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, hear words from the Prophet Daniel (NIV) (10:18-19):
"Again the one who looked like man touched me and
gave me strength. `Do not be afraid, O man
highly esteemed.' He said. `Peace! Be strong now; be
strong!'"
Let us pray.
Our father's God... and our God, You have called us by our constituencies to serve our State in these halls and in these days of destiny.
As our Governor joins in deliberations, tonight, with the Legislative branch, move us all, O Lord into a creative census!
Keep us one in spirit, that the good will which moves us all may move forward every worthy proposal that shall come before us.
You are nearer to us than these our comrades who sit beside us.
You shape our ultimate destinies... inspite of any puny efforts we may put forth!
Lead us today to consider the matters that really count, remember the words of Daniel:
"The one who looked like man touched me
and gave me strength".
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Columbia, S.C., January 26, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 581, H. 3400 by a vote of 4 to 90:
(R581) H. 3400 -- Reps. Wilkins, Nettles, Burch, Cole, Keesley, M. Martin, Huff, Hayes and D. Martin: AN ACT RELATING TO THE RECLASSIFICATION OF FELONIES AND MISDEMEANORS. (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., January 26, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 562, H. 3408 by a vote of 50 to 54:
(R562) H. 3408 -- Rep. Kirsh: AN ACT TO AMEND CHAPTER 55, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CEMETERY ACT OF 1984, SO AS TO REVISE THE SOUTH CAROLINA CEMETERY BOARD AND ITS POWERS AND DUTIES AND THE REQUIREMENTS FOR FUNERAL VAULTS, CEMETERIES, AND LICENSES; AND TO TERMINATE THE PROGRAMS, FUNCTIONS, AND REGULATIONS OF THE SOUTH CAROLINA CEMETERY BOARD JUNE 30, 1996.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., January 26, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 619, H. 3941 by a vote of 0 to 83:
(R619) H. 3941 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 38-71-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBROGATION OF AN INSURER OF AN ACCIDENT AND HEALTH INSURANCE POLICY OR CONTRACT TO THE INSURED'S RIGHTS AGAINST THIRD PARTIES, SO AS TO PROVIDE THAT SELF-INSURERS HAVE THE SAME SUBROGATION RIGHTS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., January 26, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 609, H. 4200 by a vote of 0 to 98:
(R609) H. 4200 -- Rep. Altman: AN ACT TO AMEND SECTION 56-1-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF DRIVER'S LICENSE, SO AS TO PROVIDE THAT MULTIPLE PERIODS OF SUSPENSION RUN CONCURRENTLY AND TO PROVIDE THE PROCEDURE FOR LICENSE REINSTATEMENT; AND TO AMEND SECTION 56-1-745, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION, SO AS TO PROVIDE THAT IF CONVICTED OF AN OFFENSE MANDATING SUSPENSION OF LICENSE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE THEN THE SPECIAL RESTRICTED LICENSE IS REVOKED AND THE REMAINING TIME FOR SUSPENSION UNDER THIS SECTION IS IMPOSED.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., January 26, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 586, H. 4233 by a vote of 4 to 74:
(R586) H. 4233 -- Reps. McGinnis, Neilson and Baxley: AN ACT TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., January 26, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 599, H. 4561 by a vote of 7 to 47:
(R599) H. 4561 -- Reps. Jennings, J. Harris and K. Burch: AN ACT TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONES 5 AND 8; AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-3-318 SO AS TO PROVIDE FOR THE TEMPORARY TRANSFER OF CONSERVATION OFFICERS.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 299 -- Senator Peeler: A BILL TO AMEND SECTION 47-13-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF TESTS FOR EQUINE INFECTIOUS ANEMIA REQUIRED FOR THE PUBLIC ASSEMBLY OF HORSES, SO AS TO REVISE THE TIME PERIOD DURING WHICH CERTAIN TESTS MUST BE CONDUCTED, AND TO PROVIDE THAT THE COGGINS TEST FOR EQUINE INFECTIOUS ANEMIA, WHETHER ADMINISTERED WITHIN OR WITHOUT THIS STATE, IS REQUIRED TO BE ADMINISTERED ONLY ONCE A YEAR TO ANY HORSE OR ANIMAL REGARDLESS OF THE NUMBER OF TIMES THE ANIMAL IS SHOWN, SOLD, EXHIBITED, OR HOUSED IN A PUBLIC STABLE OR PLACE IN THIS STATE DURING THAT YEAR.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 300 -- Senator Leatherman: A BILL TO AMEND ACT 127 OF 1989, AS AMENDED, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, BY ADDING SECTION 3-A SO AS TO PROVIDE A BASIS FOR ESTABLISHING ELIGIBILITY FOR POOL COVERAGE UPON DEMONSTRATING GOOD CAUSE FOR NONPAYMENT OF PREMIUM FOR CANCELED INSURANCE, WITHOUT REGARD TO TIME LIMIT OR WAITING PERIOD OTHERWISE PROVIDED FOR IN THIS ACT.
Read the first time and referred to the Committee on Banking and Insurance.
S. 301 -- Senators McConnell and Thomas: A BILL TO AMEND SECTIONS 24-21-645 AND 24-21-650, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS OF PAROLE, SO AS TO PROVIDE THAT A PRISONER CONFINED FOR A VIOLENT CRIME MUST HAVE HIS CASE REVIEWED BY THE PAROLE BOARD EVERY FIVE YEARS INSTEAD OF EVERY TWO YEARS.
Read the first time and referred to the Committee on Corrections and Penology.
S. 302 -- Senators Peeler and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-5-15 SO AS TO REQUIRE THE STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING AND THE SCHOOL DISTRICTS OF THE STATE TO OBSERVE THE VETERANS DAY HOLIDAY AS PART OF THEIR HOLIDAY SCHEDULE.
Read the first time and referred to the Committee on Education.
S. 303 -- Senators Passailaigue and Giese: A JOINT RESOLUTION TO PROVIDE FOR THE MANNER IN WHICH A REFUND IS MADE PURSUANT TO A CLAIM RESULTING FROM THE DECISION OF THE UNITED STATES SUPREME COURT IN DAVIS V. MICHIGAN, AS THAT DECISION MAY APPLY TO THE INDIVIDUAL INCOME TAX LAWS OF THIS STATE.
