaVonne Cain can grow old with dignity and independence.

Whatever experiences each of us brings here tonight, I believe our hopes and dreams for South Carolina look a lot alike.

We all want a new and better South Carolina. The people of South Carolina are looking to us to make that happen.

Now, let's get to work.

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

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Aiken County Delegation, the following appointments were confirmed in open session:

Reappointment, Aiken County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Joey Lee Addie, 14 Masonic Shopping Center, Graniteville, S.C. 29829

Reappointment, Aiken County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:

Carl S. Insley, Post Office Box 636, Langley, S.C. 29834

Having received a favorable report from the Cherokee County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Cherokee County Magistrate, with term to commence April 30, 1998, and to expire April 30, 2002:

John Mark Queen, 262 Dulin Road, Blacksburg, S.C. 29702 VICE Norris E. Camp (resigned)

Having received a favorable report from the Dorchester County Delegation, the following appointment was confirmed in open session:

Reappointment, Charleston Naval Facilities Redevelopment Authority, with term to commence April 24, 1999, and to expire April 24, 2003:

Dorchester County:

Ronnie M. Givens, 122 President Circle, Summerville, S.C. 29483

MOTION ADOPTED

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Merlyne Thornton Larsen of Irmo, S.C., beloved wife of Chuck Larsen.

ADJOURNMENT

At 7:55 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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