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

Tuesday, March 7, 2000

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Beloved, hear words from St. Paul to the Romans, Chapter 5 (vv. 3-4):

"We glory in tribulations also;

Knowing that tribulation worketh patience;

And patience, experience; and experience, hope."
Let us pray.

Our Father, we understand that the life of faith is lived between the outgoing tide of tribulation and the incoming tide of hope; and between the two we need a double portion of patience and experience.

Grant, O Lord, to all who bear responsibility for decisions in our beloved Senate, a full measure of stamina, patience and charity toward each other as we move toward a coming consensus that will be like a newborn baby -- a blessing to the State in which we live, through Your mercy.
Amen.

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

Doctor of the Day

Senator LEATHERMAN introduced Dr. Edward C. O'Bryan of Florence, S.C., Doctor of the Day.

Expression of Personal Interest

Senator FORD rose for an Expression of Personal Interest.

CO-SPONSOR ADDED

S. 1195 (Word version) -- Senator Land: A BILL TO AMEND SECTION 2-66-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JEAN LANEY HARRIS FOLK HERITAGE AWARD, SO AS TO REMOVE THE PROHIBTION AGAINST THE USE OF STATE FUNDS FOR EXPENSES INCURRED OR ASSOCIATED WITH PRESENTING THE AWARD.

On motion of Senator LAND, with unanimous consent, the name of Senator HAYES was added as a co-sponsor of S. 1195.

RECALLED

H. 3992 (Word version) -- Reps. Hamilton, Cato, Easterday, Leach, Loftis, McMahand, Rice, Tripp, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 253 FROM ITS INTERSECTION WITH REID SCHOOL ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 290 IN GREENVILLE COUNTY IN HONOR OF REVEREND JAMES H. THOMPSON, AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.

Senator LAND asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

The Concurrent Resolution was ordered placed on the Calendar.

RECALLED

S. 1212 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 56-3-2332, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF THE STANDARD LICENSE PLATE TO A VEHICLE MANUFACTURER FOR VEHICLES USED IN EMPLOYEE BENEFIT PROGRAMS, TESTING, OR PROMOTIONAL PURPOSES, SO AS TO INCREASE THE ANNUAL REGISTRATION FEE FROM SIX HUNDRED NINETY-SEVEN DOLLARS AND FORTY-SIX CENTS TO EIGHT HUNDRED EIGHTY DOLLARS.

Senator LAND asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

The Bill was ordered placed on the Calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1214 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT BY ADDING CHAPTER 34, SO AS TO REQUIRE ALL STATE AGENCIES CHARGED WITH THE REGULATION OF BUILDINGS OR OTHER STRUCTURES BY ENFORCING A NATIONALLY RECOGNIZED CODE TO ADOPT THE LATEST EDITION OF THE APPLICABLE CODE, TO PROVIDE PROCEDURES FOR THE ADOPTION OF SUCH CODES AND APPENDICES, AND TO PROHIBIT AN AGENCY FROM ENFORCING A NATIONAL CODE TO THE EXTENT IT IS INCONSISTENT WITH STATE LAW.
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Read the first time and referred to the Committee on Judiciary.

S. 1215 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-25-60, SO AS TO PROVIDE THAT ACTIONS BE PLACED ON THE DOCKET OF THE COURT OF COMMON PLEAS WITHIN ONE HUNDRED EIGHTY DAYS OF THE FILING OF THE INITIAL COMPLAINT.
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Read the first time and referred to the Committee on Judiciary.

S. 1216 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION SALUTING MS. LESLEY FONDREN OF NORTH MYRTLE BEACH ON BEING NAMED ONE OF SOUTH CAROLINA'S TOP STUDENT VOLUNTEERS IN THE FIFTH ANNUAL "PRUDENTIAL SPIRIT OF COMMUNITY AWARDS" PROGRAM.
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Senator ELLIOTT spoke on the Resolution.

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

S. 1217 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE LIBRARY, RELATING TO USE OF STATE AID FUNDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2475, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1218 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO TASTING OF ALCOHOLIC BEVERAGES BY STUDENTS UNDER TWENTY-ONE YEARS OF AGE IN CULINARY ARTS COURSE IN AN ACCREDITED COLLEGE OR UNIVERSITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2428, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1219 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2424, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1220 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2452, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1221 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE OPERATION OF PUBLIC PUPIL TRANSPORTATION SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2481, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1222 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-86 SO AS TO PROVIDE THAT SPEECH LANGUAGE PATHOLOGISTS CERTIFIED BY THE AMERICAN SPEECH-LANGUAGE HEARING ASSOCIATION (ASHA) SHALL HAVE A RECERTIFICATION CYCLE CONSISTENT WITH THE RECERTIFICATION CYCLE FOR ASHA CERTIFICATION, AND THAT SPEECH-LANGUAGE PATHOLOGISTS MOVING INTO THIS STATE SHALL BE EXEMPT FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, AND TO PROVIDE THAT SPEECH-LANGUAGE PATHOLOGISTS SHALL RECEIVE A SPECIFIED INCREASE IN PAY AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF ASHA CERTIFICATION.
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Read the first time and referred to the Committee on Education.