Read the first time and referred to the Committee on Finance.
S. 304 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 206 OF 1989, RELATING TO APPROPRIATING MONIES FROM THE CAPITAL RESERVE FUND FOR 1988-89, SO AS TO CHANGE THE AUTHORIZATION FOR EDUCATIONAL TELEVISION.
Read the first time and on motion of Senator LEATHERMAN, with unanimous consent, ordered placed on the Calendar without reference.
S. 305 -- Senators Reese and Courtney: A JOINT RESOLUTION TO APPROPRIATE ONE HUNDRED THOUSAND NINE HUNDRED SEVENTY-EIGHT DOLLARS FROM THE GENERAL FUND OF THE STATE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO RESTORE FUNDING TO THE RAPE CRISIS CENTERS AROUND THE STATE TO THE LEVEL PROVIDED IN THE GENERAL APPROPRIATIONS ACT OF 1992.
Read the first time and referred to the Committee on Finance.
S. 306 -- Senator Leatherman: A BILL TO AMEND SECTION 12-37-2650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE TAX NOTICES, SO AS TO REQUIRE SUCH NOTICES TO INCLUDE A STATEMENT THAT A DAMAGED OR HIGH MILEAGE VEHICLE MAY BE ELIGIBLE FOR A LOWER ASSESSMENT.
Read the first time and referred to the Committee on Finance.
S. 307 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-175, SO AS TO PROVIDE THAT ANY PERSON UNDER THE AGE OF FOURTEEN OPERATING A MOTORBOAT MUST BE ACCOMPANIED BY ANOTHER PERSON AT LEAST EIGHTEEN YEARS OF AGE AND TO PROVIDE PENALTIES FOR VIOLATION.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 308 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-68 SO AS TO PROHIBIT A FAMILY RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN UNDER THIS ARTICLE TO RECEIVE AN INCREASE IN THIS ASSISTANCE DUE TO THE BIRTH OF ADDITIONAL CHILDREN INTO THE FAMILY.
Read the first time and referred to the General Committee.
S. 309 -- Senators Peeler and Hayes: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF STATE PARK FACILITIES FREE OF CHARGE BY AGED, BLIND, AND DISABLED PERSONS SO AS TO CHANGE FROM SIXTY-FIVE TO SIXTY-TWO THE AGE WHICH QUALIFIES PEOPLE FOR FREE USE OF STATE PARK FACILITIES, AND TO FURTHER PROVIDE FOR THE PROOF OF AGE REQUIRED TO BE PRESENTED.
Read the first time and referred to the General Committee.
S. 310 -- Senators Lander and Hayes: A BILL TO AMEND SECTION 20-7-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "CHILD", SO AS TO PROVIDE THAT THIS TERM MEANS A PERSON UNDER EIGHTEEN YEARS OF AGE WHEN THE CHILD IS INCORRIGIBLE, BEYOND THE CONTROL OF THE PARENT, OR A RUNAWAY.
Read the first time and referred to the Committee on Judiciary.
S. 311 -- Senators McConnell and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-27-45 SO AS TO PROVIDE FOR A STATUTE OF LIMITATIONS ON POST CONVICTION RELIEF APPLICATIONS AND TO PROVIDE FOR APPLICATIONS SEEKING RETROACTIVE APPLICATION OF JUDICIAL DECISIONS.
Read the first time and referred to the Committee on Judiciary.
S. 312 -- Senators McConnell and Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO PROVIDE FACTORS THE COURT MAY CONSIDER AS CONSTITUTING A SUBSTANTIAL CHANGE OF CIRCUMSTANCES FOR CHANGING CHILD CUSTODY.
Read the first time and referred to the Committee on Judiciary.
S. 313 -- Senator Rose: A BILL TO AMEND SECTION 44-23-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR HAVING SEXUAL INTERCOURSE WITH A PATIENT IN A STATE MENTAL HEALTH FACILITY, SO AS TO HAVE THE PENALTY APPLY IF THE PATIENT IS IN A STATE MENTAL RETARDATION FACILITY AND TO INCLUDE THE PENALTY FOR COMMITTING SODOMY ON SUCH PATIENTS.
Read the first time and referred to the Committee on Judiciary.
S. 314 -- Senator Rose: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO DEVOLVE ALL POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO COUNTY LEGISLATIVE DELEGATIONS WHICH AFFECT ONLY ONE COUNTY TO THE COUNTY GOVERNING BODY, EXCEPT THOSE POWERS RELATING TO STATEWIDE OR REGIONAL BOARDS, COMMISSIONS, OR OTHER ENTITIES THAT HAVE REPRESENTATIVES ON THE GOVERNING BOARD FROM MORE THAN ONE COUNTY.
Senator ROSE spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 315 -- Senator Rose: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-210, SO AS TO REQUIRE THAT THE VOTES CAST BY MEMBERS OF ANY COUNTY LEGISLATIVE DELEGATION WHICH RELATE ONLY TO ONE COUNTY MUST BE MADE PURSUANT TO A FORMULA WHICH TAKES INTO ACCOUNT THE RESPECTIVE POPULATION REPRESENTED BY EACH MEMBER OF THAT DELEGATION WITH REGARD TO ANY MATTER.
Senator ROSE spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 316 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE THAT NO CONSTRUCTION DESIGN PROFESSIONAL RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT, OR EMPLOYEE OF THE CONSTRUCTION DESIGN PROFESSIONAL, IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS FOR WHICH COMPENSATION IS RECOVERABLE UNDER THE WORKERS' COMPENSATION LAW, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE THAT THIS IMMUNITY DOES NOT APPLY TO THE NEGLIGENT PREPARATION OF DESIGN PLANS OR SPECIFICATIONS.
Read the first time and referred to the Committee on Judiciary.
S. 317 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO PROVIDE THAT ANY NONPROFIT PUBLIC HOSPITAL OR MEDICAL FACILITY OR ANY PRIVATE HOSPITAL OR MEDICAL FACILITY RECEIVING ANY STATE FUNDS OR ACCEPTING PATIENTS COVERED BY THE STATE HEALTH INSURANCE PLAN MUST CONTRACT OUT SERVICES IN THE MANNER REQUIRED BY THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, AND TO PROVIDE FOR CERTAIN DISCLOSURES IN REGARD TO ENTITIES THAT RECEIVE SOLE SOURCE CONTRACTS FROM THESE HOSPITALS OR MEDICAL FACILITIES.
