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 the words recorded in the Book of Joshua, Chapter 3 (vv. 3-4) (New Revised Standard Version):

"When you see the ark of the covenant of the

Lord your God being carried by the Levitical

priests, then you shall set out from your place.

Follow it, so that you may know the way you

should go, for you have not passed this way

before."
Let us pray.

Lord God Almighty, the King of the Universe, as our Governor, Your servant David Beasley, joins the House and our Senate in a Joint Session at the Koger Center, tonight we beseech the guidance, the motivation, and the will of the Spirit of God for us all.

We are dismayed that so much that was customary and familiar in former times has changed... sometimes strangely.

We thank You for the progress being made in so much of the life of our people, but like the Israelites we are still a long way off from the Promised Land of our hopes and aspirations.

As the Ark of Jehovah carried the Torah, the Law of God and His will for His people, so may we carry in our hearts and minds the Spirit of Your Law and Your Love for Your people... in the Name of Joshua's God, we pray!

Amen!

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

October 16, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, Advisory Board of Trustees for the Veterans' Trust Fund of South Carolina, with term to commence September 15, 1995, and to expire at the pleasure of the Governor:

County Officer:

Mr. Clarence T. McGee, Berkeley County Veterans Affairs Officer, 223 North Live Oak Drive, Moncks Corner, S.C. 29461

Referred to the General Committee.

November 2, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, South Carolina Advisory Commission on Aging, with term to commence June 30, 1995, and to expire June 30, 1998:

Area 6:

Mr. Richard M. Denny, 805 Bethune Road, Bishopville, S.C. 29010

Referred to the Committee on Medical Affairs.

November 30, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Reappointment, South Carolina Arts Commission, with term to commence June 30, 1996, and to expire June 30, 1999:

At-Large:

Ms. Patricia E. Wilson, 9 Country Club Court, Columbia, S.C. 29206

Referred to the General Committee.

December 21, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, Prisoner of War Commission, with term to commence July 1, 1995, and to expire July 1, 1999:

1st Congressional District:

Mr. Charles E. Youngblood, 1572 Bay Tree Lane, Myrtle Beach, S.C. 29575-5254 VICE Jacob E. Smart

Referred to the General Committee.

Senator THOMAS introduced Dr. Patricia Westmoreland of Greenville, S.C., Doctor of the Day.

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

Columbia, S.C., January 23, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3225 -- Reps. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp: A CONCURRENT RESOLUTION TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.
Very respectfully,
Speaker of the House

Received as information.

H. 4419 -- Rep. Anderson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 81 FROM THE CITY LIMIT OF GREENVILLE TO THE POINT ONE MILE SOUTH OF THE CITY LIMIT IN GREENVILLE COUNTY IN HONOR OF BISHOP WILLIAM EDWARD FULLER, SR.

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

There was no objection.

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

On motion of Senator J. VERNE SMITH, with unanimous consent, the Resolution was adopted.

H. 4419 -- Rep. Anderson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 81 FROM THE CITY LIMIT OF GREENVILLE TO THE POINT ONE MILE SOUTH OF THE CITY LIMIT IN GREENVILLE COUNTY IN HONOR OF BISHOP WILLIAM EDWARD FULLER, SR.

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

The following were introduced:

S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.