S. 1223 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION CONGRATULATING MS. BOBBIE SONEFELD OF HOPKINS, RICHLAND COUNTY, ON WINNING ONE MILLION DOLLARS FOR HER CREAM CHEESE BROWNIE PIE IN THE FIFTIETH ANNIVERSARY PILLSBURY BAKE-OFF CONTEST.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 4378 (Word version) -- Reps. Bailey and Littlejohn: A BILL TO AMEND TITLE 10, CHAPTER 5, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSTRUCTION AND RENOVATION OF PUBLIC BUILDINGS AND OTHER PROJECTS, SO AS TO STATUTORILY ADOPT THE AMERICAN NATIONAL STANDARDS INSTITUTE CODE AND TO CHANGE TERMINOLOGY TO CONFORM TO THIS CODE; TO PROVIDE THAT ONE MEMBER OF THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN MUST BE A BUILDING OFFICIAL AND TO MAKE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AN EX OFFICIO MEMBER; TO PROVIDE THAT THE BOARD IS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO CLARIFY PROCEDURES FOR THE REVIEW AND APPROVAL OF BUILDING PLANS SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES; AND TO DELETE PROVISIONS PERTAINING TO BUILDING CODE EXCEPTIONS, ENFORCEMENT, AND CRIMINAL PENALTIES SO AS TO CONFORM TO OTHER STATUTORY PROVISIONS PERTAINING TO BUILDING CODES.

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

H. 4450 (Word version) -- Reps. Harrison, Cato, Wilkins, Sharpe, Jennings, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, Carnell, Cooper, Dantzler, Davenport, Easterday, Edge, Gamble, Harrell, Harris, Harvin, Haskins, Hawkins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford, Leach, Lee, Limehouse, Littlejohn, Loftis, Lourie, Mack, Maddox, Martin, McCraw, McGee, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Ott, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, D. Smith, J. Smith, R. Smith, Taylor, Townsend, Tripp, Trotter, Walker, Wilder, Wilkes, Witherspoon, Woodrum, Young-Brickell, Vaughn, Law, Stuart, Emory and Whatley: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 56-15-45 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 56-15-46 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 56-15-60, RELATING TO DEALERS' CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 56-15-140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.

Objection

Senator MOORE asked unanimous consent to make a motion that the Bill be placed on the Calendar without reference.

Senator FORD objected.

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

H. 4578 (Word version) -- Reps. Wilkins, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, 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 REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTHERN CONNECTOR OF INTERSTATE 85 IN GREENVILLE COUNTY THE "BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR" AND ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

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

H. 4697 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, MEETINGS, LICENSING PROVISIONS, CONTINUING EDUCATION, FEES, STANDARDS OF PRACTICE, CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2377, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4698 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO EFFECT OF DISCIPLINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2465, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4699 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF OCCUPATIONAL THERAPY, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, BOARD MEETINGS, LICENSURE, CONTINUING EDUCATION, FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2378, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4700 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PHARMACY, RELATING TO THE REPEAL OF REGULATIONS 99-1 THROUGH 99-42; TO AMEND REGULATION 99-15 TO REQUIRE PHARMACISTS TO DISPLAY ANNUAL RENEWAL CERTIFICATES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2468, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4701 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO THE REQUIREMENTS FOR PERMANENT LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4702 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2437, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4716 (Word version) -- Reps. Altman, Campsen, Harrell and Limehouse: A BILL TO REQUIRE THE CHARLESTON COUNTY SCHOOL BOARD TO PROVIDE SUITABLE SPACE FOR VOTING PURPOSES, AT NO CHARGE, WHEN REQUESTED BY THE COUNTY OR STATE CHAIRMAN OF A CERTIFIED POLITICAL PARTY.

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

H. 4722 (Word version) -- Reps. Webb, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, 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, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO HEAD FOOTBALL COACH TOMMY BOWDEN OF CLEMSON UNIVERSITY, ON THE OCCASION OF BEING NAMED THE 1999 ACC COACH OF THE YEAR.

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

H. 4733 (Word version) -- Reps. Govan, Breeland, Scott, Ott, Cobb-Hunter, Stuart, Sharpe, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, 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, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF WALTER L. SALTERS, PH.D., OF ORANGEBURG COUNTY AND EXTENDING DEEPEST SYMPATHY TO HIS WIDOW, GRACE HEYWARD SALTERS, PH.D., DAUGHTER, OTHER FAMILY MEMBERS, AND MANY FRIENDS.