Senator THOMAS spoke on the Bill.
Read the first time and referred to the Committee on Medical Affairs.
S. 318 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-75 SO AS TO PROVIDE THAT NO NONPROFIT PUBLIC HOSPITAL OR MEDICAL FACILITY OR PRIVATE HOSPITAL OR MEDICAL FACILITY RECEIVING ANY STATE FUNDS OR ACCEPTING PATIENTS COVERED BY THE STATE HEALTH INSURANCE PLAN MAY CHARGE A PATIENT MORE THAN TWICE THE ACTUAL COST OF ANY ITEM THAT IT USES OR DISPENSES ON BEHALF OF THE PATIENT, AND TO REQUIRE THE TOTAL BILL TO THE PATIENT TO BE FULLY ITEMIZED, INCLUDING ALL THE ADMINISTRATIVE COSTS ALLOCATED TO THE PATIENT AS A PART OF THE TOTAL BILL.
Read the first time and referred to the Committee on Medical Affairs.
S. 319 -- Senator Greg Smith: A BILL TO REPEAL A JOINT RESOLUTION OF 1992 BEARING ACT NUMBER 314, RELATING TO THE REQUIREMENT THAT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ALLOW THE INCLUSION OF RIVER GRAVEL IN PROJECTS APPROVED BY BID.
Read the first time and referred to the Committee on Transportation.
S. 320 -- Senators Giese, Passailaigue, Glover, Lander and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1920 SO AS TO PROVIDE THAT AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON MAY OBTAIN A SPECIAL LICENSE TAG FOR A VEHICLE DESIGNED TO TRANSPORT A HANDICAPPED OR DISABLED PERSON AND THAT THE AGENCY, ORGANIZATION, OR FACILITY DOES NOT NEED TO PROVIDE A CERTIFICATE FROM A LICENSED PHYSICIAN; AND TO AMEND SECTION 56-3-1960, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE ISSUANCE OF A PLACARD TO AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON.
Read the first time and referred to the Committee on Transportation.
S. 321 -- Senators Moore, Ryberg, Martin, Wilson, Leatherman, Setzler and Courson: A BILL TO AMEND CHAPTER 1 OF TITLE 57 AND ARTICLES 1, 3, 5, AND 7, CHAPTER 3 OF TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE ELECTION AND COMPOSITION OF THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, AND THE APPOINTMENT OF THE EXECUTIVE DIRECTOR AND OTHER DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT, BY ESTABLISHING AS AN ADMINISTRATIVE AGENCY OF STATE GOVERNMENT THE DEPARTMENT OF TRANSPORTATION WHICH IS COMPRISED OF A DIVISION OF HIGHWAYS AND ADMINISTRATION, A DIVISION OF AERONAUTICS, AND A DIVISION OF PUBLIC RAILWAYS AND TO PROVIDE FOR THE TRANSFER OF ALL FUNCTIONS, POWERS, AND DUTIES OF THE SOUTH CAROLINA AERONAUTICS COMMISSION AND THE PUBLIC RAILWAYS COMMISSION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR DEFINITIONS, BY PROVIDING FOR THE METHOD AND MANNER FOR APPOINTING AND CONFIRMING TRANSPORTATION COMMISSIONERS,INCLUDING THEIR TERM OF OFFICE AND THEIR COMPENSATION, BY PROVIDING FOR THE CREATION OF CERTAIN BUREAUS WITHIN THE DIVISION OF HIGHWAYS AND ADMINISTRATION AND THE APPOINTMENT OF BUREAU DIRECTORS TO SERVE AT THE PLEASURE OF THE SECRETARY, BY PROVIDING FOR THE CREATION OF ADMINISTRATIVE HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 3, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE FOR THE CREATION OF A STATE HIGHWAY BOND FUND AND A STATE HIGHWAY BOND FUND DEBT SERVICE ACCOUNT; TO ADD CHAPTER 6 TO TITLE 57 RECODIFYING CHAPTER 19 OF TITLE 58 RELATING TO PUBLIC RAILWAYS; TO AMEND SECTION 12-27-400, RELATING TO THE DISTRIBUTION AND USE OF "C" FUNDS SO AS TO PROVIDE THAT A COUNTY COUNCIL OF A COUNTY MUST APPROVE THE ROADS UPON WHICH ALL "C" FUND CONSTRUCTION MONIES ARE EXPENDED WITHIN THE COUNTY AND TO CHANGE THE FORMULA BY WHICH "C" FUND MONIES ARE APPORTIONED AMONG THE COUNTIES; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT; AND TO REPEAL ARTICLE 3, CHAPTER 3 OF TITLE 57, CHAPTER 19 OF TITLE 58, AND SECTIONS 55-5-30, 55-5-40, 12-27-1260, 12-27-1280, AND 12-27-1300.
Senator MOORE spoke on the Bill.
Read the first time and referred to the Committee on Transportation.
