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 out of the ancient past from the Prophet Micah, Chapter 7 (v.15):
"Yes! replies the Lord,
`I will do mighty miracles for you,
Like those when I brought you
out of slavery in Egypt.'"
Let us pray.

Good Lord, give us a new understanding of the meaning of "freedom". Our world is desperately in need of more "mighty miracles" of which freedom from slavery in Egypt is only a symbol.

Deliver us each day from the bondage of human sin that enslaves mankind.

Give us the freedom to do what is right, rather than letting us claim the license to do what we please, when we please.

Whether in government, the marketplace, or other areas of our corporate life, may we hear anew the brighter call:
"Serve the Lord with gladness...
Enter into His gates with thanksgiving."

Amen.

Senator WALDREP made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator WALDREP moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese 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 Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Williams Wilson

The Senate resumed.

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

On motion of Senator WILLIAMS, at 11:00 A.M., Senator SALEEBY was granted a leave of absence for today.

Senator MARTIN introduced Dr. Larry Winn of Easley, S.C., Doctor of the Day.

The following were introduced:

S. 1376 -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. WILLIAM HENRY GRANGER, SR., OF SWANSEA, ONE OF SOUTH CAROLINA'S MOST OUTSTANDING FAMILY PHYSICIANS, UPON HIS DEATH.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

H. 5143 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF TONI LYNN CARNELL OF WARE SHOALS, DAUGHTER OF OUR DEAR FRIEND AND COLLEAGUE, REPRESENTATIVE MARION CARNELL, AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5144 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF CARL D. BRUCE OF CAMPOBELLO, FATHER OF THE HONORABLE DANNY BRUCE, READING CLERK OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO MR. BRUCE'S FAMILY AND MANY FRIENDS.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 5145 -- Reps. J. Harris, Jaskwhich, Spearman, H. Brown, Rogers and D. Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND GUY F. LIPSCOMB, A RETIRED INDUSTRIALIST AND ARTIST ON BEING RECENTLY NAMED TO THE SOUTH CAROLINA BUSINESS HALL OF FAME.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

Senator GIESE from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 1256 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78 TO TITLE 44, SO AS TO ENACT THE EMERGENCY MEDICAL SERVICES DO NOT RESUSCITATE ACT, TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH EMERGENCY MEDICAL SERVICES PERSONNEL MAY NOT RESUSCITATE PATIENTS, TO PROVIDE A FORM FOR THIS ORDER, TO PROVIDE FOR REVOCATION OF AN ORDER, AND TO PROVIDE CIVIL AND CRIMINAL IMMUNITY.

Ordered for consideration tomorrow.

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

An invitation from S.C. Victim Assistance Network to attend a reception in the lower lobby - State House on Tuesday, April 26, 1994, at 10:00 A.M.

Courson Peeler Wilson
Stilwell Thomas O'Dell
Passailaigue

Matthews Russell Patterson

S. 1283 -- Senator Elliott: A CONCURRENT RESOLUTION DESIGNATING JULY 16, 1994, AS "ATOMIC VETERANS DAY" IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.

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

The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4351 -- Reps. P. Harris, Neilson, Waldrop, Allison, Baxley, J. Brown, Cobb-Hunter, Corning, Cromer, Davenport, Farr, Fulmer, Gonzales, Harrelson, Harrison, Harvin, Hines, Inabinett, Keegan, Kelley, Kirsh, Littlejohn, Marchbanks, Phillips, Rhoad, Rogers, Rudnick, Shissias, D. Smith, Snow, Stuart, Tucker, Vaughn, Waites, Walker, Wells, Whipper, D. Wilder, Wilkes, Keyserling, Breeland, Richardson and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 29, CHAPTER 4, SO AS TO ENACT THE SOUTH CAROLINA REVERSE MORTGAGE ACT WHICH DEFINES "REVERSE MORTGAGE", PROVIDES RULES FOR GOVERNING THESE MORTGAGES, EXEMPTS REVERSE MORTGAGES FROM CERTAIN PROVISIONS OF OTHER MORTGAGE TRANSACTIONS, AND REQUIRES THAT CERTAIN INFORMATION CONCERNING REVERSE MORTGAGES IS AVAILABLE TO LOAN APPLICANTS.

H. 4627 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.

H. 4180 -- Reps. Harrison, Wells, Gonzales, Wright, Barber, R. Smith, Fulmer, D. Wilder, Klauber, Jennings, A. Young and Corning: A BILL TO AMEND CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS, SO AS TO ENACT THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1993 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH NONPROFIT CORPORATIONS OPERATE AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS CORPORATIONS, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO NONPROFIT CORPORATIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-507 SO AS TO PROVIDE THAT CERTAIN STATUTORY PROVISIONS OF LAW SHALL NOT BE CONSTRUED TO CAUSE FORFEITURE OR REVERSION OF TRUST PROPERTY; AND TO REPEAL SECTION 33-20-103 RELATING TO NONPROFIT CORPORATIONS AND CHAPTER 33 OF TITLE 33 RELATING TO CHURCH CORPORATIONS.