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

REPORTS OF STANDING COMMITTEES
Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the MANUFACTURED HOUSING INSTITUTE OF SC to attend a reception at the Columbia Museum of Art on Tuesday, March 14, 2000, from 6:00 until 7:00 P.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC ASSOCIATION OF CONSERVATION DISTRICTS to attend a reception at Seawell's Restaurant on Tuesday, March 14, 2000, from 7:00 until 8:30 P.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC ASSOCIATION OF REALTORS to attend a luncheon at the Adam's Mark Hotel on Wednesday, March 15, 2000, upon adjournment and lasting until 2:30 P.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC CHAPTER OF THE NATIONAL ASSOCIATION OF SOCIAL WORKERS to attend a reception at the Sheraton Hotel on Wednesday, March 15, 2000, from 7:00 until 9:00 P.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC BEER ASSOCIATION to attend a reception at the SC Beer Association office, 1114 College Street on Tuesday, March 21, 2000, from 6:00 until 7:00 P.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the CLARION TOWN HOUSE HOTEL to attend an oyster roast and Frogmore stew at the Clarion Town House on Wednesday, March 21, 2000, from 7:00 until 10:00 P.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from the SC SCHOOL BOARDS ASSOCIATION, SC CHAMBER OF COMMERCE and OFFICE OF THE GOVERNOR to attend a banquet at the Sheraton Hotel on Wednesday, March 22, 2000, from 7:30 until 9:00 P.M.

Poll of the Invitations Committee
Ayes 10; Nays 0; Not Voting 0

AYES

Courson                   Wilson                    Matthews
Patterson                 Russell                   O'Dell
Passailaigue              McGill                    Washington
Reese

TOTAL--10

NAYS

TOTAL--0

NOT VOTING

TOTAL--0

Senator SETZLER from the Committee on Education submitted a favorable report on:

S. 1083 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 59-118-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ACADEMIC INCENTIVE ACT OF 1997, SO AS TO INCLUDE A REGIONAL CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA AS A "QUALIFYING COLLEGE OR UNIVERSITY".