S. 322 -- Senators Giese, Patterson, Courson and Jackson: A BILL TO PROHIBIT A RICHLAND COUNTY RESIDENT FROM BEING TAXED OR CHARGED A FEE FOR WATER OR SEWERAGE SERVICE IF HE DOES NOT RECEIVE THE SERVICE AND PROVIDE FOR A REFUND PLUS INTEREST IF PAYMENT IS MADE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 323 -- Senators Moore, Wilson, Giese, Ryberg, Stilwell, Richter, Mescher and Waldrep: A BILL TO ABOLISH THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS REGULATORY POWERS, DUTIES, AND RESPONSIBILITIES TO THE SOUTH CAROLINA TAX COMMISSION AND ITS REGULATION AND LAW ENFORCEMENT AND INSPECTION RESPONSIBILITIES TO THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTIONS 61-1-10 AND 61-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO ABOLISH THE COMMISSION AND PROVIDE FOR THE APPOINTMENT OF AN ALCOHOLIC BEVERAGE CONTROL HEARING OFFICER WITHIN THE TAX COMMISSION TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR THE TERM, DUTIES, POWERS, AND QUALIFICATIONS OF THE OFFICER; TO AMEND SECTIONS 61-1-60, 61-1-65, 61-1-70, 61-1-80, 61-1-90, 61-1-95, AND SECTION 61-3-20, RELATING TO THE ENFORCEMENT OF REGULATIONS GOVERNING ALCOHOLIC BEVERAGES AND BEER AND WINE, PROHIBITIONS AS TO CERTAIN ACTIVITIES OR INTERESTS BY MEMBERS OR EMPLOYEES OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION; AUTHORIZATION TO THE COMMISSION TO ISSUE REGULATIONS, AUTHORITY OF THE COMMISSION TO IMPOSE PENALTIES, APPEALS FROM DECISIONS OF THE COMMISSION, CONDITION UNDER WHICH LICENSE ISSUED BY THE COMMISSION MUST BE SURRENDERED, TRANSFERABILITY, SUSPENSION, OR REVOCATION OF THESE LICENSES AND DEFINITIONS USED IN CHAPTER 3 OF TITLE 61 (THE ALCOHOLIC BEVERAGE CONTROL ACT), SO AS TO DELETE REFERENCES TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS DUTIES, POWERS, AND RESPONSIBILITIES TO THE TAX COMMISSION AND THE STATE LAW ENFORCEMENT DIVISION; PROVIDE THAT THE REGULATIONS PROMULGATED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION REMAIN IN FORCE UNTIL MODIFIED OR RESCINDED BY THE TAX COMMISSION; AND TO REPEAL SECTIONS 61-1-30, 61-1-40, 61-1-50, AND 61-3-60 RELATING TO PROHIBITED ACTIVITIES OF THE MEMBERS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, TRANSFER OF POWERS AND DUTIES FROM THE TAX COMMISSION TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, AND THE AUTHORITY OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO APPOINT AN ATTORNEY.
Senator MOORE spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
Senator MITCHELL from the Committee on Judiciary submitted a favorable with amendment report on:
S. 60 -- Senators Washington, Stilwell and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE THE EDUCATIONAL AND PROFESSIONAL EXPERIENCE, TO PROVIDE FOR FINGERPRINTING AND A FINGERPRINT SEARCH, AND TO REQUIRE AN AFFIDAVIT FILED WITH THE CLERK OF COURT.
Ordered for consideration tomorrow.
Senator MITCHELL from the Committee on Judiciary submitted a favorable with amendment report on:
S. 71 -- Senators McConnell, Leatherman and Rose: A BILL TO AMEND SECTION 11-35-4210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO RESOLVE A PROTEST CONCERNING THE SOLICITATION OR THE AWARD OF A CONTRACT SUBJECT TO THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT THE PROCUREMENT REVIEW PANEL MAY ASSESS REASONABLE COSTS AND ATTORNEY'S FEES AGAINST A PARTY OR A PARTY REPRESENTATIVE WHO SIGNS A PROTEST, MOTION, OR OTHER PAPER THAT IS SUBMITTED FOR AN IMPROPER PURPOSE.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 87 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 61-3-1000, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE SIGNS WHICH INDICATE WHETHER THE BUSINESS IS OPEN OR CLOSED.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Judiciary submitted a favorable report on:
S. 210 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 11 OF TITLE 10, SO AS TO PROVIDE FOR THE REGULATION OF ENTRY ONTO PUBLIC GROUNDS AND THE REGULATION OF A PERSON'S EXPRESSION OR SPEECH, INCLUDING RELIGIOUS EXPRESSION OR SPEECH, ON PUBLIC GROUNDS BY COUNTIES, MUNICIPALITIES, OR POLITICAL SUBDIVISIONS OF THE STATE.
Ordered for consideration tomorrow.
At 11:39 A.M., on motion of Senator STILWELL, the Senate receded from business not to exceed fifteen minutes.
At 11:45 A.M., the Senate resumed.
At 11:47 A.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 6:30 P.M.
There was no objection and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 3 -- Senator Williams: A BILL TO AMEND SECTION 14-7-200, AS AMENDED, AND SECTION 14-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PETIT JURORS THE JURY COMMISSIONERS ARE REQUIRED TO DRAW AND SUMMON, SO AS TO PROVIDE THAT THE JURY COMMISSIONERS SHALL DRAW AND SUMMON AT LEAST SEVENTY-FIVE JURORS BUT THAT THE CHIEF ADMINISTRATIVE JUDGE OR THE PRESIDING JUDGE OF THAT CIRCUIT MAY INCREASE OR DECREASE THE NUMBER OF JURORS DRAWN AND SUMMONED; HOWEVER, AT LEAST SEVENTY-FIVE JURORS MUST BE DRAWN AND SUMMONED.
S. 31 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF SIGNATURES REQUIRED ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT, SO AS TO REQUIRE AT LEAST FIFTY SIGNATURES OF QUALIFIED ELECTORS, OR FIVE PERCENT, WHICHEVER IS LESSER.
S. 38 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 29, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-300 THROUGH 59-29-340, TO ESTABLISH KIDS VOTE, A PROGRAM WHICH ALLOWS YOUNG SOUTH CAROLINIANS TO PARTICIPATE IN THE DEMOCRATIC PROCESS BY CASTING MOCK BALLOTS; AND TO AMEND SECTION 7-13-770 OF THE 1976 CODE, RELATING TO PERSONS ALLOWED WITHIN THE POLLING AREA GUARD RAIL SO AS TO ALLOW MINORS PARTICIPATING IN KIDS VOTE WITHIN THE GUARD RAIL AND ACCESS TO VOTING BOOTHS.
S. 263 -- Senators McConnell, Bryan, Giese and Short: A SENATE RESOLUTION TO AMEND RULE 36A OF THE RULES OF THE SENATE SO AS TO PROVIDE THAT CERTAIN FORMER MEMBERS OF THE SENATE AND HOUSE ARE AUTHORIZED ACCESS TO THE FLOOR OF THE SENATE INSIDE THE RAIL.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Senate Resolution.
Senator MOORE raised a Point of Order under Rule 38 that the Resolution had not been on the desks of the members at least one day prior to the second reading.
The PRESIDENT sustained the Point of Order.