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

S. 1055 -- Senators Greg Smith and Giese: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER'S LICENSES, BY ADDING ARTICLE 15, SO AS TO PROVIDE FOR THE GRADUATED LICENSING OF DRIVERS UNDER THE AGE OF EIGHTEEN AND TO PROVIDE THAT A DRIVER UNDER THE AGE OF TWENTY-ONE IS PROHIBITED FROM DRIVING OR ATTEMPTING TO DRIVE A MOTOR VEHICLE WITH ANY ALCOHOL CONCENTRATION, AS DETERMINED BY AN ANALYSIS OF THE PERSON'S BLOOD OR BREATH; TO AMEND SECTION 56-1-40, RELATING TO THE ISSUANCE OF DRIVER'S LICENSES AND BEGINNER'S PERMITS, SO AS TO DELETE THE PROVISION REQUIRING THAT A PERSON BE AT LEAST SIXTEEN YEARS OF AGE TO RECEIVE A VEHICLE DRIVER'S LICENSE OR PERMIT AND TO PROVIDE THAT NO LICENSE RENEWAL MAY BE ISSUED TO A DRIVER WHO IS SEVENTY-FIVE YEARS OF AGE OR OLDER UNLESS THEY SUCCESSFULLY COMPLETE AN ACTUAL DEMONSTRATION OF ABILITY TO EXERCISE ORDINARY AND REASONABLE CONTROL IN THE OPERATION OF THE TYPE MOTOR VEHICLE FOR WHICH RENEWAL OF THE LICENSE IS SOUGHT; TO AMEND SECTION 56-1-210, RELATING TO THE RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE EXAMINATION REQUIRED FOR RENEWAL OF A DRIVER'S LICENSE FOR ANY PERSON WHO IS SEVENTY-FIVE YEARS OF AGE OR OLDER SHALL INCLUDE AN ACTUAL DEMONSTRATION OF ABILITY TO EXERCISE ORDINARY AND REASONABLE CONTROL IN THE OPERATION OF THE TYPE MOTOR VEHICLE FOR WHICH RENEWAL OF THE LICENSE IS SOUGHT; TO AMEND SECTION 56-1-221, RELATING TO THE MEDICAL ADVISORY BOARD, SO AS TO PROVIDE THAT THE BOARD SHALL ASSIST THE DEPARTMENT IN DEFINING MENTAL OR PHYSICAL DISABILITIES AFFECTING THE ABILITY OF A PERSON TO SAFELY OPERATE A MOTOR VEHICLE AND IN DEVELOPING CODED RESTRICTIONS TO BE PLACED UPON DRIVERS' LICENSES OF PERSONS WHO ARE REQUIRED TO WEAR MEDICAL IDENTIFICATION BRACELETS WHEN OPERATING A MOTOR VEHICLE AND TO PROVIDE THAT ANY PHYSICIAN, PERSON, OR AGENCY HAVING KNOWLEDGE OF ANY LICENSED DRIVER'S OR APPLICANT'S MENTAL OR PHYSICAL DISABILITY TO DRIVE OR NEED TO OBTAIN OR TO WEAR A MEDICAL IDENTIFICATION BRACELET IS AUTHORIZED TO REPORT SUCH KNOWLEDGE TO THE DEPARTMENT; TO AMEND SECTION 56-1-270, RELATING TO THE SUSPENSION, REVOCATION OR RESTRICTION OF A DRIVER'S LICENSE ON RE-EXAMINATION ADMINISTERED FOR GOOD CAUSE TO BELIEVE THAT THE LICENSEE IS INCOMPETENT OR OTHERWISE NOT QUALIFIED, SO AS TO AUTHORIZE A RE-EXAMINATION WHEN A REPORT IS MADE PURSUANT TO SECTION 56-1-221; TO AMEND SECTION 56-1-460, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED OR REVOKED, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 56-5-2940, RELATING TO THE PENALTY FOR DRIVING UNDER THE INFLUENCE OF LIQUOR, DRUGS OR LIKE SUBSTANCES, TO REVISE THE PENALTIES; TO AMEND SECTION 56-5-2945, RELATING TO CAUSING A GREAT BODILY INJURY OR DEATH BY OPERATING VEHICLE WHILE UNDER INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 56-5-2950, RELATING TO THE IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC ROADS OF THIS STATE, SO AS TO PROVIDE THAT IT MUST BE INFERRED THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS AT THAT TIME EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD, RATHER THAN TEN ONE-HUNDREDTHS OF ONE PERCENT AND TO INCREASE THE PENALTY FOR REFUSING TO SUBMIT TO THE CHEMICAL BREATH TEST; TO AMEND SECTION 56-5-2990, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO REVISE THE PENALTIES; TO AMEND ARTICLE 37, CHAPTER 5, TITLE 56, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF VEHICLES, BY ADDING SECTIONS 56-5-5445 THOUGH 56-5-5510 SO AS TO CREATE A SYSTEM FOR THE INSPECTION OF VEHICLES, AUTHORIZING SAFETY INSPECTIONS BY LAW ENFORCEMENT OFFICERS FOR CAUSE, REQUIRING ANNUAL VEHICLE INSPECTIONS FOR CERTAIN VEHICLES REGISTERED IN THIS STATE, PROVIDING FOR THE LICENSING OF VEHICLE INSPECTION STATIONS, AND PROVIDING THAT AN INSPECTION STATION MAY CHARGE A FEE OF TEN DOLLARS FOR PERFORMING AN INSPECTION AND A FEE OF ONE DOLLAR FOR AN INSPECTION CERTIFICATE; TO AMEND SECTION 56-5-6540, RELATING TO ENFORCEMENT OF THE SAFETY BELT LAW, SO AS TO DELETE THE PROVISION REQUIRING SECONDARY ENFORCEMENT OF THE SAFETY BELT LAW; TO AMEND SECTION 59-39-100, RELATING TO THE ISSUANCE OF UNIFORM DIPLOMAS BY ACCREDITED SCHOOLS, SO AS TO PROVIDE THAT A HIGH SCHOOL STUDENT MUST SUCCESSFULLY COMPLETE A DRIVER EDUCATION COURSE BEFORE RECEIVING A DIPLOMA; TO AMEND SECTION 59-39-320, RELATING TO THE AUTHORITY OF THE STATE BOARD OF EDUCATION TO REGULATE HIGH SCHOOL DRIVER EDUCATION AND TRAINING COURSES, SO AS TO PROVIDE THAT THE BOARD SHALL REQUIRE A HIGH SCHOOL STUDENT TO COMPLETE SUCCESSFULLY A DRIVER EDUCATION COURSE BEFORE RECEIVING A DIPLOMA AND TO PROVIDE THAT THIS COURSE SHALL COST TWENTY DOLLARS, TO BE PAID FOR BY THE STUDENT AND THE PROCEEDS OF WHICH MUST BE DIVIDED EQUALLY BETWEEN THE STATE AND THE SCHOOL DISTRICT; AND TO REPEAL SECTION 56-1-50, RELATING TO BEGINNER'S PERMITS, AND SECTION 56-1-180, RELATING TO SPECIAL RESTRICTED LICENSES FOR CERTAIN MINORS.