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

S. 1111 (Word version) -- Senators Setzler, Hayes, Martin, Bryan, Anderson, Land, Washington, Short, Reese, Patterson, Matthews, Glover, Courson, Mescher, O'Dell and Rankin: A BILL TO AMEND SECTION 59-1-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LENGTH OF THE SCHOOL TERM, SO AS TO ADD THREE DAYS FOR THE NEXT TWO SCHOOL YEARS AND TWO MORE DAYS FOR ALL SCHOOL YEARS THEREAFTER AND TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL DAYS SHALL BE USED; TO ADD SECTION 59-5-75 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL REVIEW AND MAKE NECESSARY REVISIONS TO CRITERIA FOR REQUESTING OUT-OF-FIELD TEACHER PERMITS; TO PROVIDE THAT THE BOARD SHALL CONSIDER ESTABLISHING FOR PRINCIPALS A RECERTIFICATION REQUIREMENT THAT THEY COMPLETE TRAINING ON WAYS TO SUPPORT TEACHERS PROFESSIONALLY; TO ADD SECTION 59-5-85 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION SHALL REVIEW AND REFINE CERTAIN PROFESSIONAL PERFORMANCE DIMENSIONS IN THE STATE'S TEACHER EVALUATION PROGRAM, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL IMPLEMENT A PILOT PROGRAM TO DEVELOP PROCEDURES FOR INCLUDING STUDENT ACHIEVEMENT AS A COMPONENT OF THE TEACHER EVALUATION PROGRAM AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP GUIDELINES FOR THE TEACHER INDUCTION PROGRAM WHICH SHALL INCLUDE SUSTAINED LONG-TERM COACHING AND ASSISTANCE; TO ADD SECTION 59-5-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION SHALL APPOINT A PANEL TO REVIEW TEACHER EDUCATION ACCREDITATION REQUIREMENTS AND RECOMMEND ANY ADDITIONAL TRAINING STANDARDS FOR MIDDLE GRADE TEACHER PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL TAKE CERTAIN ACTIONS IN REGARD TO MIDDLE SCHOOL GRADES INCLUDING ESTABLISHING REQUIREMENTS FOR CERTIFICATION FOR TEACHING IN THE MIDDLE GRADES, GRANTING STATE CERTIFICATION TO OUT-OF-STATE TEACHERS POSSESSING MIDDLE GRADE CERTIFICATION, APPOINTING A PANEL TO RECOMMEND TRAINING STANDARDS FOR MIDDLE GRADES PREPARATION AND PROFESSIONAL DEVELOPMENT COURSES FOR MIDDLE GRADE PRINCIPALS, REVISING THE REQUIREMENTS OF THE DEFINED PROGRAM FOR THE MIDDLE GRADES INCLUDING REDUCING PUPIL-TEACHER RATIOS AND GUIDANCE COUNSELOR RATIOS; TO ADD SECTION 59-5-105 SO AS TO PROVIDE THAT THE STATE BOARD SHALL TAKE ACTIONS ESTABLISHING COMPETITIVE GRANTS FOR DISTRICTS TO DEVELOP PROGRAMS FOR STUDENTS BELOW GRADE LEVEL IN THE MIDDLE GRADES, AND ESTABLISHING CRITERIA FOR GRANTS FOR MIDDLE GRADE TEACHER NETWORKS TO ENABLE TEAMS OF INTERESTED TEACHERS TO INVESTIGATE AND IMPLEMENT EFFECTIVE TEACHING STRATEGIES; TO AMEND SECTION 59-5-135, AS AMENDED, RELATING TO THE GOVERNOR'S INSTITUTE OF READING UNDER THE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT A PURPOSE OF THE INSTITUTE SHALL ALSO BE TO IMPROVE THE READING ABILITIES OF STUDENTS IN THE MIDDLE GRADES, AND TO PROVIDE FOR THE AWARDING OF COMPETITIVE GRANTS TO SCHOOL DISTRICTS BY THE INSTITUTE DESIGNED TO IMPROVE READING IN THE MIDDLE GRADES; TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE DEPARTMENT OF EDUCATION IN DEVELOPING CRITERIA FOR THE NEW ACCREDITATION SYSTEM UNDER THE EDUCATION ACCOUNTABILITY ACT SHALL CONSIDER INCLUDING THE FUNCTIONING OF SCHOOL IMPROVEMENT COUNCILS AND THE PARTICIPATION OF OTHER SCHOOL GROUPS; TO ADD SECTION 59-25-45 SO AS TO PROVIDE THAT TEACHERS WORKING LESS THAN THIRTY HOURS A WEEK BUT MORE THAN FIFTEEN HOURS A WEEK SHALL QUALIFY FOR STATE HEALTH AND DENTAL INSURANCE, AND TO PROVIDE FOR THE MANNER IN WHICH THE COST THEREOF SHALL BE PAID; TO AMEND SECTION 59-26-20, AS AMENDED, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION IN REGARD TO CERTAIN MATTERS INCLUDING THE ADMINISTRATION OF THE LOAN PROGRAM DESIGNED TO DEVELOP QUALIFIED TEACHERS, SO AS TO PROVIDE THAT AREAS OF CRITICAL NEED SHALL ALSO INCLUDE CRITICAL GEOGRAPHICAL AREAS AND TO PROVIDE BEGINNING JULY 1, 2000, FOR THE MANNER IN WHICH LOANS MAY BE FORGIVEN FOR TEACHERS INCLUDING TEACHERS SERVING IN CRITICAL NEED AND GEOGRAPHICAL NEED AREAS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS) SHALL BE EXEMPTED FROM CERTAIN STATE CERTIFICATION REQUIREMENTS, SHALL RECEIVE A SPECIFIED INCREASE IN PAY, AND MAY BE REIMBURSED ON A LOAN AND FORGIVENESS BASIS FOR THE COST OF SUCH CERTIFICATION; TO ADD SECTION 59-26-90 SO AS TO PROVIDE FOR AN HONORARIUM OF NO LESS THAN TWENTY-FIVE THOUSAND DOLLARS FOR THE STATE TEACHER OF THE YEAR, AN HONORARIUM OF NO LESS THAN TEN THOUSAND DOLLARS FOR THE FOUR HONOR ROLL TEACHERS OF THE YEAR, AND AN HONORARIUM OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH LOCAL TEACHER OF THE YEAR; TO ADD SECTION 59-26-100 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A PROGRAM WHEREBY SCHOOLS AND SCHOOL DISTRICTS MAY BE AWARDED FUNDS TO DEVELOP INCENTIVES FOR THOSE TEACHERS WHO ARE TRAINED TO AND SERVE AS MENTORS TO NEW TEACHERS; TO ADD SECTION 59-139-90 SO AS TO PROVIDE THAT SCHOOL AND DISTRICT STRATEGIC PLANS MUST INCLUDE GOALS AND OBJECTIVES FOR PARENTAL INVOLVEMENT AND METHODS USED FOR DATA COLLECTION TO SUPPORT THE EVALUATION OF PARENTAL INVOLVEMENT EFFORTS, AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL STUDY THE TRAINING, RESPONSIBILITIES, AND FUNDING OF PARA-PROFESSIONALS TO BETTER ENABLE SCHOOLS AND DISTRICTS TO ORGANIZE TEACHER WORK DAYS TO REDUCE TEACHER NONINSTRUCTIONAL DUTIES.

Ordered for consideration tomorrow.

Senator THOMAS from the Committee on Corrections and Penology submitted a favorable with amendment report on:

S. 1160 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS TO INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE JANUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a favorable report on:

H. 4483 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE PRINCIPAL INDUCTION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2427, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4660 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.

Senator MOORE asked unanimous consent to take the Joint Resolution up for immediate consideration.

There was no objection.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1200 (Word version) -- Senator Washington: A BILL TO PROVIDE ANNUAL SALARIES FOR THE MEMBERS AND THE CHAIRMAN OF THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT, AND TO PROVIDE THAT THESE SALARIES MUST BE IN LIEU OF PER DIEM AND MILEAGE ALLOWANCES FOR MEETINGS OF THE BOARD.