S. 264 -- Rules Committee: A SENATE RESOLUTION TO AMEND THE RULES OF THE SENATE SO AS TO FURTHER PROVIDE FOR THE MOTION TO RECEDE AS USED IN RULE 2 AND RULE 14, TO FURTHER DEFINE A POINT OF PERSONAL INTEREST AS USED IN RULE 13, TO COMBINE AND CLARIFY CERTAIN LANGUAGE RELATING TO THE SCHEDULING OF COMMITTEE MEETINGS AS PROVIDED FOR IN RULES 19 AND 47 AND TO DELETE CERTAIN DUPLICATE PROVISIONS.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Senate Resolution.
Senator MOORE raised a Point of Order under Rule 38 that the Resolution had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 298 -- Senators Thomas and Mitchell: A BILL TO PROHIBIT A GREENVILLE COUNTY RESIDENT FROM BEING TAXED OR CHARGED A FEE FOR WATER OR SEWERAGE SERVICE IF HE DOES NOT RECEIVE THE SERVICE AND PROVIDE FOR A REFUND PLUS INTEREST IF PAYMENT IS MADE.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
S. 276 -- Senators Drummond, Setzler, J. Verne Smith, Stilwell, Moore, Giese, Washington, Leventis, Ryberg, Ford, Lander, Courson, Cork, Land, Hayes and Waldrep: A BILL TO AMEND ACT 501 OF 1992, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1992-93, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.
S. 174 -- Senator Rose: A SENATE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE SENATE, RELATING TO COMMITTEE REPORTS, SO AS TO REQUIRE THAT REPORTS INCLUDE A LIST OF COMMITTEE MEMBERS AND THEIR VOTES, PROVIDE THAT THE VOTE OF COMMITTEE MEMBERS IS A MATTER OF PUBLIC RECORD, REQUIRE THAT POLLS OF COMMITTEE MEMBERS MUST BE RECORDED AND PUBLISHED AS A MATTER OF PUBLIC RECORD, AND PROHIBIT THE POLLING OUT OF A BILL OR RESOLUTION UNLESS ALL COMMITTEE MEMBERS HAVE BEEN GIVEN AN OPPORTUNITY TO VOTE.
On motion of Senator LEATHERMAN, with unanimous consent, the Resolution was carried over.
S. 262 -- Senators McConnell, Stilwell, Bryan, Macaulay, Giese, Ryberg, Short and Greg Smith: A SENATE RESOLUTION TO AMEND THE RULES OF THE SENATE SO AS TO PROVIDE UNDER RULE 14 THAT A BILL MAY BE CARRIED OVER WITH THE SENATOR WHO IS HOLDING THE FLOOR BEING ABLE TO RETAIN THE FLOOR ON HIS OWN MOTION OR A MOTION MADE BY THE CHAIRMEN'S COMMITTEE AND TO PROVIDE A SPECIFIC VOTE REQUIREMENT IN EACH INSTANCE, TO PROVIDE UNDER RULE 38 FOR A SPECIFIC VOTE REQUIREMENT TO SUSPEND THE REQUIREMENT THAT RESOLUTIONS AND REPORTS OF COMMITTEES MUST LAY ON THE TABLE FOR ONE DAY AND TO AMEND RULE 53 BY ADDING A NEW SUBSECTION AUTHORIZING AMENDMENTS TO RULE 15 UNDER CERTAIN CIRCUMSTANCES.
The Senate proceeded to a consideration of the Resolution. The question being the adoption of the Senate Resolution, Senator McCONNELL spoke on the Resolution.
On motion of Senator SALEEBY, with unanimous consent, the Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
At 12:00 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 6:25 P.M.
The Senate reassembled at 6:26 P.M. and was called to order by the PRESIDENT.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 6:30 P.M. and the following Acts were ratified:
(R1) S. 17 -- Senators Wilson and Lander: AN ACT TO AMEND AN ACT OF 1992 BEARING RATIFICATION NUMBER 618, RELATING TO ELECTIONS FOR SCHOOL DISTRICT TRUSTEES IN LEXINGTON COUNTY, SO AS TO PROVIDE THAT ELECTIONS SCHEDULED FOR FEBRUARY, 1993, MUST BE HELD AS PROVIDED BY LAW AND THE TERMS OF MEMBERS THEN ELECTED END WHEN THEIR SUCCESSORS, ELECTED AT THE TIME OF THE 1994 GENERAL ELECTION, ASSUME OFFICE AND TO PROHIBIT CERTAIN PARTISAN POLITICAL ACTIVITIES WITH RESPECT TO SCHOOL TRUSTEE ELECTIONS IN LEXINGTON COUNTY.
(R2) S. 22 -- Senator Holland: AN ACT TO PROVIDE FOR THE TERMS AND MANNER IN WHICH THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT ARE ELECTED BEGINNING IN 1993, INCLUDING THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS; AND TO REPEAL ACTS 584 OF 1984 AND 257 OF 1987, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT.
The PRESIDENT appointed Senators DRUMMOND, PEELER, GLOVER and RANKIN to escort the Honorable Carroll A. Campbell, Jr., Governor of South Carolina, and members of his party to the House Chamber for the Joint Assembly.
At 6:40 P.M., the Senate receded for the purpose of attending the Joint Assembly.
At 7:00 o'clock P.M., the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the Concurrent Resolution:
S. 101 -- Senators Courson, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 27, 1993.
The Honorable Carroll A. Campbell, Jr., and members of his party, were escorted to the rostrum by Senators DRUMMOND, PEELER, GLOVER and RANKIN and Representatives Wilkins, Inabinett, T. Rogers and J. Harris.
The PRESIDENT of the Senate introduced the Honorable Carroll A. Campbell, Jr., Governor of the State of South Carolina.
The Governor addressed the Joint Assembly as follows:
1993 State of the State Address
Mr. President, Mr. Speaker, Ladies and Gentlemen of the 110th General Assembly, Constitutional Officers, my fellow South Carolinians:
As the 60th General Assembly convened in 1893, it stood on the threshold of a new century of progress. State government was in transition, facing stringent finances, inefficiency and a dire need for economic reform.
The legislature decided that a new government and a new constitution would help South Carolina surmount those challenges of the 20th Century.
This General Assembly convenes facing similar challenges because of greater pressure on our limited resources in a new era of progress.
