Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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Printed Page 231 . . . . . Wednesday, January 11, 1995

THE 91ST INAUGURAL OF THE

GOVERNOR OF SOUTH CAROLINA

GOVERNOR DAVID M. BEASLEY

INAUGURAL ADDRESS

I stand before you today humbled by the awesome responsibility of this office but confident in the system and the people of South Carolina. Standing at the top of these grand stairs moments ago, my mind raced through South Carolina history. I thought about the 112 people who came before me - some during wars - others during economic uncertainties. But through it all, they and their people persevered. They did it with hard work, with vision and with boundless faith in their destiny as a people - a people called South Carolina. Our rich heritage of leaders is unbroken. For about three decades one man has served the people with dedication and integrity and his wife has been right there all along. I want to thank Nick and Emilie Theodore for their fine contributions to our State and ask that you join me in thanking them. There's another couple I want to recognize. Two teenagers from Greenville discovered each other some time back. I dare not say how long ago it was. But time has been good to them and to the people they served in the legislature, Congress, and the Governor's Office. Carroll Campbell is leaving office the highest rated Governor in America. He has taken us to new economic heights. His leadership saved lives. His stewardship reformed government. Because of programs he and Iris championed, fewer babies are dying at birth and more children are being immunized. There's not a person in this State who has not been touched by their leadership. To Carroll and Iris Campbell, I say the people of South Carolina love you dearly and on behalf of them thank you for everything you've done. The last two years were a wonderful education for Mary Wood and me. Ours was the privilege of getting to know South Carolina one community, one street, one family at a time. Yes, we are a diverse lot, we South Carolinians. But, even though we are of different religions, races, and politics, we can agree that before the institution of government, there was another institution already created. It was the institution of family. Let us agree that it's time to put families first in South Carolina. We will put families first by declaring that government exists to serve them not vice versa. We will put families first by making sure that decisions made around government conference tables do not conflict with decisions made around family dinner tables. Our highest calling is not to perpetuate bureaucracy but to offer opportunity. State government is poised to provide such opportunity as never before. For the first time some of the most important agencies in government are directly accountable to the people because they


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answer to the governor elected by the people. We have initiated fundamental change in the structure of our government. Now we must initiate fundamental change in our philosophy of governing. I have instructed every agency under my direction to examine every policy and program with several questions:

Are they needed?

How can they be carried out more efficiently?

and, the most important question - Is every program and policy pro-family and pro-business? We will reject policies that hurt our efforts to create jobs and rebuild families. There are other changes in which agencies under my direction do business. As a legislator, I was appalled by turf protecting and narrow-minded bureaucrats who competed for scarce tax dollars. The big picture did not seem to matter to some. Elected officials were constantly thwarted by special interest groups promoting their own agendas. This often led to overlap and duplication. No longer. Agencies under my direction will work together. They will work for the people, not themselves. They will be in tandem with the governor in providing opportunity, and they will get out of the way as individual initiative flourishes. That's a promise. The foundation of opportunity is an education and a job. You can't have one without the other. To the business community, I say that we will continue our efforts to maintain a climate in which you can create jobs and wealth which will benefit all of us. We will give you the skilled work force. We will be your partner to develop rural South Carolina. We will assure you of fair tax policy. We will grow our economy by helping business grow, not by following the pied pipers of higher taxes and gambling. And we must prepare our people to perform jobs the private sector creates. The average person changes jobs seven times in a lifetime. Our technical, vocational, and university systems must be retooled to accommodate the demands of an information-based society. Our public schools must be adequately funded, our teachers adequately paid, to prepare our children to enter the world of technology...and we must embrace innovation in the schools. But opening the school doors to innovation does not require closing the doors on time-tested principles. C.S. Lewis, the Oxford don, wrote, "We make men without chests and expect of them virtue and enterprise. We laugh at honor and are shocked to find traitors in our midst." Thirty years of value free social experimentation in society at large and the public school system have heaped disaster upon disaster...a virtual moral meltdown. Value free means that nothing is right and nothing is wrong. If, then, there is no right and wrong, no ultimate truth, there are no parameters. And if there are no parameters, then anything goes. Juvenile