COMMITTED

S. 1094 (Word version) -- Senators Drummond, Land and O'Dell: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 32 SO AS TO PROVIDE FOR THE ISSUANCE OF AND A TWENTY-DOLLAR FEE FOR TEMPORARY LICENSE PLATES AND REGISTRATION CARDS TO MANUFACTURERS OF TRAILERS AND SEMI-TRAILERS WHO IN TURN MAY ISSUE THEM FOR TRAILERS AND SEMI-TRAILERS BEING MOVED FROM THE MANUFACTURER'S PLACE OF BUSINESS TO A DEALER OR PURCHASER'S PLACE OF BUSINESS, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS ARTICLE.

Senator DRUMMOND asked unanimous consent to commit the Bill to the Committee on Transportation.

There was no objection.

Expression of Personal Interest

Senator JACKSON rose for an Expression of Personal Interest.

RECOMMITTED

S. 508 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 59-149-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIFE SCHOLARSHIPS, AND SECTION 12-6-3385, RELATING TO TUITION TAX CREDITS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PUBLIC OR INDEPENDENT INSTITUTION" AN INSTITUTION WHICH DISCRIMINATES ON THE BASIS OF RACE, COLOR, OR NATIONAL ORIGIN, AND TO DELETE PROVISIONS INCLUDING WITHIN THE DEFINITION OF "PUBLIC OR INDEPENDENT INSTITUTION" A PUBLIC OR INDEPENDENT BACHELOR'S LEVEL INSTITUTION CHARTERED BEFORE 1962 WHOSE MAJOR CAMPUS AND HEADQUARTERS ARE LOCATED WITHIN SOUTH CAROLINA.

Senator JACKSON asked unanimous consent to recommit the Bill to the Committee on Education.

There was no objection.

Committee to Escort

The PRESIDENT appointed Senators LEATHERMAN, MATTHEWS, GIESE and WASHINGTON to escort the Honorable David Satcher, M.D., United States Surgeon General and Assistant Secretary for Health, and his party to the rostrum of the House of Representatives for the Joint Assembly.

RECESS

At 12:25 P.M., the Senate receded from business for the purpose of attending the Joint Assembly.

JOINT ASSEMBLY
Address by the United States Surgeon General and
Assistant Secretary for Health

At 12:30 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 the following Concurrent Resolution adopted by both Houses:

S. 1149 (Word version) -- Senators Matthews, Patterson, Anderson, Glover and Washington: A CONCURRENT RESOLUTION INVITING THE UNITED STATES SURGEON GENERAL AND ASSISTANT SECRETARY FOR HEALTH, THE CHIEF HEALTH OFFICIAL FOR THE COUNTRY, THE HONORABLE DAVID SATCHER, M.D., PH.D., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON TUESDAY, MARCH 7, 2000.

The Honorable David Satcher, M.D., United States Surgeon General and Assistant Secretary for Health, the Chief Health Official for the Country, and members of his party were escorted to the rostrum by Senators LEATHERMAN, MATTHEWS, GIESE and WASHINGTON and Representatives J. Brown, Wilder, Askins and Howard.

The PRESIDENT of the Senate introduced the Honorable David Satcher, M.D., United States Surgeon General and Assistant Secretary for Health.

Dr. Satcher addressed the Joint Assembly.

"Thank you very much Lt. Governor Peeler for that very kind welcome. To all of you, it is a delight to be here in South Carolina and I am very honored to have been asked to speak to the General Assembly. I had a chance to be with Governor Hodges earlier this morning at J.P. Thomas Elementary School where I also had an opportunity to spend about an hour with students in grades three, four and five. It was quite a pleasant experience. I bring you greetings from Washington, especially from the Department of Health and Human Services. We have a very rich and productive relationship with the South Carolina State Health Department and I have admired over the years your work here, especially in the area of immunizations.

It is good to be here. I feel in a way as if I have roots in South Carolina. I was telling people earlier that, when I was a student at Morehouse College back in the sixties, the President was Dr. Benjamin E. Mayes, who grew up in Epworth, South Carolina. He talked about South Carolina so much until most of us Morehouse students felt like we had a bond.

It is good to be here and especially to be able to commend you on your willingness to cross into this new millennium with a commitment to children and the elderly and a commitment to eliminating disparities in health on the basis of race and ethnicity. These are our nation's most vulnerable populations.

The Public Health Service actually started a little over two hundred years ago with the commitment to the most vulnerable among us, which were at that time, merchant seamen. When they went out to do their jobs, they often became ill with infectious diseases like yellow fever and smallpox. So in 1798, the Marine Hospital Service was set up to meet their needs. Throughout our long history, we have maintained that commitment to responding to the needs of the most vulnerable among us, so the commitment to eliminate disparities in health is very special and consistent with the historical commitment of the Public Health Service, which I head.

I know also that this administration has made education a top priority and I commend you for that because education is vital to improving health. Educated people are generally healthier people. The two seem to go hand in hand and I was so impressed to see what was going on out at J.P. Thomas.

I want to congratulate you also for being awarded one of our special grants last year called, 'Safe Schools and Healthy Children'. Anderson School District Five was one of fifty-four districts that we funded throughout the country through our 'Safe Schools and Healthy Children' project. It is a special program where the Department of Health and Human Services, the Department of Education and the Department of Justice have come together across agency lines to put together a program and to fund communities that are willing to collaborate across lines of mental health, criminal justice, education and a faith-based community. Those are the communities that we have funded in these 'Safe Schools and Healthy Children' programs and we expect to learn a lot from the experience of these programs.