H. 4843 -- Reps. Tucker, P. Harris, McCraw, D. Smith, Phillips, Wilkins and Haskins: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE U. S. INTERSTATE I-85 CORRIDOR IN GREENVILLE, SPARTANBURG, ANDERSON, AND CHEROKEE COUNTIES FOR THE PURPOSE OF DEVELOPING A TWENTY-YEAR PLAN FOR BETTER TRAFFIC MANAGEMENT AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.

(By prior motion of Senator PEELER, with unanimous consent)

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 4412 -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.

H. 4079 -- Reps. Breeland, J. Brown, Govan, Hines, Whipper, Inabinett, White, Holt, Neal, Byrd, Keyserling, Cobb-Hunter and McMahand: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES AND THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO PROVIDE ACCOMMODATIONS AND JOB TRAINING APPLICABLE TO CURRENT AND FUTURE JOB MARKETS TO NONVIOLENT OFFENDERS BETWEEN THE AGES OF FIFTEEN AND TWENTY-ONE; TO REQUIRE THESE AGENCIES TO EVALUATE FACILITIES VACATED BY BASE CLOSING FOR USE AS RESIDENTIAL FACILITIES; TO ENCOURAGE THE USE OF SHOCK INCARCERATION METHODS WITH THESE OFFENDERS; AND TO DIVERT FUNDS AND STAFFING FROM TRADITIONAL COMMITMENT AND INCARCERATION TO THIS PROGRAM.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment previously proposed by Senator MITCHELL on April 19, 1994.

Senator MITCHELL proposed the following amendment (4079R001.TWM), which was adopted:

Amend the resolution, as and if amended, by deleting Section 1 and inserting:

/SECTION 1. (A) The South Carolina Department of Juvenile Justice shall provide nonviolent offenders in its custody, between the ages of fifteen and eighteen, appropriate accommodations and education and shall encourage job training. Facilities vacated by base closings in the State may be evaluated for use as residential facilities for these offenders. Job training provided to these offenders must be applicable to current and future job markets.

(B) The Department of Juvenile Justice is encouraged to utilize the shock incarceration program methods.

(C) The Department of Juvenile Justice shall report to the General Assembly by January 1, 1995, concerning their efforts to meet the requirement of this joint resolution and shall report annually for the next five years./

Amend title to conform.

Senator MITCHELL explained the amendment.

Senator RICHTER argued in favor of adoption of the amendment.

There being no further amendments, the Resolution was read the third time and ordered returned to the House with amendments.

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 1351 -- Judiciary Committee: A BILL TO AMEND CHAPTER 5, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, SO AS TO DESIGNATE VOTER REGISTRATION AGENCIES TO PROVIDE CERTAIN SERVICES REGARDING VOTER REGISTRATION TO FACILITATE THIS PROCESS, TO PROVIDE FOR A PROCEDURE BY WHICH A VALID VOTER REGISTRATION FORM MAY BE COMPLETED AT THE DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, TO PROVIDE A PROCEDURE FOR AN ELECTOR TO VOTE AT A POLLING PLACE WHEN THEY HAVE MOVED AND HAVE NOT REREGISTERED IN THE PRECINCT IN WHICH THEY RESIDE, AND TO ENUMERATE THE POWERS OF THE STATE ELECTION COMMISSION IN IMPLEMENTING THE PROVISIONS OF THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE DIRECTOR DELETE THE NAME OF ANY ELECTOR WHO IS NO LONGER QUALIFIED TO VOTE IN THE PRECINCT WHERE HE IS CURRENTLY REGISTERED AND THE NAME OF AN ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE ELECTIONS, AND PROVIDE THAT THE EXECUTIVE DIRECTOR SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND COORDINATING THE STATE'S RESPONSIBILITIES UNDER THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-30, RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE CERTAIN ARCHAIC REFERENCES AND REFERENCES TO PROVISIONS WHICH ARE BEING ELIMINATED PURSUANT TO THE PROVISIONS OF THIS ACT, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, AN APPEAL BY AN ELECTOR THAT HIS NAME HAS BEEN DELETED FROM THE ROSTER MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO THE REGISTRATION OF AN ELECTOR BY MAIL, SO AS TO AUTHORIZE A PERSON TO REGISTER TO VOTE BY MAILING OR HAVING DELIVERED A COMPLETED STATE REGISTRATION BY MAIL APPLICATION FORM OR A COMPLETED NATIONAL REGISTRATION BY MAIL APPLICATION FORM PRESCRIBED BY THE FEDERAL ELECTION COMMISSION, TO REDUCE FROM FORTY-FIVE TO THIRTY DAYS THE TIME REQUIRED BEFORE ANY ELECTION TO FILE THIS APPLICATION FORM, TO PROVIDE THAT IF THE POSTMARK OF THE APPLICATION IS MISSING OR ILLEGIBLE THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE THE ELECTION, TO DELETE THE PROVISIONS REQUIRING THE APPLICATION TO BE WITNESSED BY A QUALIFIED ELECTOR, AND TO ADD CERTAIN REFERENCES TO VOTER REGISTRATION AGENCIES BEING DESIGNATED UNDER THE PROVISIONS OF SECTION 7-5-310; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS TO VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440 AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-830, AS AMENDED, RELATING TO THE PROCEDURE WHICH MUST BE USED WHEN A VOTER IS CHALLENGED, SO AS TO ADD A PROVISION WHICH REQUIRES THE AUTHORITY IN CHARGE TO EXAMINE EACH BALLOT IN QUESTION AND COUNT ONLY THAT PORTION OF THE BALLOT WHICH APPEARS ON THE BALLOT IN THE PRECINCT IN WHICH THE ELECTOR RESIDES; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO THE ITEMS WHICH ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD COMPLETED VOTER REGISTRATION APPLICATION FORMS; AND TO AMEND SECTION 7-13-810, AS AMENDED, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE.