To this point, we have done well.
You will remember I pledged six years ago to devote my greatest energies to job creation and economic growth. The General Assembly joined this quest, fueling it with pro-growth legislation.
As I announced Monday, capital investments totalled nearly three billion dollars last year. We had the highest rate of foreign investment in South Carolina history. And 665 new or expanding businesses made 1992 our third best year ever for economic development.
In the last 18 months of a worldwide recession, South Carolina has attracted the attention of the best companies in the world, creating thousands of jobs and bolstering our defenses against economic stagnation.
A prime example is Hoffman-La Roche, which is building a major research and manufacturing center in Florence.
Four officials of this world-class pharmaceutical company have joined us in the gallery this evening. Please welcome Roche-Carolina President Guy Steenrod, and his Roche colleagues: Frank Pasquino, Ron Chatham and Rick Ricardi.
Job creators like our Roche-Carolina partners are making a difference.
Just last January, our unemployment rate was 7.4 percent. But by December, we had reduced the rate to 5.6 percent...nearly two points below the national average.
A defining moment of our progress came last June, when South Carolina took center stage in the international business arena. I'm speaking, of course, of our partnership with BMW.
Seven months after the official word was given, let's take stock.
This project, with its billion dollar, ten thousand job impact, is coming together in a remarkable way. As one recent news account put it, "already the plant is coming sooner, growing bigger, and producing cars faster than first announced."
The Washington Post took note of our success, stating: "South Carolina serves as a model for salvation because it shows how a region can re-tool itself, how America can create, or at least attract, jobs in the 1990's."
Pro-growth legislation that adds to our momentum will soon be delivered to you.
I pledge my full support for bills that promote commerce and job creation, including reform of our workers' compensation system to control costs. This system exists to help people who get hurt on the job, not those with make-believe injuries.
It should be a felony in South Carolina for anyone to defraud this system, including those who would aid or abet such fraud.
Growth in one region of the State was at a standstill when I took office because of a century-and-a-half old argument over land rights.
But new avenues of growth will open in the York County area thanks to an agreement with the Catawba Indians, hammered out by my office and local, state and federal leaders, in particular Congressman Spratt.
However, if state government is to be a catalyst for growth rather than a barricade of bureaucracy, we can no longer ignore our responsibility to enact reform.
Just as businesses throughout the Palmetto State are re-tooling their plants to meet 21st Century competition head-on, we must re-tool state government to provide assistance as needed and accountability as demanded.
Ask yourselves: where does the buck stop in South Carolina government? I'll tell you where it stops, ladies and gentlemen. Nowhere! It just breaks down into nickels and dimes.
We deserve better. So, tonight, I renew my call for every South Carolinian to have a voice in government reform. I renew my call for a referendum on cabinet government.
As I said from this podium last year, I'm asking you to trust your voters with the question of whether their government should be reformed.
Only you, the members of the General Assembly, can let the people decide the long-term direction of South Carolina. Don't deny them this right.
Unfortunately, we can't give the people a vote before 1994. But there is no need to wait.
Some state agencies can be reorganized now in direct response to changing times.
In 1917, sweeping progress was well underway when the South Carolina Highway Department was created. The plow was still our most significant economic development tool, but the importance of the highway was becoming more apparent.
We had more than 38,000 motor vehicles registered in the State. There were more than 3,000 miles of roads and only 28 of these miles were paved.
Today, it's not unusual for a county to have as many as a thousand miles of state maintained roads. Our growth demands coordination.
For example, the Port of Charleston is only as good as the planes, trains and automobiles that connect every town and county to this gateway to world markets.
New federal legislation is prompting states to coordinate transportation planning, even across state lines.
Unfortunately, South Carolina is one of the last three states in which transportation planning is fragmented. We have three independent agencies: a Highway Department, an Aeronautics Commission and a Railways Commission.
These agencies need to be streamlined and coordinated. And we need accountability!
Again last year, headlines written in oceans of black ink told a sorry tale of corruption and waste at the Highway Department.
Again last year, public confidence was undermined by the abuses of a few.
But some of the powers-that-be at the Highway Department simply don't understand.
I went before the Highway Commission last week and outlined our compelling case for reform.
A few of the commissioners nodded politely. A few of them frowned. But they all waited until I had left to speak their minds.
The door had barely closed behind me when the old guard's indignation flared before reporters.
"There's no need for it," one of them said. He called our ideas "change for the sake of change."
Another called our plan "radical reform for the sake of radical reform."
Ladies and gentlemen, this is change for the sake of the taxpayer. This is real reform!
Tonight I call on this General Assembly to reduce three agencies into one; to reject inefficiency and encourage coordination; to create accountability and, thereby, cast out corruption.
Tonight I call on you to create a South Carolina Department of
Transportation.
Of course, this raises the question of what we should do with our invaluable Highway Patrol.
Our troopers, who earn the respect of South Carolina drivers every day, are handcuffed to a political system awash in waste and favoritism.
Remove the political handcuffs. Put our Patrol in an environment where protection and enforcement are the only missions.
Like our Highway Patrol, the State Law Enforcement Division is one of the most respected law enforcement units in the country.
Therefore, I believe we should merge the Highway Patrol and SLED as divisions in equal partnership under a Chief of Law Enforcement.
Speaker Sheheen has proposed that the state's chief law enforcement officer be appointed by the Governor for a ten year term. I agree.
Meanwhile, there is one agency of state government that sits as judge, jury, enforcer and licenser. It's been this way for nearly 25 years, creating an atmosphere ripe for abuse.
When indictments were handed down against Alcoholic Beverage Control commissioners and staff members last year, we were paralyzed by our lack of authority.
Under our current system, the governor appoints more than 1,500 people statewide. Nearly all do a fine job. There are times when some don't. Regrettably, this was one of those times.
I agree with Senator Williams' proposal to empower governors to remove their appointees at will.
The problems at the ABC Commission run deeper, though. The agency was in disarray. So I created a Task Force to recommend an overhaul.
The chairman of this Task Force, Boykin Rose, is also Chairman of the ABC Commission and I applaud him for recommending the abolition of his own job and those of two other commissioners.
The enforcement arm of the ABC Commission will become part of SLED, while the licensing arm would be returned to the Tax Commission, where it was until 1967.