In this age of great progress in medical technology, as a nation we celebrate many, many accomplishments. But we have also witnessed a lot of breakthroughs in medicine in the last century. However, there is good news and bad news in terms of our health status. In the 1990's we continued to see a decline in heart disease, even continued to see a decline in disastrous motor vehicle crashes and for the first time a decline in teenage pregnancy in this country. But in areas like physical activity, obesity, diabetes, asthma in children... we did not see a decline; we saw an increase. So we go into this decade with 'Healthy People 2010'. This program as you know was announced first in February of 1998, during one of President Clinton's Saturday morning radio talk shows in which he discussed the commitment to eliminate disparities in health. My responsibility was leading it as the new Surgeon General at that time. We have been working very hard over the last two years and I want to share with you briefly where we are.

We decided to focus on six areas to begin with. They include infant mortality, breast and cervical cancer screening and management, cardiovascular disease, diabetes, the AIDS epidemic and immunizations. Let me share with you why we are concerned in these areas.

Nationally, an African-American baby born in this country today is twice as likely to die in the first year of life as a majority baby is. In South Carolina, up until 1996, a great deal of progress was made in infant mortality, as you know. But in 1997, the trend was reversed and the death rate for both African-American and white babies started to rise again. Approximately forty percent of pregnant women are not receiving early and continuing prenatal care. That is one of the areas that we are really targeting throughout the country. In terms of reducing infant mortality, we must improve access to prenatal care.

In the areas of cancer, it is interesting because although nationally white women have the highest risk of breast cancer of any group of women in this country, African-American women have the highest mortality rate. We don't fully understand that. We think it has a lot to do with access, but there is a lot of research going on to try to better understand that. African-American men are twice as likely to die from prostate cancer. There are other areas such as Asian-Americans who are three to five times as likely to die from liver cancer. In South Carolina, as is in the rest of the nation, breast cancer for women and prostate cancer for men show striking disparities between whites and African-Americans.

Also nationally, African-Americans suffer from heart disease at a rate twenty-five percent higher in males than white males, but in women the death rate from heart disease is forty percent higher. Those rates are about the same in South Carolina. African-Americans are about one and a half times more likely to die of heart disease than their white counterparts.

Diabetes is one of our most interesting challenges and I know many of you have personal or family experiences with diabetes. Nationally, American Indians have the highest risk of diabetes of any group in this country - three times the risk of the majority of the population. Hispanics have twice the risk, but interestingly enough, again, African-Americans suffer from diabetes at not the same rate as these two populations but African-Americans have the highest death rate from diabetes. In South Carolina, African-American men are two and one-half times as likely to die from diabetes and African-American women are four times as likely to die from diabetes as their white counterparts. We believe that what we are seeing here is the interaction between diabetes and hypertension. When those come together, they often cause renal disease, which becomes a major risk factor. So you see some of the areas that we are struggling with in terms of trying to understand and try to begin to close the gaps.

Even the AIDS epidemic, which started out in the early 1980's as primarily an epidemic of white gay men in this country, has in recent years changed. It has become increasingly an epidemic of people of color, of women and the young. We have done a very good job of educating the general public about this epidemic. We have made progress in some populations, we have a lot to do in others and that is what we are focusing on now. In South Carolina African-Americans account for sixty-five percent of AIDS cases although they represent only thirty percent of the population. Among African-Americans in South Carolina between the ages of twenty-five and forty-four today AIDS is the leading cause of death. Overall in South Carolina, AIDS is the fifth leading cause of death, whereas nationally it is the fourteenth leading cause of death.

In the area of immunizations, we made dramatic progress in the 1990's and South Carolina is really one of the outstanding models of progress in immunizations. Back in 1992 and 1993 when I was director of the CDC, South Carolina, like most of the other states in this country, had a very low immunization rate - just above fifty percent. You made a commitment to close that gap, you did outstanding work and today the immunization rates for children, at about the age of two, is about ninety percent. I don't know if you realize what that means - how many lives have been saved because children are not dying from influenza meningitis, for example. It is true for all children. This is an area because of progress in which you have also closed the gap and it shows what can be done. We have not done such a good job nationally or in South Carolina in terms of immunization for older adults. As you know, we recommend the flu vaccine for adults over sixty-five and we are going to change that to over fifty. We have a long way to go in all groups in terms of meeting that goal. So, while we recognize that eliminating disparities will not be easy, we do believe it is a realistic goal and that, if we work together, we can achieve it.

Why is it so important that we do this now? First, I think we do have an unusual window of opportunity at this time in our history. We have a rapidly aging population and we have a growing population that is becoming more diverse. I think both of these challenges and opportunities are things that we have to deal with. I want to make it very clear that the goal of eliminating disparities is not a zero sum gain. We don't believe that we have to take anything away from any group in order to improve the health status of another group. I think we have shown that with immunizations.