S. 732 -- Senator Holland: A BILL TO AMEND SECTION 23-45-30(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF SPRINKLER CONTRACTOR'S LICENSE, SO AS TO REQUIRE THAT THE CERTIFICATE HOLDER BE A FULL-TIME EMPLOYEE IN A RESPONSIBLE MANAGEMENT POSITION; TO AMEND SECTION 23-45-140, RELATING TO FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW, SO AS TO UPDATE CODES AND STANDARDS TO THE LATEST EDITIONS, TO ADD CODES AND STANDARDS, AND TO DELETE LANGUAGE AUTHORIZING THE STATE FIRE MARSHAL TO CHARGE A FEE FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND TO AMEND THE CODE BY ADDING SECTIONS 23-45-145 AND 23-45-147, SO AS TO INCLUDE IN THE "FIRE PROTECTION SPRINKLER SYSTEMS ACT" PROVISIONS OF LAW FOR A FIRE SPRINKLER SYSTEM SPECIFICATION SHEET AND PROVISIONS REGULATING SHOP DRAWINGS IN CONNECTION WITH A FIRE PROTECTION SPRINKLER SYSTEM.

S. 927 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Short, Washington, Rose, Leventis, Wilson, Rankin and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE.

S. 1147 -- Senators J. Verne Smith, McConnell and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9, CHAPTER 111, TITLE 59, SO AS TO CREATE THE ENVIRONMENTAL SCHOLARS ENDOWMENT FUND FOR THE PURPOSE OF ESTABLISHING ENVIRONMENTAL SCHOLARS ENDOWMENTS AT QUALIFYING INSTITUTIONS TO AWARD SCHOLARSHIPS OR FELLOWSHIPS TO STUDENTS PURSUING DEGREES IN ENVIRONMENTAL STUDIES OR ENVIRONMENTAL SCIENCES; TO PROVIDE FOR THE FINANCING OF THE FUND AND REQUIREMENTS FOR THE ESTABLISHMENT OF ENDOWMENTS BY THE QUALIFYING INSTITUTIONS.

S. 1204 -- Senator Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-77 SO AS TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF SOCIAL SERVICES IN CONJUNCTION WITH THE SOUTH CAROLINA HOSPITAL ASSOCIATION TO DEVELOP A PROGRAM FOR OBTAINING IN-HOSPITAL VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY; AND TO AMEND SECTION 20-7-956, RELATING TO EVIDENCE ADMISSIBLE IN PATERNITY HEARINGS, SO AS TO PROVIDE THAT SUCH ACKNOWLEDGMENTS OF PATERNITY ARE ADMISSIBLE AND CREATE A REBUTTABLE PRESUMPTION OF PATERNITY.

S. 1219 -- Senator Setzler: A BILL TO AMEND SECTION 59-20-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF THE INDEX OF TAXPAYING ABILITY FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT THE ASSESSMENTS USED ARE THE AUDITED ASSESSMENTS BY SCHOOL DISTRICT SUBMITTED ANNUALLY TO THE COMPTROLLER GENERAL, TO REVISE THE DATE BY WHICH THE AUDITOR MUST REPORT AUDITED ASSESSED VALUES FROM FEBRUARY FIRST TO OCTOBER FIRST AND TO CLARIFY AND REVISE REPORTING REQUIREMENTS; TO REQUIRE THE SALES RATIO DATA USED TO CALCULATE THE INDEX TO CONFORM TO THE MOST RECENT STUDIES CORRESPONDING TO THE BASE YEAR AND TO DEFINE BASE YEAR, AND TO PROVIDE FOR THE DEPARTMENT OF REVENUE AND TAXATION TO PROVIDE A PRELIMINARY INDEX BY NOVEMBER FIRST OF EACH YEAR AND A FINAL INDEX BY FEBRUARY FIRST.

S. 1328 -- Senators Short, Jackson and Gregory: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS.

S. 965 -- Senator Rose: A BILL TO AMEND SECTION 7-13-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF ELECTIONS, SO AS TO REQUIRE NAMES OF CANDIDATES FOR CONGRESSIONAL, LEGISLATIVE, COUNTY, OR OTHER OFFICES TO BE PLACED IN ALPHABETICAL ORDER IN THE PROPER PLACE ON THE APPROPRIATE BALLOT.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator ROSE proposed the following amendment (965R007.MTR), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and adding the following appropriately numbered new SECTIONS:

/SECTION . Section 7-13-610 of the 1976 Code is amended to read:

"Section 7-13-610. The State Election Commission and the respective county election commissions shall prepare separate ballots for each political party holding a primary. The ballots for each party must contain in print only the names of the candidates who have filed to run in that particular party primary and must have a stub at the top perforated so as to be easily detached. On the stub must be printed `Official state (or county) Ballot, (name of party) Primary', the name of the county and the precinct, and the date of the primary. On the right side there must be a blank line under which must be printed `Initials of Issuing Officer'. Stubs on ballots for each precinct must be numbered consecutively, beginning with `No. 1'. The ballots must be furnished by the State Election Commission for all except members of the General Assembly, county officers, less than county officers, and circuit solicitors, for which the county election commission shall furnish the ballots. One ballot must contain the names of all persons in alphabetical order running for state and federal offices. The other ballot must contain, in alphabetical order, the names of all persons running for the General Assembly, county offices, less than county officers, and solicitors. Ballots furnished by the State Election Commission under this section must have marked on them in plain type, both on the stub and on the ballot, the words `Official State Ballot'. Ballots furnished by the county election commission under this section must have marked on them in plain type, both on the stub and on the ballot, the words `Official County Ballot'.

The ballot must be printed on paper of a thickness so that the printing cannot be distinguished from the back and must be of a size and color as directed by the State Election Commission. If more than one ballot is to be used in a primary, each ballot must be printed on different colored paper. The ballot must contain a voting square opposite the name of each candidate, and the voter shall vote by putting a mark in the voting square opposite the name of the candidate of his choice. The State Election Commission is hereby empowered to establish, under Chapter 23 of Title 1, such rules and regulations as are necessary for the proper administration of this section."

SECTION . Article 7 of Chapter 13 of Title 7 is amended by adding the following new section:

"Section 7-13-335. The State Election Commission or the local entity responsible for printing general or special election ballots or the arrangement of a ballot by mechanical or electronic means must conform such ballots to the requirements of Section 7-13-330, provided, however, that the names of candidates in non partisan and at-large, multi-seat races must be listed in alphabetical order. The provisions of this section shall not apply to a partisan election."/

Amend title to conform.

Senator ROSE explained the amendment.

Senator WILSON proposed the following amendment (965R010.AGW), which was withdrawn:

Amend the bill, as and if amended, by adding a new paragraph at the end of Section 7-13-610, the following:

/Notwithstanding the above provisions, beginning in 1998 and every four years thereafter, the respective entities responsible for the arrangement of names on a ballot shall present the names of candidates in reverse alphabetical order. Beginning in the year 2000 and every four years thereafter, the respective entities responsible for the arrangement of names on a ballot shall present the names of candidates in alphabetical order./

Amend title to conform.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

S. 979 -- Senators Bryan and Setzler: A BILL TO AMEND ACT 164 OF 1993, RELATING TO THE 1993-94 STATE GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT CAMPUS INCENTIVE PROGRAM FUNDS USED TO PROVIDE A ONE-TIME BONUS TO CLASSROOM TEACHERS SHALL ALSO BE USED TO PROVIDE THE SAME BONUS TO SCHOOL EMPLOYEES CLASSIFIED AS EVALUATORS; AND TO MAKE THE ABOVE PROVISIONS ALSO APPLICABLE FOR FISCAL YEAR 1993-94.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (S-EDUC\979.01) proposed by Senator REESE and previously printed in the Journal of Wednesday, March 30, 1994.

Senator REESE proposed the following amendment (S-EDUC\979.01), which was withdrawn:

Amend the bill, as and if amended, by inserting on page 1, line 33 after /code 75/ the following:
/ and employees in teaching positions in schools operated by the John De LaHowe, Wil Lou Gray, and the School for the Deaf and Blind /.

Amend the bill further, as and if amended, by inserting on page 1, line 36 after /evaluator/ the following:
/ or state employee /.

Amend title to conform.

Senator REESE proposed the following amendment (S-EDUC\979.02), which was withdrawn:

Amend the bill, as and if amended, by inserting on page 1, line 33 after /code 75/ the following:

/and employees in teaching positions in schools operated by the Department of Mental Retardation, Commission on Alcohol and Drug Abuse, John De LaHowe, Wil Lou Gray, and the School for the Deaf and Blind/.

Amend the bill further, as and if amended, by inserting on page 1, line 36 after /evaluator/ the following:

/or state employee/.

Amend title to conform.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

The following Bills and Joint Resolution having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

S. 1370 -- Senators Bryan and O'Dell: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, IS FURTHER AMENDED SO AS TO ADD A NEW AREA TO THE DISTRICT.

S. 1371 -- Senator J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-2418 SO AS TO PROVIDE A DESIGNATION ON INCOME TAX FORMS TO ENABLE A TAXPAYER TO CONTRIBUTE TO THE SOUTH CAROLINA STATE HOUSE TRUST FUND AND TO PROVIDE FOR THE CREATION AND ADMINISTRATION OF THE SOUTH CAROLINA STATE HOUSE TRUST FUND.