Abolishing an entire agency is a great start for government reform.
Scandals, of course, are not just measured in dollars and favors. Is it not scandalous that children in state foster care are dying?
Last year, I discussed with you the continuing problems at the Department of Social Services.
I asked: "How many children must die before someone will be accountable to the people?"
Despite interim measures, this question rings unanswered in the ears of compassionate South Carolinians.
Some of you suggested that the Governor's Office be given responsibility over the agency.
Ladies and gentlemen, I will accept that responsibility in the interest of bringing accountability to a state agency in dire need of reform. Yet, I will accept that responsibility with conditions.
A commissioner, appointed by and responsible directly to the Governor, must oversee daily operations and serve at the pleasure of the Governor. The same should apply if a board is to be appointed, but it should serve only in an advisory capacity.
Tonight, we can begin to renew our government.
We have an historic opportunity to re-invent the way we do the people's business and to revise the way we spend their money.
A palpable sense of frustration infects the body politic in this nation. The public cries out for restoration of the linkage between word and deed.
Together, we can - and we must - restore the public's trust through bold reform.
I say we can start with term limits. I urge you to pass Speaker Pro Tempore Wilkins' plan for a twelve-year cap on legislative and the other constitutional offices.
Further, I believe that the public's confidence in government is tied directly to their tax bills. As taxes go up, confidence goes down.
We were reminded of some important lessons over the summer of '92 as we weathered mid-year budget cuts.
We were reminded that there is never enough money to satisfy the special interests and never enough money to do full justice to the services our government provides.
But we protected our triple-A credit rating and we held the line on taxes.
Thanks to the reform measures this General Assembly enacted last year to improve the accuracy of our revenue projections, I now have more confidence in our Board of Economic Advisors.
And, tonight, I urge you to join me in reforming South Carolina's budget writing process.
According to our latest projections, once the General Reserve and Capital Reserve Fund requirements are met and debt service is addressed, we will have only twenty-two million dollars in new money left over.
I know it's hard to imagine, but every major state agency has asked for at least twenty-two million dollars more next year.
Push has come to shove, friends, but we cannot give in. I'm open to new ideas on budget reform, but not if they create upward pressure on taxes.
Representative Boan and I are working on a vital safety measure...an increase from two to three percent in the capital reserve fund. Join us in building upon our national reputation for fiscal conservatism.
Program effectiveness should rule our spending, but the integrity of the line item veto must be preserved. It is a protection for the people and any attempts to dilute it would be unacceptable.
If you are determined to reform the budget process for the General Assembly, then reform it for the Executive Branch, too. Representative Clyborne's line item veto bill adds precision to the budget cutting process.
Last year you voted to keep the low-level waste facility at Barnwell open. This year, it becomes the only such facility in the country.
We have been more than cooperative in hosting the facility. And I'm pleased to report that revenues are coming in on schedule. Every dollar should continue to be earmarked for the General Reserve Fund and non-recurring items.
Tonight I remind you: if we stick to the plan we adopted last year, South Carolina will get out of the low-level waste disposal business once and for all.
You may have heard that the federal government is fishing around for a temporary storage site for high-level waste from the nation's commercial reactors.
I'm not waiting to be asked. Today, I informed federal authorities that since they haven't found a permanent storage site, don't look to South Carolina for a temporary Monitored Retrievable Storage facility.
I'm proud of the fact that a recent report by the American Public Health Association gives us high marks on environmental issues. The Association says we have the fourth cleanest drinking water and the 10th lowest level of air pollution in the country. I say we keep it that way or make it better.
Of course, we cannot have a truly safe environment until we clean up crime.
Our dedicated law enforcement professionals stand shoulder-to-shoulder as our first defense. Tragically, in the last year, ten South Carolina officers, a record number, died in the line of duty.
I ask you to join me in a moment of silent remembrance for them.
Amen.
Sadly, each year brings new fads in violence. Carjackings have come to South Carolina.
What do you do with a 15- or 16-year-old who holds a gun in a young mother's face, threatening to kill her if she doesn't let him take her car?
I say he belongs in a court room on trial as an adult.
Senator Richter has drafted a law to make this happen and it deserves your support...just as automobile insurance reform deserves your support.
Time and again over the past six years, I have proposed sweeping changes to South Carolina's auto insurance laws.
Time and again, true reform was swept aside. When the smoke cleared, we had agreed to minor changes.
In 1987, I worked with you to reduce the subsidy good drivers pay for bad.
In 1988, I worked with you to increase penalties for drunk drivers and habitual traffic offenders and to crack down on uninsured motorists.
And, in 1989, we required drivers to wear seat belts and we increased the safe driver discount to twenty percent.
We've seen some results. Our rates were the 22nd highest in the nation in 1987 and our ranking improved to 30th last year.
But make no mistake; our rates are not lower. Our national ranking improved because we've merely slowed our rate of increase.
We still need to reform the system.
We must put an end to the litigation lottery that allows some to convert neck braces and imaginary pains into cold, hard cash.
Last year, I asked you to give South Carolina choice no-fault insurance. Again this year, it's on your desk and the drivers of our State deserve it. Give it a fair hearing.
Let's not kid ourselves. Insurance rates will never go down under the current system, just as the cost of health care will never go down if we fall prey to the political posturing that has characterized the automobile insurance debate.
As Chairman-elect of the National Governors' Association, I am committed to working with my fellow governors, the new administration and Congress on health care reform.
It is time for Washington to provide us with the tools we need to manage cost-effective health care systems, and then Washington should get out of the way.
If we let federal bureaucrats control our health care system, we may as well pull the plug on our budget's life support system.
Last year, I joined you in an effort to stop the costly medical technology arms race by tightening regulations and creating a review panel for the Certificate of Need process. This was an important first step in getting costs under control.
This summer, a committee I created will recommend ways to reduce unnecessary testing, the kind doctors perform as protection against costly malpractice suits.
Yesterday, Senator Leatherman began hearings on health care reform, and I urge you to carefully consider the issues raised.
One concept that must be advanced is managed care.
Thousands of South Carolinians think they have nowhere to turn but a hospital emergency room for basic treatment. They include the uninsured, the under-insured and those who are eligible for government health programs.
