Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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Printed Page 3740 . . . . . Wednesday, March 23, 1994

HOUSE STANDS AT EASE

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

THE HOUSE RESUMES

At 11:59 A.M. the House resumed, the SPEAKER in the Chair.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

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

ADDRESS BY THE

SOUTH CAROLINA TEACHER OF THE YEAR

The Reading Clerk of the Senate read the following Concurrent Resolution:

H. 4933 -- Reps. Jaskwhich, Kelley, Stuart, Harrison, Haskins, McMahand, Mattos, Phillips, Farr, Vaughn, Allison, Clyborne, Cato, M.O. Alexander, Askins, Kennedy, Fair, Baker, Huff and D. Wilder: A CONCURRENT RESOLUTION INVITING MS. DODIE BURNS MAGILL OF GREENVILLE COUNTY, SOUTH CAROLINA'S TEACHER OF THE YEAR, TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY ON WEDNESDAY, MARCH 23, 1994, IN THE HALL OF THE HOUSE OF REPRESENTATIVES.

Ms. Dodie Burns Magill and distinguished party were escorted to the rostrum by Senators Setzler, Reese, Stilwell and Ford and Reps. JASKWHICH, McMAHAND, STUART and CATO.

Lt. Governor Theodore introduced Ms. Magill as follows:

"Today is a special day for the State of South Carolina and this Joint Session of the General Assembly... As you see on the screen, Happy 25th Birthday to Public Kindergarten. We celebrate the past and the future today. In looking back over 25 years of public kindergarten in South Carolina, we can see that more children are better prepared for first grade with the skills and of course, with adequate funding and kindergarten staff throughout our State. As many of you, I have long time been a supporter of the public kindergarten system from the time that I served on the Study Committee that first organized the pilot program for kindergarten in South Carolina. Today, we recognize an individual, the South Carolina Teacher


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of the Year, who has devoted so much of her teaching career to the kindergarten system of South Carolina. Dodie Magill is a kindergarten teacher at Pelham Road Elementary School where she has been teaching in Greenville for the past 20 years. During her tenure, as our teacher of the year, Dodie has plowed new grounds in education throughout South Carolina and in this nation of ours. She has been an advocate for improving early childhood education and has devoted so much of her time this year as Teacher of the Year to make the entire public of South Carolina and America aware of the extreme needs, the critical needs of kindergarten education. Goal 2000 says every teacher matters. Dodie Magill personifies that statement. Her activities as an outstanding professional in education today certainly indicate to all of us that she touches the future because she is teaching and she is our South Carolina Teacher of the Year, Dodie Magill."

Ms. Dodie Burns Magill, the South Carolina Teacher of the Year, addressed the Joint Assembly as follows:

"Thank you very much... Lt. Governor Theodore, Speaker Sheheen, honorable members of the General Assembly, ladies and gentlemen... I am a teacher like each of the other 42,000 teachers in South Carolina, I give children opportunities to touch, and taste and think and feel. I dry tears and put band-aids on scrapped knees. I motivate. I inspire. I direct. I nurture. I open doors of knowledge. I teach. The teachers of today confront all of the challenging complexities of our world in the students we teach. Hunger, poverty, addiction and abuse, dysfunctional families, violence and perhaps worst of all, indifference. We are struggling to adapt our teaching skills to meet these increasingly complicated needs. We must wear many, many hats. As a teacher, it is my job to keep my students on the right track. I am a motivator as well as a facilitator for their learning, as I know that every child can learn, although, I may need to light a fire under some of them. Often, being a teacher means exploring new ideas and trying new techniques as I strive to find the best method to reach each of my students. As a teacher, I must put out my feelers to be sensitive to the feelings of my students as I help them understand their own feelings and the feelings of others. A teacher is expected to understand whatever ails you and to keep a good sense of humor at all times, even when stuff comes down when you least expect it. As a teacher, I am in the business of building the future, although sometimes, I might feel like I deserve combat pay. I have found that being a teacher is definitely living life in the fast lane, but perhaps above all, I know as a teacher I must always be prepared, ready, willing and able