(By prior motion of Senator J. VERNE SMITH, with unanimous consent)

S. 1372 -- Senators J. Verne Smith, Drummond, Peeler, McGill, O'Dell and Patterson: A JOINT RESOLUTION TO AUTHORIZE THE DIVISION OF GENERAL SERVICES OF THE BUDGET AND CONTROL BOARD TO BORROW UP TO THIRTY-EIGHT MILLION TWO HUNDRED THOUSAND DOLLARS FROM THE STATE INSURANCE RESERVE FUND DURING THE PERIOD BEGINNING JULY 1, 1994, AND ENDING DECEMBER 31, 1995, AND TO PROVIDE THAT THREE MILLION TWO HUNDRED THOUSAND DOLLARS OF THIS AUTHORIZATION MAY BE USED FOR THE EXCLUSIVE PURPOSE OF INITIATING THE STATE HOUSE RENOVATION PROJECT INCLUDING THE PAYMENT OF ARCHITECTURAL AND ENGINEERING FEES AND THOSE COSTS ASSOCIATED WITH TRANSITION OF STATE HOUSE OCCUPANTS TO, LOCATION OF, AND RENOVATION OF AN ALTERNATE LOCATION AND TO PROVIDE THAT FUNDS BORROWED BY GENERAL SERVICES FOR THIS PURPOSE SHALL BE REPAID WITH INTEREST DIRECTLY TO THE INSURANCE RESERVE FUND AS SOON AS MONIES ARE MADE AVAILABLE THROUGH A REGULAR OR SUPPLEMENTAL APPROPRIATION.

(By prior motion of Senator J. VERNE SMITH, with unanimous consent)

H. 4955 -- Reps. Holt, J. Bailey, Gonzales, Barber, Whipper, Breeland, Inabinett, J. Harris, Harrell and Fulmer: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER TO A LOCAL PUBLIC ENTITY APPROVED BY THE BOARD, AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS FROM MONIES SET ASIDE FOR THE PATRIOT'S POINT DEVELOPMENT AUTHORITY PURSUANT TO THE PROVISIONS OF SECTION 51-13-860 OF THE 1976 CODE, AND PROVIDE THAT THESE MONIES MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER, WITH THE MONEY FROM THIS LOAN USED BY THE ENTITY EXCLUSIVELY FOR THE BENEFIT OF SPOLETO FESTIVAL, USA.

The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.

Senator LEATHERMAN proposed the following amendment (CYY\16083AC.94), which was adopted:

Amend the bill, as and if amended, by deleting Section 1 and inserting:

/SECTION 1. Upon approval by the State Treasurer of the loan agreement, the State Budget and Control Board may transfer to the City of Charleston and the City of Charleston may borrow an amount not to exceed six hundred thousand dollars from monies set aside pursuant to Section 51-13-860 for the Patriot's Point Development Authority. These monies must be loaned for a period not to exceed three years at an interest rate to be determined by the State Treasurer after documents satisfactory to the Treasurer have been executed by the City of Charleston. The repayment to the State of the loan to the City of Charleston must be guaranteed by the City of Charleston and must be repaid in three equal annual installments beginning with the fiscal year following the fiscal year in which the loan was made. If the loan is not repaid within the three- year period, that portion of the Aid to Subdivisions distributed annually to municipalities, which the City of Charleston would have otherwise received, must be withheld and applied toward repayment of the loan until the loan is paid. The money from this loan must be used by the City of Charleston exclusively for the benefit of Spoleto Festival, USA./

Amend title to conform.

Senator LEATHERMAN explained the amendment.

There being no further amendments, the Resolution was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bills having been read the second time were ordered placed on the third reading Calendar:

H. 4752 -- Reps. Kelley, Martin, Witherspoon and Snow: A BILL TO PROVIDE THAT MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR HORRY COUNTY MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE MEMBER TAKES OFFICE.

H. 4591 -- Reps. A. Young, Sharpe, Wofford, G. Bailey, Cato, Davenport, Allison, Robinson, Meacham, Witherspoon, Vaughn, Gamble, Sturkie, Haskins, Riser, Fair, Thomas, Klauber and Koon: A BILL TO AMEND ACT 582 OF 1990, RELATING TO, AMONG OTHER THINGS, THE APPLICATION OF ABOVEGROUND STORAGE PROVISIONS REGARDING PETROLEUM PRODUCTS, SO AS TO PROVIDE THAT, FOR THE PURPOSES OF CERTAIN PROVISIONS OF LAW, THE TERM "SERVICE STATION" DOES NOT INCLUDE ANY UTILITY STORAGE TANK FACILITIES WHICH SERVICE UTILITY OPERATIONS, INCLUDING VEHICLES, LOCOMOTIVES, OR EQUIPMENT.

S. 1373 -- Senator McGill: A BILL TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.

(By prior motion of Senator McGILL, with unanimous consent)

S. 1230 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO EXEMPT LICENSED BROKERS OR SALES AGENTS WHO ARE ALSO ACTIVE MEMBERS OF THE SOUTH CAROLINA BAR FROM THE REQUIREMENTS OF THIS PROVISION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Labor, Commerce and Industry Committee proposed the following amendment (1230R001.JVS), which was adopted:

Amend the bill, as and if amended, page 1, Section 1, line 35, by striking Section 40-57-155(B) in its entirety and inserting the following:

/(B) A licensee who is also a licensed attorney may receive continuing education credit for courses taken under a continuing education program, provided such courses relate directly to real estate law in South Carolina and have been approved by the commission as meeting the criteria for continuing real estate education. Credit for such courses is subject to approval by the commission./

Amend title to conform.