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

S. 1056 -- Senators Setzler, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER IN PUBLIC SERVICE OF MR. MILTON W. (MILT) DUFFORD OF THE DEPARTMENT OF PUBLIC SAFETY UPON HIS RETIREMENT AS DIRECTOR OF THE DIVISION OF MOTOR VEHICLES AND EXTENDING TO HIM THEIR BEST WISHES FOR A HAPPY, HEALTHY, AND PRODUCTIVE RETIREMENT.

Whereas, the members of the General Assembly note that Mr. Milton W. (Milt) Dufford, Director of the Division of Motor Vehicles of the Department of Public Safety, is retiring after a long and distinguished career of public service; and

Whereas, Mr. Dufford, a graduate of the public schools in Cameron in Calhoun County, who earned a B.A. degree in mathematics from Newberry College in 1961 and a M.S. degree in computer science from the University of South Carolina in 1980, began his career as a junior computer programmer at the South Carolina Highway Department in 1962 and rose through the ranks through 1967 when he had a three-year hiatus on the faculty of Greenville Technical College; and

Whereas, Mr. Dufford returned to the Department in 1970 to take up the position of data processing administrator, in 1985 becoming Director of Administration. In 1988 he assumed the position of Director of the Division of Motor Vehicles, seeing that vital organization through the sweeping restructuring and reorganization of state government and assisting in the vital tasks of ensuring that the motoring public was not inconvenienced by the dramatic administrative changes put in motion in 1993; and

Whereas, in his professional life, Mr. Dufford has been recognized by his peers across the country by his service in important leadership capacities with the American Association of Motor Vehicle Administrators; and

Whereas, in addition to the heavy responsibilities of public service, he has made time for service on the Lexington County School District No. 2 Vocational Advisory Council, as committee chairman for Troop 339 of the Boy Scouts of America in Cayce, and as a faithful member of the Transfiguration Lutheran Church in Cayce; and

Whereas, it is appropriate for the members of the General Assembly to pause in their deliberations so that they may honor the contributions to the people of this State of this distinguished son of South Carolina who has brought honor and credit to the high calling of public service. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly expresses appreciation for the distinguished career in public service of Mr. Milton W. (Milt) Dufford of the Department of Public Safety upon his retirement as Director of the Division of Motor Vehicles and extends to him their best wishes for a happy, healthy, and productive retirement.

Be it further resolved that a copy of this resolution be forwarded to Mr. Milton W. (Milt) Dufford.

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

S. 1057 -- Senators Wilson and Lander: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MR. HERSHEL A. MURRY OF CHAPIN WHO DIED SATURDAY, JANUARY 13, 1996.

The Senate Resolution was adopted.

S. 1058 -- Senators Short, Peeler, Lander, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY AND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE HONORABLE JAMES M. ARTHUR, SR. OF UNION COUNTY, A PROMINENT CIVIC LEADER AND FORMER LEGISLATOR, UPON HIS DEATH.

Whereas, the members of the General Assembly were saddened to learn of the death of James M. Arthur, Sr. of Union on Sunday, January 21, 1996, at the age of seventy-eight; and

Whereas, he was a native of Union and a devoted husband and family man to his wife, four children and many grandchildren; and

Whereas, he was a graduate of Wofford College and the University of South Carolina School of Law; and

Whereas, he gave selfless and distinguished service to the citizens of Union County and the State of South Carolina in the House of Representatives from 1954 to 1964 and from 1972 to 1988; and

Whereas, he was known, admired and revered as a man of unshakable character and unquestioned integrity; and

Whereas, he gallantly served his country in the U.S. Navy during World War II with twenty-three months' service aboard the U.S.S. McNair as a radarman in the Pacific Theatre of Operations; and

Whereas, he served his community as a member of Masonic Lodge 75, Union; as a Shriner, as a member of the Sertoma Club, the American Legion, the Veterans of Foreign Wars and was a member of Bethel United Methodist Church; and

Whereas, his death represents a tremendous loss to the citizens of Union County and, in truth, the State of South Carolina; and

Whereas, the General Assembly wants the members of his family and many friends to know they are in our utmost thoughts and prayers during this difficult time. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly of the State of South Carolina, by this resolution, express profound sorrow at the death of the Honorable James M. Arthur, Sr. of Union and extends the deepest sympathy to the members of his family and many friends.

Be it further resolved that a copy of this resolution be forwarded to Mr. Arthur's family.

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

H. 4482 -- Rep. D. Smith: A CONCURRENT RESOLUTION CONGRATULATING SPARTANBURG HIGH SCHOOL ON WINNING THE 1995 CLASS AAAA, DIVISION 1 STATE FOOTBALL CROWN.

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

H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.

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

H. 4455 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY, SO AS TO CHANGE THE POLLING PLACE IN THE EDGEMOOR PRECINCT FROM THE OLD EDGEMOOR SCHOOLHOUSE TO THE EDGEMOOR COMMUNITY PARK.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

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

S. 823 -- Senators Wilson, Stilwell, Jackson, Martin and Lander: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL COURT MAY ORDER RESTITUTION IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE COURT.

Ordered for consideration tomorrow.