Let me tell you about a Columbia-area family on Medicaid. They don't have a regular doctor or pediatrician, even though there are two children under the age of two. The children were taken to the emergency room 45 times last year for minor ear, nose and throat problems. Forty-five times!
More than 643,000 South Carolinians went to emergency rooms last year for problems which should have been treated elsewhere. At a conservative estimate of One hundred fifty dollars per visit; that's ninety-six million dollars in costs shifted to you and me and everyone who pays for health care.
Look at it this way. Going to an emergency room for a cough is like buying a new car when you run out of gas.
We can lower these costs through preventive medicine and family health care. The technocrats say we need "primary care providers." I call them family doctors.
Call them what you want, but Medicaid patients should have one. They should be treated like anyone else who has insurance. So we must ensure access.
This is managed care and it can save us millions. That's why I'm announcing tonight two managed care pilot projects.
In three Lowcountry counties, under the direction of MUSC, Medicaid recipients will select a family doctor to keep costs down.
And in a seven-county region of the Pee Dee, pregnant Medicaid patients will be enrolled in a plan that offers access to quality care for less money.
But there are nearly half a million uninsured South Carolinians tonight who simply can't afford health care. They work for the neighborhood grill, the corner laundry or the local video store. Health insurance is too expensive for their employers to provide.
So, what are our choices?
We can mandate health insurance for small business owners and force layoffs across the state.
Or we can create group health associations to drive down costs and improve access for small business employees and individuals. That's what I want to do!
Improved access to reasonably priced, high-quality health care is our goal.
We already have a program in South Carolina that meets the goals of managed care and preventive medicine. It's called "Caring for Tomorrow's Children." It's a non-bureaucratic solution to a problem that exacts a tremendous toll in dollars and lives.
Does it work? You bet it does!
Since I joined Blue Cross and Blue Shield of South Carolina three years ago in developing it, our infant mortality rate has dropped twelve-and-a-half percent because we have improved the access to health care.
Through this program, we have promoted the importance of a healthy lifestyle in getting a head start on life.
We are obligated to build a strong foundation for our children's growth. I believe part of that foundation should be daily prayer. Send me your bill on voluntary prayer in school and I will sign it.
You know, government has awesome responsibilities in education. But the system perpetuates a lie by promising parents classroom excellence without insisting on their involvement.
On the other hand, parents also have responsibilities in the education of their children. And too many parents don't fulfill those responsibilities. Parents must be the child's first teacher.
Schools are classrooms for the intellect. Homes are classrooms for the heart. That's where children get their world view, their value system, their understanding of rules...and the discipline to follow the rules.
Let us not get so caught up in budgets and programs that we forget that parents...not schools...are the most important part of child development. And let us do everything within our power to include parents in education.
During my tenure as Chairman of the National Education Goals Panel, we called for higher standards and set out to make learning a lifelong process.
We said children must be ready to learn from the very first day of school.
South Carolina spends sixty-six million dollars a year to teach basic skills to students who didn't learn them the first time around. I believe the learning problems, in many cases, stem from a lack of readiness.
Senator Setzler and I have discussed redirecting ninety million dollars in Education Improvement Act funding to strengthen readiness and early learning. I support this approach.
Legislation to that effect can sharpen our focus on family and parenting skills and quality preschool.
And South Carolina can lead the states in meeting another national goal.
My Math and Science Advisory Board, chaired by Tim Walgren, has developed a blueprint for improving this vital area of education. And the State is now a finalist for ten million dollars worth of federal funding to carry out that plan.
By this summer, we will start providing teachers statewide with immediate help in meeting world-class standards for math and science.
We want every student to have access to state-of-the-art instruction...the kind 130 select students get every year at the Governor's School for Science and Math in Hartsville.
Since its creation in 1988, every graduate has gone on to college with more than seven million dollars in scholarships offered to pay their way.
Of course, there are other skills we need to develop in our young people.
We have a world-class, part-time Governor's School for the Arts. I support the state-wide effort to make it a year-round program and I ask you to join in this effort.
We are focusing, too, on what the teachers teach.
I support Superintendent Nielsen's efforts to promote a more challenging curriculum in our public schools. We founded the Curriculum Congress, calling together nearly two-thousand teachers, business leaders, administrators and parents.
They are defining a framework for higher standards of instruction and student performance. But I caution you. We will not compromise by lowering the standards for gifted students just to make it easier for others.
Quite frankly, we don't want today's student to end up in a basic skills training program tomorrow.
However, today, we have a need for programs such as my Initiative for Work Force Excellence. We must help the adults who lack the skills needed for today's work place.
There is a Family Learning Center at Spartanburg Steel Company. It offers readiness classes for kindergarten students and SAT prep classes for college-bound seniors. But mostly, it helps employees.
Judy Folk, the director of the learning center, told me about an employee in his fifties who couldn't read.
She had been trying to enroll him in classes. One day, he came by and asked for a moment of her time.
He said, "I know Spartanburg like the back of my hand, but I have to make a delivery in Greer and I can't read the street signs."
Judy told him she would help him make the delivery if he would enroll in her reading program.
Today, this man enjoys a thrill that I hope to enjoy someday; he reads to his grandchildren.
I've often talked to you of the hopes we have for our children and our grandchildren and the promises we've made to them.
We hope they will gain wisdom without ordeal, learning from our mistakes and building on our successes. And we've promised them a safe environment in which to dream.
We hope they will have greater opportunities than we had. And we've promised to do everything in our power to get them ready for those opportunities.
We hope they will succeed. And we've promised them the education and the freedom to develop their talents.
I ask you, who among us is not ready to build a better government for our children to lead someday?
Who among us is not willing to lay aside political differences to solve today's problems for the sake of tomorrow?
And who among us is not able to muster the courage to throw off the shackles that hinder our progress?
Longfellow wrote that we judge ourselves by what we feel capable of doing; others judge us by what we have done.
Our capabilities are manifest, ladies and gentlemen. It is the consequence of our labor that must stand the judgement of time.
When the time comes, I'm certain our children will be proud.
Thank you and God bless you.
The purpose 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.
MOTION ADOPTED
On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mildred Folk Williams, beloved mother of Chuck Williams, Deputy Sergeant-at-Arms of the Senate.
At 7:46 P.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 11:00 A.M.
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