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to meet the challenges that teaching brings. Teachers today are expected to wear all of these hats. Sometimes we switch hats so quickly and so smoothly that we don't really realize that it has happened. And other times, we are juggling many hats at once as we try to fill all of the roles that are needed. And sometimes, we squeeze ourselves into a hat and even though it may not be just the right fit. Why are we so willing to assume all of these roles and wear all of these hats when we thought the role of a teacher was to teach? The answer to that question is a simple one. In this fast changing world, we have become the solution to the problems of society. Whether or not we want to be the solution is not a choice for us. The grim reality is that schools have been and probably always will be the institution which shapes the future of our country. Nowhere is this shaping more crucial than in the first years of schooling. Neuro-biological research overwhelmingly agrees that the learning and stimulation that the child receives from birth through the early years makes permanent changes in innate structures and functioning of the brain that are linked to intelligence. Research shows that 50 percent of a child's intelligence is determined by the age of 5. 80 percent of a child's intelligence is determined by the age of 8. If we are to produce the leaders of tomorrow, the scientists, the inventors, the critical thinkers, then we must focus our efforts on these early years. We must not wait until a child's pattern for school failure has been established before intervening. For those children, we will be too late. Many children are coming to school today and they face obstacles that you and I might find insurmountable. Some come to school with no breakfast or no one home to tell them to have a good day or to remind them to take their lunch. Others have hearing or speech or other physical handicaps. Some bear emotional scars that we can't see. Still others are trying to overcome circumstances that occurred even before they were born. 12 percent of all babies in South Carolina are born to unwed teens under the age of 18. For over half of these pregnant teens, it is their second pregnancy. 1 out of every 4 babies born in South Carolina has been prenatally exposed to drug or alcohol abuse during the last week before birth. 27 percent of all children in South Carolina who are less than six years of age live below the poverty level. 1 out of every 4 children do not get enough to eat. South Carolina ranks as the fifth worst state for hunger among families with children under 12. And 66.5 percent of South Carolina mothers with children under the age of 6 are in the labor force. The hope for the future of South Carolina lies in education. And the best chance for success in school depends on successful early school experiences. South Carolina took a giant step forward toward early school success in 1968, when the
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General Assembly created half-day kindergarten classes for five year-olds. During these early years, the kindergarten program began to grow. In 1972, South Carolina Governor John West emphasized his commitment to the kindergarten program when he announced, quote,`It is time the State stop looking at kindergarten as something to be added to the general education offerings. The state's first goal must be a statewide kindergarten program for five year olds.' In fact he emphasized his commitment to early childhood education by giving his $10,000 salary increase to the kindergarten program. In 1984, as a part of the Education Improvement Act, kindergarten became mandatory for five year olds. During this time, South Carolina introduced a child development program to reach a limited number of four year olds who were in greatest need of academic assistance. In 1993, Act 135 was passed, to place emphasis on early intervention rather than later remediation. Act 135 is the most significant legislation passed since the 1960's to assist the efforts of educational improvements in the early years. As we look back over the past 25 years, we realize that the role of teachers had changed drastically and so have the needs of our children and their families. Yet our schools have not kept up with those needs. We are trying to meet the needs of the 1990's with the educational framework of the 1960's. We have set an important goal for ourselves, both nationally and in our State of South Carolina. In fact, our first state and national education goal is by the year 2000, all children will enter school ready to learn. Many of us already realize that we have not come close to achieving this goal. At least, not if we try to meet the needs of today's child by using yesterday's standards. But, there is much we can do to reach this goal. Children who will enter our schools in the year 2000 will be born during this next school year. If we begin the steps now to have our schools ready by the time they enter, we can come closer to reaching this important goal. It is not too late, but we must act now. One major step we must take is at the five year old kindergarten year, the year that has the greatest impact on first grade readiness. We must restructure the present five year old program to enable our children to be successful. We must begin by allowing them time, time to think and explore and question and create. Time to learn without the hurry up rush of a half day program format. I hasten to add that in kindergarten a half day is not half of a day. Half day in kindergarten is two hours and 45 minutes. And as I have discovered from traveling throughout South Carolina this year, the instructional time is far less than two hours and 45 minutes in many kindergartens. To illustrate this point, I would like to share an experience with you which happened during one of my visits to the lower part of the State. I was in a very