Senator ALEXANDER from the Committee on Medical Affairs submitted a favorable report on:

H. 3751 -- Reps. Sandifer, R. Smith, Herdklotz, Sheheen, Sharpe, Jaskwhich, Fair, Simrill, Mason, Littlejohn, Cain, Hallman, Whatley, S. Whipper, Vaughn, Easterday, Trotter, Huff, Rice, Keyserling, Limehouse, Allison, Wells, D. Smith, Kinon, Seithel, Fleming, Robinson, Marchbanks, Witherspoon, Meacham, Cromer, Davenport, Lanford, Cato, Tripp, Boan, Martin, J. Young, Askins, G. Brown, Tucker, Haskins and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE TRANSFER OF PRESCRIPTIONS BETWEEN ONE PHARMACY IN THIS STATE AND ANOTHER FOR THE PURPOSE OF SECURING ONE REFILL OF THE PRESCRIPTION AT THE RECEIVING PHARMACY, AND TO PRESCRIBE THE TERMS AND CONDITIONS FOR SUCH TRANSFER.

Ordered for consideration tomorrow.

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. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.

(By prior motion of Senator SHORT)

S. 918 -- Senator Jackson: A BILL TO AMEND SECTION 53-1-160 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF SUNDAY WORK PROHIBITIONS BY COUNTIES, SO AS TO DELETE THE REQUIREMENT OF HOLDING A REFERENDUM IN A COUNTY WHICH QUALIFIES FOR THE EXEMPTION PROVIDED IN SECTION 53-1-150 AFTER MAY 8, 1985.

S. 236 -- Senators Russell and Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.

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

There was no objection.

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

On motion of Senator BRYAN, the Bill was recommitted to the Committee on Judiciary.

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

On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JIC\5990HTC.95) previously proposed on May 11, 1995, by Senators LEATHERMAN, DRUMMOND, J. VERNE SMITH and JACKSON.

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

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

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

S. 656 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-25 SO AS TO PROVIDE IF A MEMBER OF THE GENERAL ASSEMBLY RESIGNS OR IS EXPELLED, HE MUST REPAY ANY COMPENSATION RECEIVED ON A PRO RATA BASIS, AND PROVIDE THAT, IF HE DOES NOT, THE COMPTROLLER GENERAL SHALL WITHHOLD THAT AMOUNT FROM ANY RETIREMENT BENEFITS HE RECEIVES.

H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; AND TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS.

S. 2 -- Senators Passailaigue, McConnell, Ford, Land, Mitchell, Waldrep and Elliott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE THAT A PORTION OF THE REVENUE DERIVED FROM THE LOTTERIES BE USED FOR THE PURPOSE OF PROVIDING POST SECONDARY EDUCATIONAL SCHOLARSHIPS TO ELIGIBLE STUDENTS AND REDUCING OR ELIMINATING THE AD VALOREM TAX MILLAGE LEVIED ON A LEGAL RESIDENCE FOR THE OPERATING BUDGET OF EACH SCHOOL DISTRICT.

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

Senator PASSAILAIGUE spoke on the Joint Resolution.

On motion of Senator DRUMMOND, the Joint Resolution was recommitted to the Committee on Finance.

S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.

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

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

S. 760 -- Senator Moore: A BILL TO AMEND SECTION 40-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS CONSTITUTING THE PRACTICE OF PSYCHOLOGY, SO AS TO INCLUDE PRACTICING PSYCHOLOGY.

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

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

H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

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

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

H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.

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

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

H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD.

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

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

S. 260 -- Senators O'Dell, Bryan, Elliott, Land, Leatherman, Leventis, Martin, McGill, Waldrep, Washington, Hayes, Reese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-665 SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION SHALL CONSTRUCT AND MAINTAIN TURNING LANES ENTERING AND EXITING SECONDARY PUBLIC EDUCATION FACILITIES.

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

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

S. 267 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGE FORECLOSURE, BY ADDING SECTION 29-3-800, SO AS TO PROVIDE THAT CONTRACTUAL PROVISIONS FOR ATTORNEY FEES IN THE AMOUNT OF A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT OF A MORTGAGE OR NOTE ARE UNCONSCIONABLE, THAT IN FORECLOSURE ACTIONS THE COURT MUST MAKE A FINDING AS TO THE REASONABLENESS OF ATTORNEY FEES NOTWITHSTANDING ANY CONTRACTUAL PROVISION THAT WOULD AWARD ATTORNEY FEES AS A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT, AND THAT PARTIES TO A FORECLOSURE ACTION MAY AGREE TO THE AMOUNT OF ATTORNEY FEES DUE, AND IN THE EVENT THE PARTIES REACH SUCH AN AGREEMENT, THE COURT IS NOT REQUIRED TO MAKE A FINDING AS TO THE REASONABLENESS OF THE ATTORNEY FEES.

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

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

S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.

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.

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

S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY AND TO DELETE AN OBSOLETE REFERENCE.

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.

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

S. 742 -- Senator Matthews: A BILL TO AMEND TITLE 59, CHAPTER 127, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO CREATE A SPECIAL SCHOOL DISTRICT AT SOUTH CAROLINA STATE UNIVERSITY, THE FELTON LABORATORY SCHOOL DISTRICT, TO ESTABLISH ITS BOARD AND THE BOARD'S DUTIES AND FUNCTIONS, AND TO PROVIDE FOR FUNDING FOR THE DISTRICT AS PREVIOUSLY APPROPRIATED TO THE FELTON LABORATORY SCHOOL.