Senator MARTIN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 905 -- Senators Jackson and Washington: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY, INDETERMINATE COMMITMENT FOR EVALUATION FOR NONCRIMINAL MISCONDUCT, SO AS TO MAKE THE PROHIBITION PROVIDED BY THIS SECTION APPLICABLE TO CHILDREN FOUND IN CONTEMPT OF COURT FOR VIOLATION OF A COURT ORDER RELATED TO SUCH NONCRIMINAL MISCONDUCT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Corrections and Penology.

The Corrections and Penology Committee proposed the following amendment (CYY\16044AC.94), which was adopted:

Amend the bill, as and if amended, by deleting Section 2 and inserting:

/SECTION 2. The 1976 Code is amended by adding:

"Section 20-7-2207. (A) The Department of Juvenile Justice shall develop and implement an alternative residential program for status offenders and juveniles found in contempt of court for violation of a court order issued for a status offense. This program must comply with Section 20-7-2205 and juveniles in the program must be maintained in facilities and have supervision and programming that meets Medicaid management group home standards; however, juveniles in the residential program must not be placed in facilities with other group home populations.

(B) Residential and program clinical staff shall supervise program treatment and shall conduct family and home environmental needs assessments.

(C) Appropriate educational programs must be provided to the program clients.

(D) A juvenile who successfully completes the residential program must be transferred to the juvenile's home community for intensive community supervision by the Department of Juvenile Justice which must include weekly face to face supervisory sessions and telephone contacts as needed. In preparation for transfer to the intensive community program, the residential program clinical staff shall collaborate with the Department of Juvenile Justice staff to formulate community treatment plans containing supervisory and treatments goals, objectives, and interventions.

(E) A juvenile who fails to comply with the community treatment plan must be returned to the residential program and must remain at the facility for the duration of the placement."

SECTION 3. This act takes place upon approval by the Governor except Section 2 takes effect subject to the General Assembly appropriating sufficient funds to carry out the provisions of Section 2./

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.

On motion of Senator LEATHERMAN, the Bill was carried over.

H. 4566 -- Reps. Jennings, Askins, Baxley, Fulmer, P. Harris, Harrison, Hines, McAbee, Shissias, Snow, Spearman, Tucker, J. Wilder, Harwell, G. Brown, Neilson, Kinon, Beatty, Cobb-Hunter, Richardson, Keyserling, H. Brown, A. Young, Waldrop, Huff, T.C. Alexander, Stuart, Sturkie, R. Smith, Chamblee, Moody-Lawrence, Corning, Harrell, Thomas, Inabinett, Wilkins and Boan: A BILL TO AMEND CHAPTER 24 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BANK HOLDING COMPANY ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR DEFINITIONS AND REGULATORY PROVISIONS AND PROCEDURES IN ORDER TO PERMIT AFTER A SPECIFIED DATE AN OUT-OF-STATE BANK HOLDING COMPANY TO OPERATE AND MAKE ACQUISITIONS IN THIS STATE IN THE SAME MANNER THAT A SOUTHERN REGION BANK HOLDING COMPANY IS PERMITTED TO OPERATE AND MAKE ACQUISITIONS.

On motion of Senator McCONNELL, the Bill was carried over.

S. 1289 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT SEPARATION, FOR PURPOSES OF WHEN A HUSBAND AND WIFE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR, MAY BE VOLUNTARY OR INVOLUNTARY.

On motion of Senator McCONNELL, the Resolution was carried over.

H. 3675 -- Reps. Shissias, R. Smith, R. Young, Neilson, Gonzales, Littlejohn, Simrill, Harwell, Corning, Harrison, Mattos, Gamble, Elliott, Riser, Hallman, Cobb-Hunter, Wright, Koon, Wells, J. Wilder, Houck, Harrell, Harrelson, Hines, Neal, Meacham, Byrd, Walker, Allison, Waldrop, Stone, J. Brown, Stuart, Rudnick, McElveen, Davenport and Moody-Lawrence: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.

On motion of Senator McCONNELL, the Bill was carried over.

At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.

The PRESIDENT appointed Senators HOLLAND, THOMAS, MITCHELL and BRYAN to escort the Honorable David W. Harwell, Chief Justice of the South Carolina Supreme Court, and his party to the rostrum of the House of Representatives for the Joint Assembly.

At Twelve O'clock 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:

H. 4989 -- Reps. Sheheen, Wilkins and Hodges: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, APRIL 20, 1994.

The Honorable David W. Harwell, Chief Justice of the South Carolina Supreme Court, and members of his party, were escorted to the rostrum by Senators HOLLAND, THOMAS, MITCHELL and BRYAN and Reps. Harwell, Cromer, Wilkins and Cobb-Hunter.

The PRESIDENT introduced the Honorable David W. Harwell, Chief Justice of the South Carolina Supreme Court.