We believe that, when we target the needs of the most vulnerable among us, we improve the public health system and we improve the health of all people. We have done that with immunization, we have done that with breast cancer screening and I think we can do that across the board. It is not a zero sum gain; you don't lower the health status of one group in order to close the gap, you improve everybody's. But, obviously, those who are further behind move more rapidly.

Where are we today with this commitment? Several things have happened. In addition to what we are trying to do in Washington, several states and local governments have made commitments to eliminating disparities in health. In addition to that - it is not just a public program - grant makers in health, which represents two hundred foundations that fund health programs, have joined us and have funded programs throughout the country. We have now funded thirty-two communities throughout the country to develop models for eliminating disparities in health. Each of these communities will select one or two areas, like infant mortality or diabetes or heart disease.

There is one program funded in South Carolina that focuses on diabetes and I think that is quite appropriate. It is a major problem in South Carolina and we look forward to working with you in the area of diabetes and I believe we can make some huge progress.

Many people ask me, how are we going to do it, what are we actually going to do? I want to just share with you the strategy that I think is important and I think it is embodied in healthy people. Since 1980, we have been releasing plans for the health of the American people - plans not developed in Washington but developed with the states and local governments, in the private sector and in healthy communities in deciding what goals and objectives we will pursue and work toward them. We have made tremendous progress.

A month ago we announced 'Healthy People 2010' with two goals. The first goal is in response to the fact that America is an aging nation - the fastest growing group of people in this country are people over eighty years of age. So, in addition to working to increase the length of life, we are also focusing on improving the quality of life. So, we have added things like osteoporosis and arthritis, the management of chronic pain and the management of disabilities, something we have not had before as a part of healthy people - because we are concerned with not just the length of life, but the quality of life. We believe that older people should not have to suffer the last ten to twenty years of their lives. We believe there are ways to significantly enhance the quality of life for all the people of this country.

The second goal is the goal of eliminating disparities in health. We have incorporated that into 'Healthy People 2010'. The unfortunate thing, of course, is that over the last twenty years we have had a lot of trouble communicating healthy goals and objectives to the American people. This year we have four hundred sixty-seven objectives. It is pretty hard to communicate four hundred sixty-seven objectives to the American people. So, what we decided to do this year is to develop leading health indicators. They are like leading economic indicators. We want to be able to report to the American people on an annual basis how we are doing in terms of our health.

We have now selected ten areas which I want to share with you that we are going to follow. We have data sets to follow them called the ten leading health indicators. Five of these leading health indicators are lifestyles. They are things that people have to do in terms of their behavior. At the J.P. Thomas Elementary School this morning I talked with students about these lifestyle indicators. I really think it is important to focus on behavior. There are five.

The first one is tobacco use because tobacco today is the leading cause of death in this country. Four hundred thirty thousand people die every year from smoking. We really need to focus on what we can do to prevent our children from beginning to smoke in the first place and so we are committed to working with you in that arena. Children often become addicted to nicotine actually before they are old enough to legally purchase tobacco. So they really never have a chance to make a mature decision before they are old enough. We have a responsibility there. I think in all of our communities we have a responsibility to see that retailers do not sell cigarettes to children, but we also have the responsibility to see that children have the information and the motivation they need to say no to smoking, as well as to other drugs -heroin, cocaine, marijuana - and to the abuse of alcohol. As you know when the states entered into their agreement for the tobacco settlement, the Centers for Disease Control and Prevention studied the situation in terms of what it would take to develop programs not only to convince children not to smoke but also adults. Seventy percent of adults would like to quit, but only three percent are able to quit per year. We believe that a program ought to do both. We hope that every state will make the investment from the settlement funds necessary to really invest in our children's health.

Some of you remember when Jonas Salk developed the polio vaccine. You remember how parents felt about their children going to the swimming pool in the summer - worried about them getting polio. I am convinced that we have not had the opportunity like that since that time that we have today. If we can convince the three thousand children who smoke every day not to smoke, we will save more lives than we have saved with the polio vaccine. That is the challenge and the opportunity that we have.

The second leading health indicator is physical activity. In the 1990's, the American people became less physically active than before. Obesity rose to an all time high in both children and adults. In fact, obesity in children doubled in the 1990's in this country. When I was in training in medicine, we were told that you did not even think about Type II Diabetes, which we call adult onset, in anybody under forty years of age. Today we are seeing children as young as ten years of age with Type II Diabetes because of obesity in childhood. We really need to invest in physical activity in children. We need to convince them of developing a lifestyle of being physically active. We need to invest in physical education in the schools. I know that ninety percent of the states have cut back on their physical education programs. In fact, when we interviewed teenagers, only one in four will be taking a course in physical education in school. I believe that is penny-wise and pound-foolish. I really think it is time to revisit that, not just in our schools but in our communities and homes. Parents ought to be models of physical activity. As I told the man out at J.P. Thomas, even the oldest people in the country can benefit from physical activity. Our studies show that elderly people who are physically active are fifty percent less likely to suffer hip fractures than those who are not physically active. It is not just an individual responsibility, it is a community responsibility, to make sure that physical education is in the schools and to make sure that we invest in walking and biking trails. South Carolina is, of course, a beautiful state for physical activity.