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

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

S. 325 -- Senators Hayes and Wilson: A BILL TO AMEND SECTION 14-7-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PEREMPTORY CHALLENGES FOR DEFENDANTS AND THE STATE IN CRIMINAL CASES, SO AS TO EQUALIZE THE NUMBER OF PEREMPTORY CHALLENGES ALLOWED TO DEFENDANTS AND THE STATE IN CRIMINAL CASES.

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

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

S. 320 -- Senator Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-90, SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY BY ORDINANCE IMPOSE A FEE ON THE TRANSFER OF REAL PROPERTY, AND TO PROVIDE CERTAIN CONDITIONS UNDER WHICH THE FEE MAY BE IMPOSED.

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

Senator WILSON argued contra to the adoption of the amendment.

Senator CORK spoke on the amendment.

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

S. 409 -- Senators McConnell, Drummond, Passailaigue and Mescher: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING CHAPTER 22 SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.

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

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

S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.

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.

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

S. 788 -- Senators Jackson, O'Dell, Patterson, Waldrep, Russell, McConnell, Drummond, Land, Ryberg and Matthews: A BILL TO AMEND ARTICLE 1, CHAPTER 25, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-30 SO AS TO PROVIDE THAT BUS SHELTERS MAY BE ERECTED AND MAINTAINED WITHIN THE RIGHTS-OF-WAY OF PUBLIC ROADS UPON AUTHORIZATION OF THE APPROPRIATE GOVERNMENTAL AUTHORITY, AND TO PROVIDE FOR THE MANNER IN WHICH ADVERTISING MAY BE PLACED IN THESE BUS SHELTERS.

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

Senator COURTNEY proposed the following Amendment No. 1 (JUD0788.001):

Amend the bill, as and if amended, page 1, line 37, in Section 57-25-30, as contained in SECTION 1, by inserting after the word /located./ the following:

/Notwithstanding any other provision of law, a bus shelter erected and maintained under this section and located within three hundred feet of a public or private elementary, middle, or secondary school situated within a municipality or within five hundred feet of any public or private elementary, middle, or secondary school situated outside a municipality must not promote alcohol, tobacco, or any illegal product or service. Distance restrictions shall be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of the school./

Amend title to conform.

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

On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to recede until 6:45 P.M. to reconvene in the Koger Center for the Arts for the purpose of the Joint Assembly and, upon completion of the Joint Assembly, the Senate would stand adjourned to meet Thursday, January 25, 1996, at 11:00 A.M.

At 12:22 P.M., the Senate receded for the purpose of attending the Joint Assembly.

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

The PRESIDENT appointed Senators DRUMMOND, CORK, JACKSON, THOMAS and WILSON to escort the Honorable David M. Beasley, Governor of South Carolina, and members of his party to the Koger Center for the Arts for the purpose of attending the Joint Assembly.

At 7:00 O'clock P.M., the Senate appeared in the Koger Center for the Arts.

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 Honorable David M. Beasley and members of his party were escorted to the rostrum by Senators DRUMMOND, CORK, JACKSON, THOMAS and WILSON and Representatives Byrd, Kelley, Jennings, Meacham and Wright.

The PRESIDENT of the Senate introduced the Honorable David M. Beasley, Governor of the State of South Carolina.

The Governor addressed the Joint Assembly as follows:

Mr. Speaker, Mr. President, ladies and gentlemen of the General Assembly, my fellow South Carolinians, it is my honor to appear before you to update you on the state of our State. Welcome to the Koger Center. I know some of you vowed to throw me out of the State House, but I didn't know it'd be so soon. I welcome you back to work.

For the first time in several decades, one of our most accomplished leaders is not with us tonight. I ask that you rise in a moment of silence in memory of our friend, Senator Marshall Williams.

I want to congratulate another distinguished senator, elected by his colleagues President Pro Tempore. Senator Drummond, I pledge to you my cooperation, and in light of your elevated position, I want you to know that my fishing pond in Society Hill is open to you any time.

Tonight I will discuss some problems which cannot be ignored and also some successes which should not be ignored. The bottom line is this: The work that you have done, first with Governor Campbell and now with me, has made South Carolina a major player in the global economy.

NationsBank economists report that our exports have doubled the national average since 1987. For the third quarter First Union reported that our economy outperformed the national average, and Everen Securities ranked us third strongest in the country.

This state's sustained effort to raise the quality of life is penetrating racial and socio-economic barriers, providing hope and opportunity for citizens who have had neither. The Census Bureau ranked South Carolina third in the nation in percentage increase of black-owned businesses and first in reducing poverty. Households needing food stamps are down nearly five percent for the latest reporting period. AFDC payments are down almost nine percent.

These accomplishments are a result of a decade of visionary work by political leadership of both parties who have stayed the course through prudent use of limited resources. And I want to tell the people of South Carolina that the men and women in this room deserve much of the credit. You were active participants in 1995 as new investments broke all-time records, international and rural investment reached historic levels, while new jobs hit a 30-year high.

Ladies and gentlemen, we cleaned clock last year. The figures are mind-boggling: 5.4 billion dollars in capital investment; 24 thousand jobs, paying 27 percent better than the average for all industries; rural investment breaking the billion dollar mark for only the second time in history.