Chief Justice Harwell addressed the Joint Assembly, as follows:

"Thank you very much Lt. Governor... Before I begin my formal remarks, I would like to take this opportunity to thank you for your thoughts and prayers during my recent illness. I am happy to tell you that I have made a good recovery and I look forward now to many more active years. Mr. President, Mr. Speaker, Members of the General Assembly, Justices, Judges and friends... Today is the third and final time I will stand before this Joint Assembly. It has been an honor to serve South Carolina, and a privilege I will long remember. I have given much but have received far more. Everywhere I go, I'm proud to say I'm a South Carolinian and especially proud to have been a part of your legislative and judicial branches of government. Go where you will, regardless of what some newspaper and editors might think or say; search throughout all fifty states and you will not fine a better judicial system. The quality of our judiciary, the unique ability to rotate judges where they are needed makes our court system the finest any chief justice could have the pleasure of leading. However, from my vantage point, I see things about our judicial system that may not be visible to the casual observer. I see things that, if left unattended, may erode our citizens' faith in our criminal justice system. Crime and public safety have always been important issues. Today, we are constantly reminded through polls that our citizens are demanding action be taken to ensure that their homes, schools and neighborhoods are safe. Too often, we take the short-term view and pass legislation that simply increases the penalty for a particular crime in hopes it will defer crime and pacify public outcry. Instead, we need to do two things, first, look long-term and second, work on comprehensive solutions instead of piece meal quick fixes. The General Assembly sets out what is important. The state's priorities are established through the budget. The items you consider important are funded; the others are not. The courts, prosecution, indigent defense and law enforcement have not done well in the budget over the past several years. The General Assembly has addressed several major criminal justice issues this year. Your committees have worked to put together major Bills that are now under consideration. This experience has helped to focus attention on the complexity and necessity of dealing with crime and punishment in a comprehensive fashion. This State needs a comprehensive policy to guide our thinking in how we can best utilize our limited tax dollars and criminal justice resources. I submit to you that if this General Assembly is really interested in addressing public safety issues, and how we can have the different parts of our criminal justice system function in harmony with each other, you will adequately staff and fund the Sentencing Guidelines Commission chaired by Representative David Wilkins. Let them prepare a blueprint on how the system should work. Wilkins' commission has the criminal justice leadership as members. It has judges, legislators, attorneys and others who help shape and carry out criminal justice policy. They can comprehensively address issues involving prison overcrowding, alternative sanctions, truth in sentencing, sentencing guidelines and how our total criminal justice budget might be more effectively utilized. A few dollars invested in this commission will pay off handsomely in savings over the years. If our criminal justice system operated the way it should, it would look something like this. On the criminal side, cases would be disposed of within 180 days. SLED would have funds for their lab to process evidence; prosecution and particularly indigent defense would have adequate staff to handle the increase in criminal cases, and finally we would have funds to rotate judges where they are needed. The county jails would not back-up and defendants would be quickly processed because we have the evidence, staff and adequate terms of court. Judges would have guidance on what alternative programs are best suited for a particular type of criminal. Similar sentences would be given for similar crimes and a sentence would mean what it says. Our prisons would contain criminals who commit serious crimes or have a history of criminal activity. Non-violent offenders and those convicted of minor crimes would be placed in less costly alternative programs. All of this is within our grasp if we do a little comprehensive planning. Instead of costing money, we will probably find out the improvements in effectiveness actually save money. The savings generated by using our system wisely could be reallocated toward programs involving our at-risk youth, their families, job training, summer programs, adult literacy, teenage pregnancy and alcohol or drug treatment program. These are things that reduce crime and give us the prison space we need to put serious criminals away for long periods of time. If we were to run our system like it should be, then it would begin with getting the most out of what we have and working hard to make sure in the future we have fewer of our citizens at risk, not more. Knee jerk reactions to crime issues may satisfy election year rhetoric, but they are expensive and will not reduce crime or ensure public safety. The youths of today are our future. We now spend $27,000 per child to incarcerate and $3,000 per child to educate. It is cheaper to train than to chain. We need solutions to help educate. I draw your attention to the report of the Juvenile Justice Task Force chaired by Justice Toal. Within this report you will see the problems and numerous solutions that could help turn the tide and prevent our troubled youth from becoming our trouble adult criminals. I hope you will give this report your careful attention as you continue to deal with juvenile justice issues. During the years I served as Chief Justice, our State faced a severe recession. Funds were scarce. The recession reminded us that during difficult times you must be innovative and willing to rethink how the system should work. Someone once said, the only difference between a rut and a grave is the length of the hole. If anything good can be said about the recession, it is that we were forced to get out of the rut. I'm pleased with what is taking place. I have established a bench/bar committee made up of judges from all levels and attorneys from different backgrounds and regions. This committee has been an excellent sounding board on how new programs would work in courts throughout our State. It also serves as a good communication link for gathering information on how the system is working. Small problems are resolved while they are still fresh and easily handled. I would like to publicly thank them for their voluntary assistance in helping me run the judicial branch of government. Last year, we sought the General Assembly's help in passing legislation which required every magistrate to take and pass a certification exam. One half of our magistrates will be certified in 1994 and the other half by the end of 1995. These exams will help ensure every magistrate has a fundamental understanding of the information needed to render fair and just decisions within their courts. Building upon this educational process in the not too distant future, I believe we can increase a magistrate's criminal and civil jurisdiction so cases can be moved from the circuit to the magistrates court. Moving cases out of circuit court will help unclog the dockets and since you will have nearly 300 magistrates working on cases now handled by 40 circuit judges, the disposition