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crime, school violence, educational mediocrity, illegitimate births, deadbeat dads, crack babies...all are logical consequences of a society that accepts anything. But on November 8th, the people of South Carolina and our nation spoke in one voice. They declared independence from a morally neutral society and they expect government to act nobly and now! Government has been part of the problem, not by what it has said, but by what it has done. We are repulsed by school violence and undisciplined children, yet flirt with new age doctrines that encourage the very habits we detest. We demand character and virtue in our children, yet shrink from character education because a few judge such teaching politically incorrect. We give lip service to reducing government and letting wage earners keep more of what they earn, yet propose tax increases to offset reductions of other taxes. We exalt family, yet promulgate policies which encourage family break-up. We say that personal responsibility and hard work are virtues, yet perpetuate a welfare system in which neither is required. We say it's wrong to have babies out of wedlock, yet financially reward those who do. We say crime does not pay, yet build a prison system in which crime and punishment have little correlation. If ever putting families first is to be more than political rhetoric, if ever society is to reclaim the moral high ground, if ever our children are to walk in goodness, justice and mercy, then our deeds must match our words. Ladies and gentlemen, today we begin. In a democracy every voice is heard, every right respected. I pledge to you that my administration will reach out to all of South Carolina and seek the best and brightest wherever they may be. Yet, there are some guiding principles. While we reaffirm religious liberty for all, historical truth teaches the Judeo-Christian ethic as the guiding light that made America great and can make America great once again. We seek not the lowest common denominator which drags everyone down but the highest of standards which lifts everyone up. In South Carolina we will honor excellence. We will exalt character. We will cherish virtue. We will once again, by words and deeds, place a premium on the individual...each person a unique moral agent, capable of making choices and accepting responsibility for those choices. And most importantly, we will acknowledge the image of God in every man, woman, and child. Government has been part of the problem and it can be part of the solution. But there are limits. Samuel Johnson wrote, "How small, of all that human hearts endure, that part which laws or kings can cause or cure." Many of today's social disorders are matters of the heart and government can't change a human heart. The answers to the problems vexing society today are in the homes of South Carolina. Homes where
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children are trained up in the way they should go, where values are taught, where God is worshipped. Homes, to paraphrase the prophet Malachi, in which the hearts of parents have been restored to their children, and the hearts of the children have been restored to their parents. But human history tells us that no matter how hard we try, loneliness and poverty and hopelessness will be constant companions for many. At all of our inaugural activities we are asking people to bring items needed by children's homes across the State. Those items will meet immediate needs. But I'm doing it for a more important reason. I want every child to understand something. Regardless of your circumstances I want you to know that we love you, God loves you and we will do everything within our power to be the family that you don't have. The French social philosopher, Alexis de Tocqueville, came to America in the 1830's to find out what made this country so great, so fast. He concluded that America is great because America is good. But he warned that, if America ever ceases to be good, it will cease to be great. He found the key to greatness not in the halls of government, important as that is, but in the churches, the homes, the communities, the hearts of the people. In so many ways South Carolina has been at the forefront of American history; but perhaps our most important contribution to the nation is that we have not turned our back completely on family and tradition and faith. I'm optimistic about the future because we don't have to debate the problems. We know what they are because of the virtues we share as a people. Our challenge is to find solutions - in government - in the family - in the school rooms and board rooms and churches and synagogues. With hard work, cooperation, and the grace of God, we will build a South Carolina that is good and strong and noble. We will put families first. Thank you and God bless you.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:


H. 3226 -- Rep. T. Brown: A CONCURRENT RESOLUTION CONGRATULATING THE CHOPPEE INDIANS FOOTBALL TEAM OF GEORGETOWN COUNTY ON WINNING THE 1994 STATE CLASS A FOOTBALL CHAMPIONSHIP.




Printed Page 235 . . . . . Wednesday, January 11, 1995

ADJOURNMENT

At 12:45 P.M. the House in accordance with the motion of Rep. LAW adjourned in memory of Glenn W. Rickborn, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 236 . . . . . Thursday, January 12, 1995

Thursday, January 12, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter


The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:


O God, it is easy to do right when it is easy, but, oh, so hard when it is difficult. Teach us to know that the only chance we have of doing what is right is by following Your will and relying on Your strength. So when we are tempted to run away from the storms of life, lead us straight into the paths You would have us to go. Hold us secure in our discipleship even when the shadows fall enabling us to hear clearly Your words of assurance: "I will never leave you, nor forsake you."

Thank You, Lord, for this privilege of prayer. Amen.


Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.


After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. FLEMING moved that when the House adjourns, it adjourn in memory of Michael and Alex Smith, which was agreed to.


Printed Page 237 . . . . . Thursday, January 12, 1995

R. 609, H. 4820--GOVERNOR'S VETO RECEIVED

AND DEBATE ADJOURNED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 29, 1994
The Honorable Robert J. Sheheen
Speaker of the House
State House
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Speaker and Members of the House:

I am hereby returning H. 4820, R-609, the 1994-95 Appropriations Act, with my vetoes.

Unlike previous years, revenues for next year's budget provide opportunities to fund numerous items which previously did not receive the desired level of financial commitment from the State. Nevertheless, I am concerned about some excessive spending commitments in both the Supplemental and General Appropriations Act which threaten to lead the State down an imprudent path.

I am pleased that the past eight budgets have not included general tax increases. However, there are several areas that concern me.

First, efforts by the General Assembly to increase appropriations for the Departments of Corrections, Juvenile Justice, and Probation, Parole, and Pardon Services underscore our financial commitment to provide the facilities and infrastructure necessary to house those individuals determined by the courts to require incarceration and other custodial programs. The Department of Corrections is receiving almost $24 million in additional funding in this budget while Juvenile Justice and Probation, Parole, and Pardon Services have received an additional $5.7 million and $5.9 million respectively.