Teamwork did it. The Cabinet you approved gave me the key decision-makers to put deals together. The Enterprise Zone Act you passed gave us the framework, netting 2.6 billion dollars in investment and 12 thousand jobs.

Of course, there are some who chalk it up to luck of a decent national economy. The truth is that federal budget problems threatened this state's future with thousands of job losses at the Charleston Naval Base and Savannah River Site. There are few states in the nation that could take those blows and still have record economic growth.

We did it because this legislature and governor believe prosperity comes before politics, and when it comes to improving the quality of life by creating jobs, we are one.

Our successes go beyond economics. There are other victories to build on. A sustained effort involving government, physicians and business has made South Carolina a leader in fighting childhood diseases which cripple and kill.

We are number one in the nation in immunizing two-year-olds, and we ought to be proud of that. A similar public-private sector partnership reached a milestone last year. The Caring for Tomorrow's Children program, working cooperatively with DHEC, is saving lives. Ladies and gentlemen, we have reduced infant mortality 26 percent in five years.

It's important to remind ourselves of these accomplishments. That we can compete with any state for jobs... that we can reach the top in immunizations and cut infant mortality... validates more than policy. It validates us as a people.

We still have problems: too much poverty; lackluster performance in some school districts; pockets of economic stagnation; too many children without hope. But as we address these problems, let us remember our accomplishments. If we can come as far and as fast as we have on the world economic stage, then there is no problem that we cannot solve together.

These achievements have been realized because we understand the responsibilities and limitations of government, and we also understand that a vibrant private sector is essential to improving the quality of life. Last year we set new economic development records, cut government waste, passed the largest tax cut in history, maintained commitment to public education, cracked down on violent offenders and started the transition from welfare to work. You can tell your children and grandchildren that you were a part of one of the most important sessions in history.

Changes that we set in motion have led to a new attitude in government, a new cooperative spirit. DHEC and the business community have worked out a fee system to fund environmental programs and expedite permit applications, proving that agencies and business can cooperate.

The Department of Commerce has created the Community Development Division to help rural South Carolina grow, and there's renewed emphasis on expanding home-grown businesses.

There's also a new attitude at Social Services, which will implement this year the Family Independence Act. We began pilot reforms last fall in Charleston. Immediately there was a huge increase in the number of people going to the Department of Social Services - not for welfare, but for work.

Not long ago the Department of Social Services was frozen by internal warfare. Today DSS, from the counties to the State, is one unit bent on a mission. We are changing the culture of the welfare bureaucracy that too often treated people callously, feeding their sense of frustration.

There's a new rule at the Department of Social Services: Every client will be treated with dignity and will have the opportunity to rise above his or her circumstances. Likewise, we expect the same attitude from the clients as we move from a system that generated dependency to one which promotes self-sufficiency.

The transition won't be easy since we are changing 30 years of habit. But we will meet those on welfare more than halfway. We will do everything within our power to clear the path from welfare to work, but those on welfare must walk that path themselves.

While we expect adults to make the right choices, children have no choice. We have made significant progress in reforming state government, but children's services need our attention. Twenty-four state agencies and offices have child-related functions. A child with special needs may go unserved for months while parents try to break the code of children's services. Parents tell me that not only are too many agencies a problem, but the bureaucracy they have to deal with is a nightmare. Forms and people and procedures are endless.

Accordingly, I have instructed my staff and Cabinet to work with you, child advocates and other agencies to find ways to streamline and, if necessary, consolidate children's services so that we may be a help, not a hindrance, to the families who need us.

Emerson said, "What we do speaks louder than what we say." All of us want to encourage family self-sufficiency and responsibility. Yet state agencies that work with families and children are open only during normal working hours. This makes it difficult and often impossible for working people to get help.

State government is a service to the people. Therefore, I am asking all agencies that deal with families and children to find ways to stay open until 7 p.m. during the week and to consider opening on Saturday mornings to make government more consumer-friendly.

As we work to protect all children, we sadly face the reality of having to protect society from some of the children. Juvenile violence is a national crisis and defies simplistic solutions that some propose. It's more than poverty or lack of opportunity or any other one thing. Its roots are embedded in a moral breakdown that encompasses the material, as well as the spiritual.

I, quite frankly, don't have all the answers and don't know anyone who does, but I do know our juvenile justice system needs immediate attention. I am proposing 29 million dollars for facility construction and improvements which comply with the court order to relieve overcrowding. Moreover, I've appointed a Juvenile Justice Task Force of law enforcement, family court judges and other distinguished citizens to help us find solutions.

The task force is going beyond incarceration and looking at the broader problems among at-risk youth to get at the root causes of crime. Our challenge is to reach young people before it's too late.

You took a bold stance last year against adult offenders - two strikes and you're out for violent offenders - three strikes and you're out for nonviolent criminals. The Department of Corrections has revised its mission to protect the public and instill discipline. Inmates are required to work, many alongside interstate highways picking up litter. Uniforms are being handed out and haircuts are required.

Our message to would-be criminals - young and old alike - is that prison life is tough, and you don't want to be there. I'm hopeful this message is getting through, especially to the young people. But as we send a stern warning, we must also be extending a message of hope to the children.