of these cases should speed up. Magistrates are a valuable part of our judicial system. Most of them are not lawyers. If given the training, they can and should play an expanded role in dealing with the state's rising caseload. This summer other new initiatives will be started to help dispose of cases more efficiently. Arbitration and mediation are programs designed to give litigants an opportunity to seek a non-court option to resolve their dispute. Trained arbitrators and mediators will be at work to help alleviate crowded court dockets. Using carefully crafted guidelines, many types of civil and family court matters can be dealt with outside of the courtroom saving scarce and expensive court time. Studies show that 80 to 90 percent of the cases which go through the arbitration/mediation process do not end up in court. I list arbitration/mediation and magistrate training as three of our most important accomplishments. They cost very little and have the potential of saving the taxpayer and litigants time and money. The shortage of rotation funds required that I rethink how we utilized our judicial workforce. I put into place two new managerial approaches. The first was regional rotation, which meant the State was divided into four regions and judges served longer within their region. They move around less and for shorter distances. This cut cost and helped morale by reducing burnout. Long periods of travel coupled with staggering caseloads take their toal. Our judiciary is relatively young and regional rotation allows more time with families and less travel also saves money. Regional rotation also allows me to assign one judge to handle complex litigation from beginning to end. This beginning to end case handling helps to reduce the time and cost to litigants, county and the State. One judge becomes familiar with all parts of the case and remains available throughout the case's journey from filing to disposition. The program which received the most attention in the media was cameras in the courtroom. In 1961 cameras were banned from South Carolina courtrooms, but today our citizens can have a closer look at matters that involve their community. My goal was to allow our citizens to see into our courtroom and to learn more about how the judicial system works. I believe the more our citizens understand about how our government works the better our government will work. Cameras in the courtroom allow people to see the courtroom in action and I have been pleased with the response. From the comments we have received, I know people are learning more about the events in their community and more about how the judicial branch of government operates. I noticed with interest that a federal judge in South Carolina was quoted as saying he feels it is time for cameras to be allowed in federal courts. When I took office, my goals were not to make a short-term improvement in the number or age of our pending cases, our usual bench mark of success. Instead, I wanted to begin retooling the judicial system so it would be able to meet the needs of tomorrow. Although we put into place a bench/bar committee, magistrate training, arbitration, mediation, regional rotation, and beginning to end case handling and allowed cameras into the courtroom there are still several areas that need attention. When I became chief justice, the courts did not even have a fax machine. We now have them and their use has noticeably speeded up communications. You gave us some funds to begin my effort to computerize the courts but this process is not complete. Automating the courts will have profound implications for our future. Innovations in this field will have effects that you and I cannot even begin to imagine. But there are things that I know can and should happen. With automation, county and state offices will communicate faster and process more with the same staff. We will more effectively handle our court scheduling responsibilities and place better information in the hands of judges so they spend less time preparing for court and more time in court. There will also be improvements in information sharing between the courts and those who need court information. We will cut down on paper work and increase the accuracy and speed by which information is shared. The system put in place will be the roadbed on which the criminal justice information highway will be built. The courts need to be fully automated and your efforts are still needed to supply the funds necessary to finish what was started. Finishing the automation network, will bring the court out of the yellow pad and pencil era and into the twenty first century. To improve the state of our Judiciary, two other matters need attention. First, funds to rotate judges and second, another three-judge panel for the Court of Appeals. Rotation gives us a management tool that is unique. We move judges where they are needed. We can accomplish more with fewer judges because we have this flexibility. The recession has taken its toal on our rotation account and I hope the Senate will build upon what the House has given and put this account back where it was in 1986. The innovations we put in place will help hold down cost but we cannot operate effectively on a budget that is really half what it was in 1986. Our system deals with over a quarter million cases a year. As the trial court's workload increases, so will the appellate court's workload. The bottleneck will soon be in the appellate court area. Prudence tells us to plan ahead. I'm sure the chief justice who follows me will request funds for a new panel on the Court of Appeals, and I urge you to give this request careful consideration. One appeal can have repercussions on dozens of cases. A delay at the appellate level backs up the entire system and may unnecessarily cause cases to be retried. With the recession ending, we are all working our way back. Many of you have worked very hard and are helping the courts. I greatly appreciate your help. We can not have a strong judiciary without your support. It is my hope the added funding will ensure criminals are brought to court quickly and our citizens will have their disputes resolved without undue delay. With my first State of the Judiciary speech, I said I would depart from the usual format of highlighting with statistics the status of our court dockets. Instead, in my State of the Judiciary message, I have chosen to share with you my views on what needs to be done, what I've done about it and what we still need to do. I view my time as chief justice not as a caretaker but as a rebuilder. Using what resources were available, my job was to help reshape the system so it would be ready to face the challenges of today and tomorrow. I have been blessed with an opportunity to serve and to have been surrounded by friends who have supported my efforts. No one accomplishes anything alone and I express to you, my fellow judges, the members of the House and Senate, and the public my sincere appreciation for your support and friendship over these many years. Although I am retiring as Chief Justice, I will remain active in my profession and in the business community. I look forward to our continued fellowship. I assure you I will continue as a private citizen to do what I can to help my South Carolina and her people. 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 12:35 P.M., the Senate reconvened.

MOTION ADOPTED
On motion of Senator WASHINGTON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Mordecai C. Johnson, Sr. of Florence, S.C.

At 12:37 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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