I believe this budget clearly indicates the State's commitment to provide the necessary financial resources to remove itself from the 1986 consent decree entered into by the Department of Corrections in the Nelson v. Leake (Plyler v. Evatt) lawsuit. These funding levels should also help convince the Court in the current litigation involving the Department of Juvenile Justice (Alexander, et al. v. D.J.J., et al.) that the plaintiffs' request for relief are unnecessary. The appropriations include monies for new facilities, staffing, and alternative sentencing programs to reduce populations at existing adult and juvenile facilities. The General Assembly adopted legislation to limit offenders sentenced in magistrate's


Printed Page 238 . . . . . Thursday, January 12, 1995

court to the custody of county detention centers rather than state correctional facilities. Additionally, Community Control Centers established in 1993 are expanded. South Carolina has made the necessary legislative and financial commitments to demonstrate to the Federal Court that we are doing everything possible to adequately house those individuals who pose a threat to society.

Second, I am concerned about the budgetary commitments to new and unnecessary expenses which may impose long-term obligations on the State. These long-term obligations include new programs with goals that may be speculative at best and contrary to encouraging the preservation of families at worst. In my State of the State Address, I asked the General Assembly to amend our tax laws to double the exemption for each child under six years of age from $2,350 to $4,700, and you have done so. This is a good start toward relieving the economic strain on working families caused by taxes, but cannot alone stem the rising tide of juvenile crime and delinquency. Our laws should be further amended to provide incentives that encourage parents to provide the kind of attention and supervision that our children need to develop and mature into productive citizens. Instead of the State continuing to bear the increasing burden of trying to repair broken families after the damage has already been done, I believe that redirected funds should go toward measures which prevent the breakup of families and encourage family unity.

I strongly encourage the General Assembly to adopt additional family incentives to address the front end of this problem in future legislative sessions. The additional projected surplus for 1993-94 is estimated to be $20 million above the $174 million currently appropriated under the Supplemental Appropriations Bill. My vetoes from the General and Supplemental Appropriations Bills total $18 million. Those amounts combined equal $38 million that could be used by the General Assembly to design additional tax relief programs for families in South Carolina. I believe we should consider either extending the exemption to children over 6 years of age or further increasing the amount of per child exemption.

Of course, parental responsibility is paramount. But if the General Assembly continues to resist general tax increases and adopts similar tax relief measures for families, we will finally begin to address constructively some of the family pressures that threaten the future of our children. The State cannot be the surrogate parents of our youth, particularly after years of neglect, but it can provide economic incentives which give families greater freedom to care for and support their children.

Thirdly, Section 107 in Part II of the 1994-95 General Appropriations Act was intended to correct what I believe to be an unfortunate decision


Printed Page 239 . . . . . Thursday, January 12, 1995

in the case of Southeastern Freight Lines v. The City of Hartsville and SCDHPT, (Southeastern Freight Lines), Opinion No. 24054, filed April 25, 1994. I have agreed not to veto this proviso because the Office of Insurance Services of the Budget and Control Board has asked me not to do so because of the potential for courts to misinterpret my veto. Also, I am convinced that the amendment does not intend to increase the exposure of the State or its political subdivisions for tort claims actions. Second, I would not want our State Supreme Court to use the Southeastern Freight Lines case to expand the financial exposure of governmental entities beyond the $250,000 per incident statutory cap of South Carolina Tort Claims Act.

I believe the General Assembly acted responsibly by providing the necessary funds to eliminate existing deficits. I sincerely hope that the adoption of the language in Part IB, Section 17G.36, will ensure that other State agencies do not run deficits and provide additional safeguards to force appropriate cuts in expenditures. To permit this practice to continue, in effect, circumvents the constitutional requirement of a balanced budget. Additionally, as I review this Bill, I am concerned about an earlier decision to consolidate line items in the Appropriations Bill. While it does allow a clean document, it restricts a governor's ability to assert constitutional line item veto authority and could violate Art. IV, Section 21 of the South Carolina Constitution. Because of this, I have had to veto lines not directly related to my concerns simply to get a like amount of budgeted revenue.

My vetoes are as follows:
Veto 1 Part I, Section 16, Election Commission, page 53, line 24, Aid to County Boards of Registration - $220,300

The Election Commission received $700,000 for the updating of paper ballot counties to automated voting systems. I do not believe that there are enough paper ballot counties to warrant this total amount of money and believe $500,000 is a more appropriate sum. For that reason, I am vetoing this line. I do not intend to eliminate the function supported by the vetoed line, and I will support transfer requests to the Budget and Control Board to help the agency manage the reduction.
Veto 2 Part I, Section 20, Educational Television Commission, page 210, line 26, Reception Match $250,000

I do not intend to eliminate the purpose of this line and will support transfer requests to the Budget and Control Board to help the agency manage the reduction. However, I believe this is another example of where State agencies need to control their growth.


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