Plato dreamed of the young people in his day dwelling "in a land of health, amid fair sights and sounds, receiving good in everything." Would that we be such noble dreamers. And though we can never assure that all children receive good in everything, we can work toward the goal of every child receiving the good in some things.

Physical security and health, education, economic opportunity. These are more than noble dreams; they are moral imperatives.

We have established beyond doubt our ability to compete globally for jobs, but what about 10 years down the road? The skills have to be there, or the jobs won't be. In five years, more than half of the jobs in the United States will require skills that only 22 percent of Americans now possess.

Accordingly, my budget devotes nearly a third of all new revenue, about 191 million dollars, to education. It reiterates time-tested commitments by fully funding the Education Finance Act and, most importantly, maintains our commitment to teachers by paying them at the southeastern average. We will not back away from these basic responsibilities.

My budget also anticipates the doubling of the size of the Governor's School for Science and Math. Here are some reasons why. Just 58 graduates last year were offered five million dollars in college scholarships. Nearly all graduates not only go to college, but pursue advanced degrees. And understand this: every student, regardless of household income, is on scholarship. Merit is the only criterion.

But there are more applicants than room. It is time to take this unqualified success story to another level by doubling its size and making this unique program available to more deserving students. The world demands scientists and engineers who understand technology, but humanity demands the writers and artists who understand the world.

I ask you to appropriate six million dollars to provide the basis for a private match to create a year-round Governor's School for the Arts and Humanities in Greenville. These schools represent positive change, and we should not fear change. The Chamber of Commerce has proposed further reform whose time has come. I endorse the chamber's proposal to create charter schools in South Carolina.

Last year you and I made a decision that was critical for the environment and education. We left the Southeastern Low-Level Nuclear Waste Compact after North Carolina reneged on its commitment to site a facility, leaving South Carolina in an environmental crisis.

We faced the possibility of closing the one safe, regulated, scientifically-engineered facility in Barnwell, and the opening of less safe, less regulated and less scientifically-engineered facilities in communities all across South Carolina. We made the only choice that ensures public health and safety.

We also chose to use the funds generated from Barnwell for the Children's Education Endowment: hundreds of millions for college scholarships and school renovation beginning this year.

We have been criticized and demagogued for these decisions, but let me be politically incorrect: These critics are the same voices who give lip service to improving education but never deliver.

The Children's Education Endowment is action, not promises. It declares that we will no longer ask children to learn and teachers to teach in schools that are falling apart. And with money for college scholarships we will not sit back and watch our children going to other states for their education. We'll keep them here at home where we need them.

Since 1984 the people of South Carolina have paid three billion dollars in higher sales taxes to improve our schools. Progress has been made, but no one is satisfied. While some of our schools can compete with anybody, others are languishing in mediocrity.

Much of it has to do with home life and schools being asked to bear responsibilities borne in other generations by parents. Inadequate resources certainly are a part of the problem for some schools; but reality is that try as we might, we will never be able to equalize the pool of talent available to each school district. Because of their location and a host of other factors, some districts will always have an advantage in recruiting talent. We are beginning to address school infrastructure needs with the Children's Education Endowment.

But infrastructure is more than physical plants. It's technology. Today it's possible to offer every student advanced placement courses, specialized instruction, and master teachers, regardless of location. Through the use of multi-channel and satellite programming from ETV, we can link every school with state-of-the-art technology that opens the door to 21st century jobs.

Just think what it would mean if every high school had interactive access to the highly specialized courses taught at the Governor's School for Math and Science. Imagine the possibilities of making our best and brightest teachers available to every school. Computers, laser disks and interactive video are the blackboards of tomorrow.

Dr. Nielsen, in partnership with business, has developed a state technology plan for every school. The Education Department's plan suggests that telecommunications links, video resources, and teacher training are the building blocks for school technology. These things are possible, ladies and gentlemen. As they say in school, it's show and tell time.

(Governor performs technology demonstration)

We have the technology to do this. We have lacked the commitment. Tonight I ask you to make this commitment by putting 20 million dollars to the first phase of our plan to give every child in South Carolina access to real equal educational opportunities. And I ask you to commit to a 100 percent computer and satellite link-up within four years.

But let's return from cyberspace to earth for a minute. About 408 thousand South Carolina children use school buses. Much of the fleet needs replacing. We have been operating some of these buses off borrowed time. Time has run out.

One hundred million dollars will buy 1,800 buses. I ask you to issue an emergency bond bill for 100 million dollars devoted solely to new school buses. The safety of our children must come first.

At the same time, we must revisit the role of higher education. Funding is, of course, critically important, and I am proposing substantial increases in recurring dollars, giving more stability to funding sources; but money without a strategy and accountability is not good stewardship.

The Higher Education Study Committee is conducting a comprehensive review due next month. The committee is rightly targeting economic development, academic quality, cooperation between higher education and the business community, and performance-based funding.

The committee's work will provide key direction, but let me just say a couple of things. There is intrinsic value in education. But there is more value in an education that understands business, works with business, and prepares the students to succeed in business. Cooperation between higher education and the business community should not be optional.

And one more point - the technical education system is a critical factor in economic development. I oppose any effort to change its mission.

Tonight I've discussed how to give our children knowledge, but knowledge without wisdom is like a ship without a rudder. Wisdom, after all, is understanding how to use knowledge constructively. Too many children have never been taught basic character traits such as honesty, responsibility, and respect. They don't get it in the homes, and they take it out on the public schools.