Being overweight and obesity is the third leading health indicator and it includes both physical activity and nutrition. We are especially pushing five servings of fruits and vegetables per day in order to reduce the fat in the American diet and to increase the fiber. When you do that, you reduce the risk of diabetes, cancer and heart disease.

Finally, I mentioned substance abuse. When we think of substance abuse, especially among children, we think of marijuana, heroin, cocaine and we are, of course, working very hard in those areas. We don't think enough about alcohol, which is the leading drug of abuse among children and college students. It is a major risk factor for motor vehicle crashes, violence and sexual indiscretion. We really need to focus on the rising problem of alcohol in our children.

Finally, among the leading health indicators that are lifestyle oriented is responsible sexual behavior. I think there is a dual message here. Sex is great, sex is beautiful, but sex is also a responsibility. It is nothing to take for granted and it is nothing to play with. We need to talk to our children about the importance of being abstinent until they are involved in a committed relationship. We ought to make that the standard. I must say that more of our teenagers are listening. Our records show that fewer and fewer teenagers are becoming sexually active. We have fewer teenage pregnancies; we still have far too many, far too many cases of sexually transmitted diseases, but we are making progress. In addition to that, regardless of age, anybody who is sexually active has a responsibility to know how to protect himself, herself and others. It is a very serious responsibility in the age of not only sexually transmitted diseases, but in the age of AIDS. I hope that you will join us in really pushing these leading health indicators.

Those are the lifestyle ones; however, I want to close with the system's leading health indicators and start with access to healthcare. We have a tremendous health system in this country. We spend over 1.3 trillion dollars a year for health care - more than any other country, but yet we have over forty-four million people who are uninsured. We have many people who are underinsured. The issue of access to quality healthcare is a major challenge that we are facing today. One of the major opportunities we have is the child health insurance program - the CHIP program. Many states have worked hard over the years to get children covered either by Medicaid or by the special CHIP program. We want to encourage that because all of the information we have would say that children who have access to regular care do much better. In order to do that we are going to have to invest in getting more children interested in careers in health professions, not just medicine but all the health professions.

Mental health is another one of the leading health indicators. As you know, in December we came out with the first ever Surgeon General's report on mental health. One in five Americans suffers some form of mental illness every year in this country. What is unfortunate is that we know that with treatment eighty to ninety percent of them can be returned to productive lives and positive relationships and yet only one out of two people who suffer mental illness actually seek treatment. We need to get rid of the discrimination in access to mental health services. I want to assure you that it is one of the best investments we could make. In this country we are too often dumping our mentally ill on the streets of America. Sometimes they crowd out our jails and prisons - people who really need treatment for mental illness. In November when I was in Australia, they have found that it is a good investment to invest in access to mental health services.   Immunization is another one of the systems and I won't dwell on it because you are doing well in it - keep it up.

Injury and violence prevention is another indicator in the health systems. Again in South Carolina, as is throughout the nation, injuries are the leading cause of death among children, in fact, up until age 44. In addition to motor vehicle crashes, homicides and suicides are the leading causes of death. In the black population in South Carolina, among teenagers and young adults, homicide is a major problem. In the white population suicide is a major problem. They are both problems for both groups, but without question white children are more likely to commit suicide. We will be presenting a national strategy for suicide prevention by the end of this year. Even without focusing on what is happening in our schools and the killings that occurred last week, we do need to find a way to keep guns out of the hands of children. Seventy-five percent of suicides in South Carolina among teenagers are committed with guns. That means, unlike when you overdose, we don't get a second chance. I remember when many kids would come in with an overdose of pills and we would pump their stomachs, realize they were depressed and refer them to treatment. When kids pick up a gun and put it to their head, we don't get that chance.

Let me close - environmental quality is another one of our leading health indicators. There is a story I have been telling around the country. It is a story about a college basketball player who was outstanding. He was so good until when he graduated, he was drafted very early to go to the Chicago Bulls to play right along with Michael Jordan. He really worked hard. This guy was serious. He worked diligently and sure enough the day came when he was selected to start the game right along with Michael Jordan. He couldn't wait until the game that night. He played hard. That particular night Michael Jordan was at his best and scored sixty points. And the rookie scored one point. When the game was over, the press was anxious to interview both Michael Jordan and the rookie. They interviewed Michael and he was great. They all had one question for the rookie, 'How will you remember this night?' The rookie thought about it and said, 'I will remember this as the night Michael Jordan and I combined for sixty-one points.'

I want to remember this day when we had an opportunity to enter into a partnership to improve the health of the people of this country, to eliminate disparities in health in South Carolina and to improve the public health system for all people. With the right partnerships we can do it. That is why I am delighted to be here today and why I look forward to working with you. Thank you."

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

At 1:11 P.M., the Senate reconvened.

MOTION ADOPTED

On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Mary E. Willis of Graniteville, S.C.

ADJOURNMENT

At 1:12 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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