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rural mostly poor socioeconomic area of the State presenting a workshop to kindergarten teachers. After the meeting, one of the teachers came up to me and said, `Dodie, I agree with what you said about making optimal use of every minute in kindergarten since we have our students for such a short time, but I have a problem, I have to stop my morning session at 10:00 and I can't even go on until 10:45 so that I can go down the hall to the lunch room to give them lunch because I know if I don't, they will have nothing to eat until they come back to me tomorrow. I can't put them on the bus knowing that.' Well, I can't put them on the bus knowing that either. And if the choice is between feeding their tummies and feeding their brains, then we all know which choice we would have to make. But, we shouldn't have to make that choice. Don't the five year olds in our State deserve the same quality and advantage afforded to our first through twelfth graders? I think so. Young children also need the support, guidance and individual attention of their teachers. With our present load of 30 students per session, the opportunities to have significant one on one interaction with children is minimal. The sad, but realistic truth is that many children leave our classroom each day without being spoken to individually or having a one on one conversation with their teacher. When we implemented the four year old program for our children, we made provisions for student teacher interaction by maintaining a small class size. The student teacher ratio in the four year old program is 20 to 1 and we have a built in parent education component that allows teachers time to make home visits and help parents become partners in the education process. The student teacher ratio in the four year old program is 20 to 1 and in first grade it is 22 to 1, but in five year old kindergarten it is 30 to 1. That does not make good sense. The National Association for the Education of Young Children recommends a class size of no more than 20 with a teacher and teacher assistant. Given the needs of our students and the present capabilities of our schools, are you surprised when I tell you that 27 percent of our children entering first grade test not ready for first grade. Few people today doubt the benefits of a developmentally appropriate full day kindergarten with a low student teacher ratio. Rather the major consideration we face is the issue of cost. In considering the implementation of full day kindergarten, we must ask, who will pay for the added cost for personnel, transportation, and building facilities? In a study conducted by the Illinois Department of Education, transportation costs are actually reduced in full day programs since bus schedules become consistent with the other full day school schedule. Initially, there will be cost increases as we allocate classroom space and teaching staff. However, over time we save money by reducing retention
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rates and special education placements. Research indicates that full day kindergarten programs produce substantial long term economic benefits. For every dollar spent in early childhood education, we save later $4.65 in remedial and special education efforts. Not only to full day kindergartners have a lower rate of retentioning grade, but also full day kindergarten children have consistently better academic and behavioral performance records. Prevention is more effective and ultimately less expensive than remediation. All of South Carolina's children deserve a quality education and that begins with positive early school experiences. Please join me as we take a look at the leaders and future leaders of South Carolina. Thank you. Today, we will celebrate public kindergarten's 25th birthday with a party at 1:00 here at the State House. As legislators, not only are you invited but also you should have received along with your invitation a copy of this book, My Kindergarten Story, which we hope you will enjoy reading. Local schools all over our State will also be celebrating kindergarten's birthday by hosting local celebrations and teachers would love for you to come and bring your story books to read to the children. Together, we can make a difference in education. Together, we will make a difference in the lives of all of our children. Thank you very much."