It seems to me that we have two choices. One is to act as though virtue does not exist and maintain a value-free school environment. The other is for South Carolinians to coalesce around a set of principles that historically have defined what it means to be a good person, and let parents and educators at the local level decide whether and how to teach them.

For more than a year, the Department of Education has been holding hearings around the State with parents, religious leaders, and teachers. A curriculum has been devised which encompasses positive character traits which most everybody agrees with.

From the ancient Greeks to our founding fathers, moral instruction was an essential component to education. The courts have chipped away at such instruction, and we're paying a price for it. Character education is no substitute for parents or clergy, and it never will be. But given the courts' complete misinterpretation of the church-state doctrine, it's all we can do in public schools and it merits consideration.

Tonight I've outlined my vision for the future of education. But the challenge of continuing to attract world-class companies is imminent. The Coordinating Council for Economic Development will need 30 million dollars this year for infrastructure improvements. The payoff could be huge, in the billions.

Maintaining momentum in job creation requires an infrastructure focused on education and economic development, but we also must have the highway infrastructure in place.

Last year we added 24 million dollars to revenues available to the Department of Transportation. This year I will propose redirecting other revenues. These collective changes will give us 66 million dollars more for roads and highways over two years. That is equivalent to a three cent gas tax, but the difference is we're not raising taxes.

When Alexander the Great visited the philosopher Diogenes and asked whether he could do anything for him, the philosopher told the politician, "Yes, stand a little less between me and the sun." Ladies and gentlemen, I'm asking you for further tax cuts this year so that we may stand a little less between the people and the sun.

Make no mistake about it... tax cuts are economic development tools. That money doesn't go into a hole somewhere, never to be seen again. It flows back into the economy, producing jobs and, yes, taxes that allow government to function. The difference is that the people who earn the money are making the decisions about how to use it, not government.

But there's another reason to cut taxes. We say we want to help children and working families. We express concern about seniors living on fixed incomes and wanting to make South Carolina a retirement mecca.

We agree that we must remain competitive in the world market for high-paying manufacturing jobs. My tax cut package includes 37 million dollars more in property tax relief; ten million to continue the phase-in of tax relief for families with young children; ten million to begin the process of equalizing tax depreciation treatment of industrial and commercial property; and a four and a half million dollar tax cut to increase the exemption for senior citizens. What better way to express our priorities than by letting those who make the money keep more of it?

On another front South Carolina is preparing for a larger state role in Medicaid and other health issues. We do not have the luxury of waiting for a decision from Congress. We must move ahead. I have directed my staff to begin planning for these changes, not by protecting agency turf or privilege, but by constructing models that control costs and improve services with emphasis on prevention.

Tonight I've outlined for you the state of our State. Our accomplishments are significant, likewise our challenges. We are working to raise the standard of living through job growth and education. We seek to grow the economy, not tax it; reward initiative, not punish it; nurture achievement, not stifle it. But even if we succeed in leading the nation in all these things, and if our children have not learned to do justice and practice mercy, then we will have failed.

I have appointed a panel to assess race relations. We don't need to be told there are problems. We need this group to help us find solutions, not only solutions which we can legislate on paper, but ones which can be written on the tablets of the human heart.

What Samuel Johnson wrote is true: "How small, of all that human hearts endure, that part which laws and kings can cure." In the end, a people are judged not by how they treated the elite among them, but the least among them.

Tonight I am announcing that we will create a private, nonprofit foundation called The Putting Families First Foundation. I will use the money left over from my inauguration fund, about 200 thousand dollars, as seed money to hire a director, establish an office, and recruit a governing board.

The Putting Families First Foundation has one purpose: to encourage every church, every synagogue, every civic club and organization to adopt a welfare family... and help that family make the transition to independence.

We will provide more than encouragement. There will be training tools and educational materials available. The Department of Social Services will work with these groups to match need with resources.

Tonight I am asking all South Carolinians to consider this. Virtually every church and synagogue has a wealth of talent that welfare families need: workers who can teach skills for children; doctors who can heal; business people who can teach budgeting. The talents available in every house of worship and civic club are exactly what welfare families need.

This concept is not new. Those reaching out to the least of these are at work across this State every hour of the day. The Putting Families First Foundation seeks to build upon the goodwill already present, to marshall it and expand it, to build a community of compassion, destroying barriers and building bridges, melting hearts and changing lives.

I've been associated with this great body called the General Assembly for 18 years. Your job gets tougher. The critics are louder and the hours longer. But your dedication has put us in the position to break out of the old patterns of mediocrity.

Everything I've discussed tonight is within our grasp, ladies and gentlemen. I'm confident. I'm confident in our people and in you.

I consider it an honor and privilege to welcome you back to Columbia and work with you for another banner year. May God bless our efforts and may God bless South Carolina.

The purpose of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon, by prior motion of Senator DRUMMOND, the Senate stood adjourned to reconvene on Thursday, January 25, 1996, at 11:00 A.M.

On motion of Senators SHORT, PEELER and LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable James M. Arthur, former member of the House of Representatives, from Union County, S.C.

At 7:46 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Monday, June 29, 2009 at 1:57 P.M.