Upon the conclusion of her address, the Teacher of the Year and her escort party retired from the Chamber.

ADDRESS BY THE

NATIONAL COMMANDER OF THE AMERICAN LEGION

The Reading Clerk of the Senate read the following Concurrent Resolution:

H. 4438 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE BRUCE THIESEN, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 23, 1994.

The Honorable Bruce Thiesen and distinguished party were escorted to the rostrum by Senators Holland, Lander, Leventis and Patterson and Reps. PHILLIPS, WILLIAMS, CLYBORNE and ROGERS.


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Lt. Governor Theodore recognized Rep. SPEARMAN who presented Mr. Bill J. Sams, retired Director of the Department of Veterans Affairs, with a resolution and made the following remarks:

"Thank you Mr. President, colleagues and our honored guests today... It is a real honor for me to speak before you and to have with me my colleagues, Representative Pat Harris, Representative Carnell, and we are also happy to have the Distinguished Legislator of the Year of the American Legion in South Carolina, from the House, who was honored last night, Representative Joe Wilder and from the Senate, Senator J. Verne Smith, who was designated as the Senator Legislator of the Year by the American Legion. It is a real honor that Representative Carnell asked me to speak today. I am not a veteran, but I am one who respects and admires the service that the veterans of America have given to our country. We have 43 veterans in the House and as a private citizen, I thank you for the service that you have given our country. But, today I rise to honor a very special veteran, who served in the Korean and Vietnam Wars. For 15 years, he has worked for the Department of Veterans Affairs and since 1988, has been the Director. He recently retired and we are very happy for him in his retirement and we are very proud of the services that he gave the State of South Carolina. During his term as Director of the Department of Veterans Affairs, many improvements were made in the department and many additional benefits were requested by him and encouraged by him and I know last year I had the privilege of working with Bill Sams as our Joint Assembly's approved a tremendous increase in the educational benefits for children of veterans who were 100 percent disabled and those who were killed in action. South Carolina is very proud of the veterans benefits that we have and the reason that we do is because of the wonderful work that Bill Sams has done. We have a resolution that we would like to present to him. If I may, I am going to read the last resolved clause, `Whereas the members of the General Assembly by this resolution would like to publicly recognize and thank this great American and South Carolinian for all he has done for the veterans of this State upon the occasion of his retirement as Director of the Department of Veterans Affairs. Be it resolved, that the members of the General Assembly hereby commend Bill J. Sams, Director of the South Carolina Department of Veterans Affairs for his outstanding service to the State and its veterans upon the occasion of his retirement from this position during the legislative interim.' Bill, we thank you, we congratulate you on your retirement and thank you for the veterans of South Carolina for the benefits that you have helped them receive and also for their children and dependents who will follow. Thank you and congratulations."


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Lt. Governor Theodore introduced the National Commander as follows:

"Prior to introducing our distinguished National Commander, it would be appropriate at this time to recognize several individuals in our audience, the National President of the American Legion Auxiliary, Mrs. Helen Holcomb of Odessa, Texas, the State Commander of the American Legion, John Patterson, the Department President of South Carolina's American Legion Auxiliary, Mrs. Mary Murray of Columbia. I could not allow any Joint Session for the American Legion to expire without recognizing E. Roy Stone, who represents the American Legion in Vocational Rehabilitation so very strongly. A group seated in the balcony to whom we all feel very close and related to, individuals who have suffered the supreme sacrifice through their families, the Gold Star Mothers of South Carolina. Please stand and let us recognize you at this time. Thank you. Some of you have already been introduced to our National Commander by the raisin boxes on your desk. Of course, he hails from the state of California where he brought up raisins and I assume at one time they might have grapes, but anyway we are delighted to have our National Commander visit South Carolina and as you know, this is an annual event, one of the few traditions that we recognize each year in a Joint Session in respect to the American Legion and our National Commander. Bruce Thiesen, as I said earlier is a native of California and has three children. His service for our great country was in the infantry. He was first elected Post Commander in California at the local level at Kingsburg Post 191 and later he became the 14th District Commander in California. He was the first Vietnam era veteran to be elected to California State Commander. His national service of course, extends in many areas and to name a few, he was the National Executive for two years, Chairman of so many committees and commissions at the national level which perpetuated his particular ascensions into the National Commander of this great organization. He was elected National Commander in Pittsburgh, Pennsylvania, September, 1993. It is an extreme pleasure for me once again to introduce to you our National Commander of the American Legion, Mr. Bruce Thiesen."

Mr. Bruce Thiesen, the National Commander of the American Legion, addressed the Joint Assembly as follows:

"Thank you Lt. Governor Theodore... As he stated, I hope you enjoyed those raisins and it left an impression that sometime in the future when you hear the name Bruce Thiesen, you will remember the raisins. It is one of the products of Fresno County, California and most raisins are packed within a 25 mile radius of Kingsburg. Mr. Speaker Sheheen,


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distinguished members of the South Carolina legislature and ladies and gentlemen... Please accept my thanks for your kind invitation to speak to you today. The American Legion is very grateful that this body extends its gracious hospitality each year to us who have the honor to serve as National Commander. First off, permit me to introduce some members of the American Legion Family who have come with me and to recognize some members of your family. Please greet the leader of the world's largest and patriotic veterans organization, and the women who service us well, the President of the one million member American Legion Auxiliary, Mrs. Helen Holcomb of Odessa, Texas. She is from Odessa and it is flat out there. There are no trees there, but we are working on that. Let us recognize her once again. Also, please recognize again those mentioned earlier, the President of the Legion Auxiliary of South Carolina, Mrs. Mary Murray of Columbia and Pat Patterson. And speaking of patriotic women's organizations, I must not fail to recognize one of the foremost such groups who are represented here today. We have with us a delegation from the American Gold Star Mothers. Each of these dedicated and most patriotic women lost a son or daughter during military service, and yet continues to serve her country despite that great loss. Ladies, we are honored by your presence. Thank you once again. Allow me also the privilege of recognizing a distinguished member of your body, who is also a very active and rising member of the American Legion Auxiliary, your fellow State Representative, Molly Spearman of Saluda. It is good to see you and be a part of this. There is not a single member of the American Legion who does not know the next person I will introduce and I doubt there is a soul in the Chamber who does not recognize South Carolina's own, Mr. Legionnaire, our distinguished Past National Commander, Mr. E. Roy Stone. He is not only a true friend of veterans everywhere, but a man who is dedicated to his fellow citizens and his beloved State. Accompanying me in the official Legion party today are a few other South Carolinians and you probably know most of them. Let me recognize, Robert E. `Jack' David of Camden, a past National Vice Commander of the Legion, whom you know as your State Director of Unemployment Commission. You may remember earlier that I used the term, the American Legion family. That's exactly what we are. A great big, united family, about 4.1 million members strong. We now number over 3.1 in the American Legion, almost 1 million in the American Legion Auxiliary, and nearly 160,000 in the Sons of the American Legion. And about 25,000 of those Legionnaires live right here in the state of South Carolina. They belong to more than 200 posts in cities and towns all over the State. These Legionnaires are among the nearly 382,000 living
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veterans who have honorably represented South Carolina in the service of their country and whose service you acknowledge and respect by the many fine benefits and facilities you provide to them. In particular, I congratulate your foresight in developing facilities such as the Federal-State nursing homes to care for the aging veteran. It is an important veterans issue which not only faces South Carolina, but all states. I would also commend you for your appointment of `Stoney' Wages as your new State Director of Veterans Affairs. I am sure he will continue the fine work and example set by Bill Sams for so many years. Bill deserves a great big thank you from us veterans and from every citizen of South Carolina. Some of you distinguished legislators may not be aware of the fact that the American Legion is in the midst of celebrating its Diamond Jubilee Year. Yes, this great organization was founded 75 years ago in Paris, France by the brave veterans who had just fought the war to end all wars. Those doughboys who had already returned home, met in St. Louis several weeks later, and the American Legion was officially born. The new veterans who attended those two meetings were concerned about the future. What would happen to them when they got home? Would they be able to get jobs? Who would care for those who were wounded, or gassed? Who would take care of the widows and children of their buddies who would never return home? And what would happen to the country they had just fought and died for? Those concerns caused by the Founders to develop a set of principles by which this new veterans organization would be guided. After considerable debate, a small committee was appointed to draft a preamble, which would guide those who would write a constitution for this new American Legion. That Preamble, which is repeated by all who attend official Legion meetings to this day, has been changed only once. That was to make the word war plural, to reflect our involvement in the great wars, following the second World War. That is a testament to the judgement, inspiration and vision of the men who composed it. They spoke of lofty ideals and principles, not just for veterans but of the rights of all citizens, and the bedrock values upon which this nation was founded, and upon which it would and must survive. They pledged to uphold and defend the Constitution of the United States of America, to maintain law and order, to foster and perpetuate a one hundred percent Americanism, to inculcate a sense of individual obligation to the community, state and nation, to make right the master of might and to safeguard and transmit to posterity the principles of justice, freedom and democracy. So my friends, for the past 75 years, millions of Legionnaires, the Auxiliary, and the Sons of the American Legion, have lived by that creed. I would venture to say that


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